By accessing or registering on the StageAgent.org website, or by downloading any of the StageAgent.org mobile applications (collectively, “StageAgent.org Materials”), you agree to become bound by these Terms and Conditions.
IMPORTANT NOTE: StageAgent.org is intended for use by teachers and by educational institutions, public or private. We provide our services to teachers, and StageAgent.org is available in the United States to individuals aged 13 years or older. Outside the United States, if you are under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. We will notify you of any updates by posting on StageAgent.org and notifying you by email using the email address on your account.
StageAgent and the StageAgent.org Materials comply with applicable law, including the Family Educational Rights and Privacy Act (FERPA) and Children’s Online Privacy Protection Act (COPPA). We do not intentionally collect any personally identifiable information from users under the age of 13. If you are a parent or guardian or teacher and believe that your child or student has provided StageAgent.org with personally identifiable information, please notify firstname.lastname@example.org so that we can immediately delete the information from our servers.
We are not responsible or liable in any way for any Materials provided by others. However, we reserve the right at all times to determine whether Materials are appropriate and in compliance with this Agreement, and may pre-screen and remove Materials at any time if such Materials is found to be in violation of this Agreement or is otherwise objectionable.
StageAgent respects the intellectual property rights of others, and requires that the people who use the Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office website http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StageAgent to locate the material (e.g., URL).
c. Information reasonably sufficient to permit StageAgent to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, it’s agent, or the law.”
e. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
f. A physical, electronic or digital signature, in a form reasonably acceptable to StageAgent, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
P.O. Box 1296
Palo Alto, CA 94301
h. Send electronically-signed communication to email@example.com
After receiving a notification of alleged infringement, StageAgent will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, StageAgent will provide the provider of affected material with a copy of the notice. The provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that StageAgent has removed or to which StageAgent has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in California Northern District (if your address is outside of the United States, for any judicial district in which StageAgent may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to StageAgent.org.
e. Send written communication to the following address:
P.O. Box 1296
Palo Alto, CA 94301
f. Send electronically- or digitally-signed communication to firstname.lastname@example.org. Upon receipt of a counter notification in substantial compliance with the DMCA, StageAgent will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, StageAgent will generally replace the removed material and cease disabling access to it, unless StageAgent’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
StageAgent is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, StageAgent expects you to resolve trademark disputes directly with the individual rather than utilizing StageAgent as an intermediary.
The StageAgent.org account owner is the owner of any data, including student Content, submitted through the StageAgent.org Materials. StageAgent retains a perpetual, irrevocable, worldwide, sublicensable and transferable right to use, publish, display, modify and copy anonymized Materials. For the avoidance of doubt, such anonymized Materials shall not include any personally identifiable information.
In case you decide to sign up for a StageAgent for Schools Paid Teacher Account and to provide StageAgent with your payment account information, you hereby agree to the following payment terms and conditions:
StageAgent offers you the option of creating a Teacher Account which allows you to create a Teacher Profile, view lesson plans, create Groups, view reports, and create Passcodes for your students to join your Groups and access StageAgent Materials. Each individual student Passcode is unique and meant for one individual. It cannot be shared, resold or redistributed. If multiple users are found to be associated with a single Passcode, StageAgent reserves the right to terminate the Teacher Account and associated student Passcodes without refund.
Teacher Account holders are required to pay a recurring yearly fee to utilize the Teacher Account which can either be paid by the individual or institution such as a school or school district. StageAgent accepts credit cards and checks. If you choose to pay by credit card, we will automatically charge your credit card before upgrading your account.
The fees for your Teacher Account will be billed from the date you create your Account and on each renewal thereafter unless and until you cancel your Teacher Account. If you elected to pay via credit card, StageAgent will automatically bill your credit card on the calendar day corresponding to the commencement of your Teacher Account. You authorize StageAgent to renew your Teacher Account at the then-current rate until you cancel your membership. All fees and charges are pre-paid and nonrefundable, and there are no refunds or credits for partially used periods. If payment is not received from the credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information, and you agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
You may cancel your Teacher Account at anytime on StageAgent.org through Account Settings or by emailing us at email@example.com. Cancellation will be effective immediately. Your Teacher Account will continue in effect unless and until you cancel your Account or we terminate it. You must cancel your Teacher Account before it renews in order to avoid billing of the next period’s fees to your credit card. Should you elect to cancel your Teacher Account, please note that you will not be issued a refund for any previous payments.
The StageAgent.org Materials are provided “as is.” StageAgent hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. StageAgent does not make any warranty that the StageAgent.org Materials will be error-free or that access thereto will be continuous or uninterrupted.
You understand that you use the StageAgent.org Materials at your own discretion and risk. You are solely responsible for any damage to your computer or other devices and for any loss of data that may result from the download of such Materials. We do not provide any warranty or guarantee as to the accuracy, performance, completeness, or suitability of the information and materials found or offered on the StageAgent.org Materials. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. StageAgent does not guarantee or warrant that any Materials you may store or access through StageAgent.org will not be subject to inadvertent damage, loss or removal.
It is your responsibility to maintain appropriate alternate backup of your information and data.
In no event will StageAgent be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to StageAgent.
You agree to indemnify and hold harmless StageAgent, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the StageAgent.org Materials, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between StageAgent and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of StageAgent, or by the posting on StageAgent.org of a revised version. Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of the StageAgent.org Materials will be governed by the laws of the state of California, U.S.A.
P.O. Box 1296
Palo Alto, CA 94301
Effective Date: August 11, 2017