Welcome to DigitWhiz! These Terms and Conditions govern your use of the Service on our Web site at www.digitwhiz.com, as well as any mobile sites, mobile applications, and other internet points of presence that we make available to you as part of the Service (collectively, the “Site”). “Service,” as used in these Terms and Conditions, means the Web-based services we make available to users.

By using the Service, you accept these Terms and Conditions. If you do not agree with any of these Terms and Conditions, you may not use the Service. As used in these Terms and Conditions, “we,” “us,” or “our” means DigitWhiz Inc.

1. Modifications

We reserve the right to modify these Terms and Conditions by posting updated versions to this page from time to time.

2. How DigitWhiz protects your private information

DigitWhiz takes the privacy of its users very seriously. For the current DigitWhiz Privacy Policy, please click here.

The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Therefore, we only collect Personal Information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described in this document) to obtain parental consent for that child to use the Services and disclose Personal Information to us. A parent or guardian may sign up his or her child for the Services and provide Personal Information about that child to us. However, no child under 13 may send us any Personal Information unless he or she has signed up through his or her school, district or teacher and such school, district or teacher has obtained parental consent for that child to use the Services and disclose Personal Information to us. If you are a student under 13, please do not send any Personal Information to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any Personal Information other than what we request from you in connection with the Services. If we learn we have collected Personal Information from a student under 13 without parental consent from his or her parent or guardian or obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us here.

If you are signing up for DigitWhiz and creating accounts on behalf of student(s), you represent and warrant that you are either (a) a teacher or school administrator or otherwise authorized by a school or district to sign up on behalf of students or (b) the parent/guardian of such student(s). If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA. When obtaining consent, you must provide parents and guardians with these Terms and our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

3. Intellectual Property

The following list indicates everything that is owned by the Services.

The materials displayed or performed on the Services, including, but not limited to, text, graphics, games, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including DigitWhiz’s) rights.

You understand that DigitWhiz Inc owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.

This document was last updated on October 6, 2013.