YOUHANZI TERMS OF SERVICE

 

Last Updated: July 23rd 2018
 

Welcome to youHanZi! 

 

The youHanZi App is owned and operated by YouPlus, LLC. (collectively “YouPlus”, “Company”, “we”, or “us”). We are making our mobile application youHanZi (collectively, “youHanZi”, “the youHanZi Service”, or “the Service”) available to you subject to the following terms and conditions of service (the “Terms”). The Terms are a legal contract between you and youHanZi regarding your use of the Service (you and others using the Service will be referred to as “Users”, “Students”, or “Teachers”).

 

Our mission is to create an educational environment where students can learn a foreign language interactively along with teachers. As long as you comply with these Terms, you have the right to download and install a copy of the Apps to your mobile device, and to access and use the Service, for your own personal use. By creating an account on youHanZi, you agree to be bound by Terms. If you do not agree to these Terms at any time, please do not use our Apps.


PRIVACY

 

youHanZi takes your privacy seriously. The following summarize our promises to you.


  • We never sell your data or student data.
  • We never advertise in youHanZi.
  • We don’t own the content you add to youHanZi.
  • Student data is private to the classroom by default.
  • Teacher data is private to the classroom by default.
  • We are transparent about our practices and will notify you if things change.
  • We are compliant with FERPA and COPPA.

To learn more about how youHanZi collects, stores, uses, shares, and protects your personal information, please review our Privacy Policy.


BASIC TERMS 


Users may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.


Users are responsible for keeping their password secret and secure as well as their data such as images, usernames, and profiles.  Users may not use the Service for any illegal or unauthorized purpose. Users agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to the use of the Service, including but not limited to, copyright laws.

 

All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. youHanZi cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 


PARENTAL CONSENT


We require that teachers or schools get parental consent before using youHanZi with children who are under the age when they can grant consent on their own. This age may vary based on where you live. For example, in the United States that age is younger than 13. We require that teachers or schools check your local laws to determine the relevant age in your country. 


There are several ways you can obtain parental consent:


If you are aware youHanZi is collecting information from a student without parental consent, please contact us immediately at support@youhanzi.com and we will delete the data.


TEACHER ACCOUNT

 

Teachers or school administrators can apply to convert their youHanZi user account to youHanZi teacher account. After this application is approved, you can create a class on youHanZi. Once the class is created, teachers can authorize student participants, additional faculty and parents and other family members with appropriate permissions to use the Service.
 

When you create a youHanZi class, you agree that:


  • Any students you add to your class are current students in your class.
  • Any additional teachers using your youHanZi teacher account are authorized by your school to access student data and information.
  • You will use youHanZi only for lawful purposes and abide by applicable law and school and school district policies in your use of youHanZi.
  • You will treat youHanZi as an extension of the classroom and take reasonable steps to confirm that students are using youHanZi appropriately.
  • You will take reasonable measures to protect access to information and student data contained in your youHanZi class.
  • You will only invite students, parents, guardians, and other trusted adults to view your youHanZi class.


STUDENT ACCOUNT

 

There are several ways to use youHanZi as a student participant of a youHanZi class.


  • A youHanZi user scan the QR code of a youHanZi class to join the class.
  • A youHanZi teacher manually add a youHanZi user into a class.
  • A student is using the student account automatically created for a youHanZi class.

youHanZi is an extension of the classroom. As a youHanZi student, you agree to use youHanZi in a manner that is appropriate to the classroom. You may not violate the policies of your school or school district in your use of youHanZi.

 

YOUR INTELLECTUAL PROPERTY

 

We don’t own the content you provide – students and their schools own all student data added to youHanZi. 


However, in order to provide our Services, we need certain limited rights to your content. For example, when you upload your content, we need the rights to store it and serve it back to you. Therefore, you grant youHanZi the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content only how you specify and only within the context of the youHanZi service.


youHanZi reserves the right, but has no obligation, to delete content posted on our Services if we receive a valid takedown notice or if your content violates any of our prohibited activities.

 

youHanZi’S INTELLECTUAL PROPERTY

 

youHanZi is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of youHanZi’s logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited.


PROHIBITED ACTIVITIES


All users agree that they will refrain from the following prohibited activities when using youHanZi.


  • Don’t use youHanZi in a manner that violates any applicable laws, regulations, ordinances, or directives.
  • Don’t use youHanZi in any manner that would be inappropriate for the classroom or violates applicable school or school district policies.
  • Don’t use youHanZi to lie or mislead other users.
  • Don’t use youHanZi to distribute unsolicited or unauthorized unsolicited communications, promotions, advertisements or spam.
  • Don’t use youHanZi to do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.
  • Don’t impersonate youHanZi or our users on youHanZi or elsewhere.
  • Don’t interfere with anyone’s use or enjoyment of youHanZi.
  • Don’t use personal information about other users, including students, without consent or as forbidden by applicable law or regulation.
  • Don’t use youHanZi in a way that infringes the intellectual property rights of others.
  • Don’t crawl, scrape, or use any manual or automated system to copy any public content available within youHanZi.


ACCOUNT SUSPENSION AND TERMINATION

 

youHanZi reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities or in any manner that otherwise violates our Terms or other policies. In addition, youHanZi reserves the right to terminate any account at any time for any reason without notice to you.  

 

 ABANDONED ACCOUNTS

 

youHanZi reserves the right to terminate accounts that have not been accessed by Users for a period of more than one year without any notification. 

 

 SECURITY

 

We use industry best practices to collect, store, and transmit your data securely.  This includes data centers with stringent physical access control measures, use of HTTPS/SSL to securely transmit data, and routine audits of our security protocols.  In the event of a security breach, we will notify affected account holders as required by law so that you can take steps to keep your data safe.

 

CHANGES TO OUR TERMS

 

youHanZi may modify our Terms from time to time. youHanZi will notify you of any changes to our terms that materially alter your rights or responsibilities by email and by posting a notice to our app. 

 

WARRANTIES AND DISCLAIMERS

 

YOUR USE OF YOUHANZI IS AT YOUR SOLE RISK. YOUHANZI AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH YOUHANZI ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUHANZI, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOUHANZI AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE YOUHANZI SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE YOUHANZI SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE YOUHANZI SERVICE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

 

INDEMNITY

 

You agree to indemnify and hold harmless youHanZi from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to: (a) your use or misuse of youHanZi; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our Terms.  youHanZi will give you written notice of any such matter; however, any failure or delay by youHanZi to do so does not negate your defense or indemnification obligations or waive youHanZi’s rights to seek payment or defense or indemnification from you. youHanZi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with youHanZi in our defense of these claims. You will not settle any claim that affects youHanZi or our affiliates without our prior written approval.

 

LIMITATION OF LIABILITY

 

To the maximum extent permitted by law, youHanZi will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if youHanZi has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use youHanZi; (b) any conduct or content of any user or third party on our services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on youHanZi; or (e) youHanZi’s decision to publish or remove any information on our service.

 

In no event shall youHanZi’s total liability to you for all damages, losses, or causes of action arising out of or relating to our Terms exceed: (1) the amounts you paid to access youHanZi during the twelve (12) months immediately preceding the date of your claim, or (2) one thousand U.S. dollars, whichever is greater.

 

The limitations of liability set forth in this section will survive any termination or expiration of our Terms, and will apply even if any limited remedy specified in our Terms is found to have failed of its essential purpose.

 

LAW GOVERNING LEGAL DISPUTES

 

The laws of the State of California govern this agreement, as well as any dispute, claim, or controversy that may arise between you and youHanZi, without to conflicts of law provisions.

 

WE BOTH AGREE TO ARBITRATE

 

You and youHanZi agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.


 OPT-OUT OF AGREEMENT TO ARBITRATE


You can decline this agreement to arbitrate by contacting support@youHanZi.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.


Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.


Arbitration Fees: The AAA rules will govern payment of all arbitration fees. youHanZi will pay all arbitration fees for claims less than $75,000. youHanZi will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.


Exceptions to Agreement to Arbitrate: Either you or we may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the youHanZi products or Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.


NO CLASS ACTIONS

 

You may only resolve Disputes with youHanZi on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

 

ENTIRE AGREEMENT

 

These Terms (and any other policies we refer to in this document) make up the entire agreement between you and uPlus Apps LLC, and supersede any prior agreement. If any part of these Terms are found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If youHanZi fails to enforce any part of these Terms, such a failure does not constitute a waiver.


CONTACT INFORMATION


If you have any question regarding these Terms, please email us at support@youhanzi.com