Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. ShortCastle.com offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@ShortCastle.com.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY SHORTCASTLE.COM OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by ShortCastle.com; (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
1.1 Account. In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to ShortCastle.com, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify ShortCastle.com at firstname.lastname@example.org. You may be liable for the losses incurred by ShortCastle.com or others due to any unauthorized use of your Website account.
1.3 Child User. If You are a User of the Website and are under the age of 13 (“Child User”), You may not register an account for the Website 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 may use the Website if registered through certain educational organizations or, in certain cases (as defined below), by Coaches that have entered into a relationship directly with ShortCastle.com and through which education organization or Coach the legal parent and/or guardian of such Child User has consented to use of the Website. Further, in certain instances, a Child User may use our Website via one of the third party applications that integrate into or with the Website. A Child User that has registered through such external educational organizations, third party applications, or Coaches will only be permitted to use the Website for so long as ShortCastle.com reasonably believes that such access has been consented to by the Child User’s parent or guardian.
1.4 Coach. ShortCastle.com may make available certain features and tools that permit certain Users (such as, for example, representatives of school districts, schools, teachers, and other educators) to work with students and other Users through the Website in order to provide such students and other Users with tutorial, educational and other education-related services, and to review and evaluate educational achievement and progress of such students and other Users (each a “Coach”). If you are a Coach, you must use ShortCastle.com’s Coach Registration process when registering accounts on the Website for one or more of your students. IF YOU ARE A COACH AND YOU REQUEST AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD USER’S PARENT OR LEGAL GUARDIAN FOR YOU TO REGISTER THE CHILD USER FOR THE WEBSITE AND FOR YOU TO PROVIDE TO SHORTCASTLE.COM THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER, FOR SO LONG AS THE CHILD USER IS NOT OTHERWISE ASSOCIATED WITH OR ASSUMED BY A VALID PARENT USER ACCOUNT. You hereby agree to indemnify, defend and hold harmless ShortCastle.com 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 1.4; (b) the use of the Website by the Child User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User, or (e) any other action related to the Child User.
You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for ShortCastle.com groups, clubs, blogs, or any other content on or off of ShortCastle.com;
Post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;
Threaten violence against anyone else or advocate harming yourself;
"stalk" or otherwise harass another;
Impersonate any person or entity, including, but not limited to, a ShortCastle.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
Upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Access, tamper with, or use non-public areas of the Service, ShortCastle.com’s computer systems, or the technical delivery systems of ShortCastle.com’s providers;
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ShortCastle.com username), use of the Service, or access to the Service. You agree that your ShortCastle.com account is non-transferable.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ShortCastle.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ShortCastle.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ShortCastle.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that ShortCastle.com may or may not pre-screen Content, but that ShortCastle.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, ShortCastle.com and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. ShortCastle.com may remove any Content on the Service for any reason and may suspend or terminate users or reclaim usernames at any time without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of ShortCastle.com, its users, and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ShortCastle.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
ShortCastle.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant ShortCastle.com the following worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive license, with right of sublicense, to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform and publicly display any Content you submit or make available for inclusion on publicly accessible areas of the Service and to incorporate such Content into other works in any format or medium now known or later developed.
As between ShortCastle.com and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any games, positions, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. ShortCastle.com does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the ShortCastle.com Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, games, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the ShortCastle.com Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to ShortCastle.com.
Subject to your full compliance with the ShortCastle.com Terms and timely payment of all applicable Fees, ShortCastle.com hereby grants you, upon creating your User Account and for as long as ShortCastle.com wishes to provide you with the ShortCastle.com Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the ShortCastle.com Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the ShortCastle.com Terms, and solely within the ShortCastle.com Services.
The ShortCastle.com Terms do not convey any right or interest in or to ShortCastle.com’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the ShortCastle.com Terms constitutes an assignment or waiver of ShortCastle.com’s Intellectual Property rights under any law.
You may discontinue to use and request to cancel your User Account and/or any ShortCastle.com Services at any time, in accordance with the instructions available on the ShortCastle.com Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the ShortCastle.com Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of the ShortCastle.com Terms and/or to pay any due Fee shall entitle ShortCastle.com to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related ShortCastle.com Services (e.g., Paid Services) or Third Party Services to you.
If your User Account or any ShortCastle.com Services or Third Party Services related to your User Account are cancelled (whether at your request or at ShortCastle.com’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). ShortCastle.com shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any ShortCastle.com Services following their cancellation, as determined by ShortCastle.com in its sole discretion.
When using the ShortCastle.com Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against ShortCastle.com with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the ShortCastle.com Services, please immediately report such User by sending an email to support@ShortCastle.com. You agree that your report shall not impose any responsibility or liability upon ShortCastle.com and that ShortCastle.com may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
We provide the ShortCastle.com Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the ShortCastle.com Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the ShortCastle.com Services – so please be sure to verify those before using or otherwise engaging them.
ShortCastle.com may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may ShortCastle.com be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the ShortCastle.com Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, ShortCastle.com shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the ShortCastle.com Services and/or connecting and/or dealing with any Third Party Services through or in connection with ShortCastle.com Services, and that ShortCastle.com cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
ShortCastle.com does not recommend the use of the ShortCastle.com Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain ShortCastle.com Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain ShortCastle.com Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the ShortCastle.com Services at this BETA stage signifies your agreement to participate in such ShortCastle.com Services’ BETA testing.
To the fullest extent permitted by law in each applicable jurisdiction, ShortCastle.com, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the ShortCastle.com Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the ShortCastle.com Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the ShortCastle.com Services; (6) events beyond the reasonable control of ShortCastle.com, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of ShortCastle.com Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for ShortCastle.com’s services to you, and such limitations will apply even if ShortCastle.com has been advised of the possibility of such liabilities.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
ShortCastle.com reserves the right to change, suspend or terminate any of the ShortCastle.com Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the ShortCastle.com Services (including removal of any materials created by you in connection with the ShortCastle.com Services) for any reason and/or change any of the ShortCastle.com Terms with or without prior notice - at any time and in any manner.
You agree that ShortCastle.com will not be liable to you or to any third party for any modification, suspension or discontinuance of those ShortCastle.com Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current ShortCastle.com Services without enabling such changes, or provide you with alternative Services.
The ShortCastle.com Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the ShortCastle.com Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the ShortCastle.com Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and ShortCastle.com shall only be resolved on an individual basis and you shall not have the right to bring any claim against ShortCastle.com as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the ShortCastle.com Services, including by a banner or pop-up within the ShortCastle.com Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. ShortCastle.com’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
ShortCastle.com respects the intellectual property rights of others and expects users of the Service to do the same. ShortCastle.com complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us. If you believe that any Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as a url);
your contact information, including your address, telephone number, and an email address;
a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that your removed Content is not actually infringing, or that you have the necessary rights to post your Content, please send us a counter-notice containing the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
your physical or electronic signature (with your full legal name);
identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed Content. Unless the original person alleging copyright infringement files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, in ten to fourteen business days or more after receipt of the counter-notice, at ShortCastle.com’s sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, ShortCastle.com may also terminate a user's account if the user is determined to be a repeat infringer.
Modifications to the Terms of Service
We may modify these Terms at any time, and we will update the most current version at www.ShortCastle.com. If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.
The Terms of Service constitutes the entire agreement between you and ShortCastle.com and governs your use of the Service, superseding any prior agreements between you and ShortCastle.com with respect to the Service. These Terms of Service are the entire and exclusive agreement between ShortCastle.com and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between ShortCastle.com and you regarding the Service (excluding any services for which you have a separate agreement with ShortCastle.com that is explicitly in addition or in place of these Terms of Service). If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you. ShortCastle.com may freely assign these Terms of Service, and you expressly agree that any intellectual property rights licensed to ShortCastle.com hereunder, including any rights to Content, are transferable to ShortCastle.com’s assignee without your consent. The failure of ShortCastle.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.