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Acceptable Use Policy

Last Modified: February 23, 2022

Effective Date: February 23, 2022

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Please read this Acceptable Use Policy of FM Education LLC, a Delaware limited liability company (referred to in this Acceptable Use Policy as “FooMoo”, “we”, “us”, or “our”) carefully to understand our policies for how you may use the FooMoo Platform (including our website located at https://www.foo-moo.com and our FooMoo software and mobile applications), and all related systems and services provided by FooMoo (all of the foregoing are collectively referred to herein as the “FooMoo Services”). This Acceptable Use Policy is part of the FooMoo Terms of Service Agreement, located at https://www.foo-moo.com/about/termsofservice ofservice (the “Agreement”). Except as otherwise defined herein, all terms used in this Acceptable Use Policy have the meanings set forth in the applicable Agreement. Please read this Acceptable Use Policy and the Agreement carefully to understand our policies and practices regarding how we use your information.

1.  Overview.  We respect the safety and rights of others, and we require each of our users to do the same. In order to comply with legal requirements and to provide a better FooMoo experience for all of our users, you must comply with all of the provisions of this Acceptable Use Policy. In general, you must not use the FooMoo Platform in any way that infringes or violates the rights of the FooMoo Parties (as defined in the Agreement) or any other person, violates the law, or is likely to do those things.

2.  Intellectual Property Rights.  

            2.1.  Generally.  You are not allowed to use the FooMoo Platform in any way that infringes the intellectual property rights or publicity rights of the FooMoo Parties or any other person or entity, and you represent to us that any content you upload, post, send, submit, transmit, or otherwise transfer to or through the FooMoo Platform (“Your Content”) does not infringe any person’s or entity’s intellectual property rights or publicity rights.

            2.2.  Trademarks.  

                        2.2.1.  What is a Trademark?  A trademark is any word, slogan, symbol or design (such as a logo), or sound that is used by an individual, business, or organization to identify its goods or services and to distinguish them from those created, provided, or sold by others. The purpose of trademark law is to prevent consumers from being confused about who provides or is affiliated with a product or service. The owner of a trademark has the right to prevent others from using its trademarks (or similar trademarks) in a way that is likely to confuse people into thinking that the person using the trademark is the trademark owner or has a relationship with the trademark owner or that the trademark owner approves or endorses the other person’s products or services.

                        2.2.2.  Using Trademarks.  Your Content must not:

  • Use any of the FooMoo trademarks or copyrighted materials (including the names “FM Education”, “FooMoo”, and our logos) except with our prior written permission;

  • Impersonate or attempt to impersonate any of the FooMoo Parties or our employees or Affiliates;

  • Use the name of another person, organization, or brand with the intent to impersonate that person, organization, or brand;

  • Use anyone else’s trademarks in any way that is likely to cause confusion about your relationship with the owner of the trademark or gives the impression that the owner of the trademark approves or endorses you or Your Content; or

  • Be offensive, vulgar, or obscene.

            2.3.  Copyrights.  Copyright law protects original works of authorship (such as drawings, photos, and reviews). Copyright can protect the words or images that express an idea, but not facts or ideas themselves. Your use of the FooMoo Platform (including Your Content) must not infringe any person or entity’s copyrights.

3.  Safety and Rights of Others.  You agree that you will not:

  • Use the FooMoo Services for the purpose of exploiting or harming (or attempting to exploit or harm) minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • Share, post, or transmit spam, junk mail, chain letters, pyramid schemes, or the like through the FooMoo Platform;

  • Transmit through the FooMoo Platform any other person’s private or sensitive information, including, for example, Social Security numbers or taxpayer identification numbers, passport numbers, driver’s license numbers or other government-issued identification numbers, bank account numbers, credit or debit card numbers, login or authentication credentials (such as passwords), non-public contact information (including phone numbers, street or mailing addresses, and e-mail addresses), addresses or locations that are considered and treated as private, images or videos that are considered and treated as private under applicable laws, or other similar information;

  • Use the FooMoo Platform to engage in phishing;

  • Use the FooMoo Platform to publish falsehoods or misrepresentations that could damage or harm the FooMoo Parties or any other person;

  • Submit any content that is obscene, defamatory, libelous, slanderous, threatening, harassing, abusive, embarrassing, hateful, or racially or ethnically offensive to any other person, or that is unlawful or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation;

  • Use the FooMoo Platform to impersonate any person; or

  • Use the FooMoo Platform, or any Personal Information obtained through the FooMoo Platform or through your participation in ParentShare Services, to stalk, harass, defame, abuse, threaten, intimidate, misrepresent, mislead, or otherwise violate the privacy or rights of any person.

4.  No Disruptive Activities.  We want all of our users to enjoy a high quality experience when using the FooMoo Services. You agree that you will not:

  • Create, or attempt to create, multiple User Accounts;

  • Send any content to or through the FooMoo Platform that does not comply with this Acceptable Use Policy;

  • Access or use the FooMoo Services using the account of another user;

  • Circumvent, compromise, or undermine the security or integrity of the FooMoo Services, or attempt to do so;

  • Probe, scan, or test the vulnerability of the FooMoo Services, or any systems, networks, servers, computers, devices, or equipment owned or controlled by the FooMoo Parties, our users, our business partners, or our affiliates;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the FooMoo Services, or any server, network, computer, device, system, or database owned or controlled by any of the FooMoo Parties, our users, our business partners, or our affiliates or related to, associated with, or connected to the FooMoo Services;

  • Use any automated device, process, or means (such as robots or spiders) to access or use the FooMoo Platform for any purpose, including monitoring or copying any content;

  • Attack the FooMoo Services via a denial-of-service or distributed denial-of-service attack;

  • Use the FooMoo Platform in any manner that we believe could disable, overburden, damage, impair, or interfere with the proper operation of the FooMoo Platform;

  • Interfere with or disrupt the performance or integrity of the FooMoo Services or any data transmitted by or through the FooMoo Services;

  • Engage in any other conduct that, in our determination, restricts or inhibits anyone’s use or enjoyment of the FooMoo Services (including the ability of other users to engage in real-time conversations through the FooMoo Services) or that may harm any of the FooMoo Parties, our users, our business partners, or our affiliates or expose the FooMoo Parties, our users, our business partners, or our affiliates to liability;

  • Post the same services or requests repeatedly and excessively (“Spamming”)—Spamming is strictly prohibited;

  • Post information in the Community section of the FooMoo Platform with the intent of marketing products or services, or influencing opinion for commercial or political purposes;

  • Use the FooMoo Platform to offer taxi services or commercial ride sharing services;

  • Transmit any viruses, Trojan horses, worms, malware, or other material which is malicious or technologically harmful through the FooMoo Services; or

  • Solicit, encourage, or cause any third party to engage in any conduct prohibited by this Acceptable Use Policy or the Agreement.

5.  Banned Users.  We reserve the right to permanently ban any person who violates this Acceptable Use Policy (or any other provision of the Agreement). You agree that if you are banned you will not, at any time after being banned, access or use (directly or indirectly) the FooMoo Platform or the FooMoo Services or attempt to do so.

6.  Adult Content.  You are prohibited from uploading, posting, or transmitting any content that includes visual depictions of nudity, pornography, sexual acts, the consumption of illegal substances, or acts of violence, or any content that is inappropriate for minors.

7.  Contacting Us.  If you have any questions about this Acceptable Use Policy, you may contact us by e-mail at help@foo-moo.com .