Types of Child and Moderator Accounts.
Child User. If You are a User of the Service and are under the age of 13 (“Child User”), You may not register an account for the Service without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account.
>Additionally, a Child User who is a Student may use the Service if registered through an Educator that has entered into a relationship directly with SelfCAD. In that case, the Educator is responsible for gathering the appropriate consent (e.g. using a consent Form) from that Child User’s parent or legal guardian for the Child User to use the Service. A Child User that has registered through an Educator will only be permitted to use the Service for so long as SelfCAD reasonably believes that such access has been consented to by the Child User’s parent or guardian. These Child User accounts registered through an Educator may be subject to FERPA as described below.
Parent User. If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Service, You may register a parent account on the Service (“Parent User”). As a Parent User, you may create, register, manage and approve Child User accounts only for your own children) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICE BY THE CHILD USER. You acknowledge that SelfCAD may choose, but is not obligated, to make any inquiries, either directly or through third parties, that SelfCAD deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. SelfCAD reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT SelfCAD CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND SelfCAD IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR AN EDUCATOR DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by SelfCAD at any time and without warning for any failure to abide by these Terms.
Educator. SelfCAD may make the Service available to certain Users (eg. school district representatives, educational institutions, teachers and adult supervisors) to work with Students and other Users through the Service (each an “Educator”). If you are an Educator who will be using the Service with Students in your district, school, or classroom, Student Data provided or generated through your or your Students’; use of the Service may be subject to FERPA, which generally requires schools and school districts to obtain parental consent before disclosing Student Data outside of the school. In addition, Educators may be using the Service with Students who are Child Users. Accordingly:
- You represent and warrant that: (1) you are authorized to act on behalf of, or have permission from, your school or school district to enter into this Agreement and to use the Service with your Students, and that if at any point in time you become no longer authorized, you will immediately inform SelfCAD and cease using the Service, (2) before you enroll or sign up any Student to use the Service, you, your school, or your district will obtain a signed and dated Consent Form , attached to this Agreement as Appendix A, that is voluntarily provided by the Student’s parent or legal guardian (or, if the Student is over eighteen (18) years of age, from the Student) and (3) you will not provide Student Data of any Student under thirteen (13) years of age, without first obtaining a signed and dated consent form that is voluntarily provided by the Student’s parent or legal guardian.
- SelfCAD agrees that: (1) it will comply, within a reasonable time frame, with your requests to review, modify, or delete any Student Data that SelfCAD maintains about your Student, and (2) it will not maintain, use, or disclose Student Data except as authorized by you, or as permitted or required by applicable law or a judicial order.
- You hereby agree to indemnify, defend and hold harmless SelfCAD against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of any provision, representation or warranty this Section; (b) the use of the Service by the Student ; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Student, or (e) any other action related to the Student.