Emotionally Intelligent Schools, LLC (“Mood Meter” or “we”) has created this privacy statement to confirm our commitment to respecting your privacy and personally identifiable information. We receive information from your access and use of Mood Meter’s various websites, applications and services (the “Services”). You must be at least 13 years of age (and, if younger than 18 years of age, have legal parental or guardian consent) to use the Services.
This Privacy Statement discloses our information gathering and dissemination practices at Mood Meter. By using the Services, you consent to these practices by Mood Meter and its service providers. If you do not agree with our practices, your choice is not to use the Services. If you have any questions about this Privacy Statement please e-mail us at firstname.lastname@example.org.
Due to the rapidly evolving nature of web-based and digital mobile technology, we may need to update this Privacy Statement from time to time. If so, we will post our updated Privacy Statement on our website located at the following URL: www.moodmeterapp.com/privacy and post notice of the change so it is visible when users log on for the first time after the change is posted and/or may communicate the changes by sending e-mail notices to registered users of the Services. We encourage you to review this Privacy Statement regularly for any changes. Your continued use of the Services and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Statement.
We may collect personal information from you – such as your name, e-mail address, state of residence and age – when you create a user account with Mood Meter. When you use the Services you may be prompted to provide additional personal information, such as your feelings, why you are experiencing a particular feeling and a strategy for shifting that feeling. You control the extent information you provide in connection with your use of the Services, and you are not required to provide any information in order to use the Services (though your user experience may be limited). Additionally, we may collect personally identifiable information about you that you provide to us when you contact us or that you voluntarily provide us with feedback, post in blogs, chat rooms, forums, message boards available from the Services and other users will be able to see any information that you post to such blogs, chat rooms, forums and message boards. We may also collect information concerning your use of the Services – such as about your internet connection, the equipment you use to access the Services and usage details – that does not individually identify you.
Use of Personal Information
We may use your personal information to provide you access to the Services, to contact you to deliver certain services or information you have requested, to improve the content and general administration of the Services, to provide you notices about your user account and to detect, investigate and prevent activities that may be illegal or otherwise violate Mood Meter’s Terms of Service. We may use your IP address to help diagnose problems with our server and to administer the Service. Your IP address may be used to help identify you as a returning visitor so that we can make your visit as useful as possible. We do investigate our log files to understand visitor usage patterns.
Disclosure of Personal Information
We will only disclose your personal information in limited circumstances and only to the extent we are permitted to do so by the terms of this Privacy Statement and by law. We will disclose your personally identifiable information (i) when we reasonably believe we are required to do so by law, regulation or other government authority or when we deem it appropriate or necessary to provide such information to law enforcement authorities, (ii) to enforce Mood Meter’s Terms of Service and this Privacy Statement, (iii) to protect and defend the rights or property of Mood Meter, or (iv) to protect the safety of our employees, agents, or users of the Services. We will not sell or transfer your personally identifiable information to any company or organization, except that we may transfer your personally identifiable information to a successor entity upon a merger, sale, consolidation or other corporate reorganization to which Mood Meter is a party.
We may use and disclose aggregated and/or non-personal information about users of the Service for research and measurement purposes. No such use of disclosure will identify or be able to identify any individual user. For example, we might want to know how many people in Texas are feeling in the “Blue” at a particular time. If you are from Texas, your data may be included in this analysis, but we will not include any of your personal information. We may also track the total number of visitors to the Services, browser type, IP addresses, external websites linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information.
The Services are not designed or intended to be accessed or used by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13 (or younger than 18 years of age and without legal parental or guardian consent), please do not attempt to register with the Services or send any information about yourself to us, including your name or e-mail address. In the event that we learn that we have collected personal information from a person under the age of 13, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a person under the age of 13, please contact us at email@example.com.
California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Service that are California residents to request certain information regarding certain disclosures of your personal information we may make to third parties. To make such a request, please send an e-mail to firstname.lastname@example.org.
While we do not give you the opportunity to remove any information that does not individually identify you from our database, you may remove certain information by contacting us directly at email@example.com. This includes electing not to receive future company communications or marketing material from Mood Meter or to opting to discontinue use of our service. Note that we cannot control whether another user contacts you or sends you a Mood Meter invitation using the Service.
Wemay offer chat rooms, message boards and other means of communicating to other users of the Service. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Contributions in public discussions may also be republished in any Mood Meter publications without compensation to or express permission from the original contributor.
We may employ security measures to protect the loss, misuse, and alteration of information, but you should recognize that any such security measures are inherently limited. We will not be liable for any breach of the security measures on the Services or any loss, misuse or alteration of information resulting therefrom.
If you have any questions regarding this Privacy Statement please contact us via e-mail at firstname.lastname@example.org.
Terms of Service
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS OF SERVICE”) CAREFULLY. YOU AGREE TO THESE TERMS OF SERVICE FOR USING this website (www.moodmeterapp.com), any of its subdomains and any MOBILE Software application INCLUDED OR ACCESSIBLE THROUGH THIS website (COLLECTIVELY, THE “APPLICATIONS”) BY CLICKING THE “I AGREE” BUTTON when this option is made AVAILABLE to you or by using the Applications.
The Applications are owned by Emotionally Intelligent Schools, LLC (“Mood Meter” or “we”). All references to “User” in these Terms of Service shall refer to you as well as other users of the Applications and the Service (as defined below). You must be 13 years or older to use the Applications and the Service, and persons who are at least 13 years old but under the age of 18, may only use the Applications and the Service with legal parental or guardian consent. If you do not accept and agree to these Terms of Service, or if you are younger than 13 years of age (or younger than 18 years of age and without legal parental or guardian consent), you must immediately cease your use of the Applications and the Service. If you have any questions regarding these Terms of Service or the Applications, please e-mail us at email@example.com.
We reserve the right to alter these Terms of Service at any time. If so altered, we will post our updated Terms of Service on this page and post notice of the change so it is visible when you visit and/or log-on to the Applications for the first time after the change is posted. Your continued use of the Applications after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms of Service, you must immediately cease your use of the Applications and the Service.
- Service The Applications allow Users to, among other things, utilize the “RULER” skills, which consist of Recognizing, Understanding, Labeling, Expressing and Regulating one’s emotions, for the purpose of identifying and tracking their feelings (the “Service”). We do not undertake to review or monitor any information you choose to provide in connection with your use of the Service. The Service is intended for informational purposes only, and is not intended to be a substitute for medical or other professional advice, diagnosis or treatment. You should always seek medical and professional advice if you have specific questions about your emotions and personal well-being.
- Social Media Features The Applications may make available to you certain social media features that enable you to display limited portions of the content generated from the Applications or the Service on your own or certain third-party websites or applications. You may use these features solely as we provide them to you and otherwise in accordance with any additional terms and conditions we provide with respect to such features and that the websites or applications on which you make certain content accessible may require (see the explanation below on “Third Party Items”).
- Your Rights
We hereby grant you a limited, fully revocable, non-exclusive, non-transferable, non-assignable right to access and use the Applications solely for your personal use in connection with accessing and using the Service, provided that you fully comply with these Terms of Service. We may suspend or terminate your right to access and use the Applications or the Service at any time and for any reason.
When you sign up to use the Service, you will be required to choose a user name and a password to establish an account and to provide additional information to supplement your profile. You are responsible for the security of all passwords and other access credentials required to access the Applications or the Service. You are responsible for any activity that occurs under your account. You agree to notify us immediately if you suspect any unauthorized use of your user name, password or access to your account. You shall not use the account, user name or password of another User at any time, nor shall you permit any other person to use your account, user name or password to access or use the apPlications and/or the Service.
- USAGE RESTRICTIONS You may not, nor may you authorize any third party to: (a) modify, edit, copy, reproduce, frame, create derivative works of, reverse engineer, alter, enhance, scrape or in any way exploit the Applications in any manner; (b) use the Applications as a service bureau; (c) rent, lease, loan, sell, license, publish, republish, display, post, transmit, resell for profit, or distribute the Applications or any part of the Applications in any form by any means (in whole or in part); (d) remove or alter any proprietary notice or legend regarding Mood Meter’s proprietary rights in the Applications; (e) use or access the Applications from outside the United States of America; (f) export the Applications outside of the United States of America; (g) transmit any worms or viruses or any code of a destructive nature on or through the Applications or introduce software or automated agents to the Applications, generate automated messages, or strip or mine data from the Applications; (h) use the Applications or any information obtained from the Applications in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent; or (i) use the Applications or the Service in any way that: (i) violates any applicable law or regulation; (ii) accesses or copies any data or information of other Users; (iii) interferes with or disrupts the integrity or performance of the Applications or the information contained therein; (iv) abuses, intimidates, harasses, threatens or interferes with another User’s use of the Applications; (v) interferes with, disrupts or creates an undue burden on the Applications or the networks or services connected to the Applications or (vi) is otherwise not permitted by these Terms of Service.
The Applications, and all worldwide intellectual property rights and proprietary rights related thereto, are the exclusive property of Mood Meter and its licensors. Mood Meter and its licensors reserve all rights in and to Applications not expressly granted to you in these Terms of Service, and no other licenses or rights are granted by implication, estoppel or otherwise.
To the extent that you provide Mood Meter with any suggestions, information, ideas or feedback concerning the Applications and the Service, including through e-mails, voicemails, postings or feedback forms (“Feedback”), any such Feedback will be the sole and exclusive property of Mood Meter. You agree to assign and hereby assign to Mood Meter all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Mood Meter in perfecting and enforcing such rights. You agree that any Feedback you submit is not being made in confidence or trust and that no confidential, advisory or fiduciary relationship is intended or created between you and Mood Meter in any way. You further acknowledge and agree that you have no expectation of any review, compensation or consideration of any of your Feedback.
Please be sure that any information you include when using the Service, including in any Feedback, is information that you are comfortable sharing with others.
- Warranty You represent and warrant to Mood Meter that (a) you have the legal power and authority to agree to and be bound by these Terms of Service; and (b) you have not falsely identified yourself nor provided any false information to gain access to the Applications.
THE APPLICATIONS AND THE SERVICE ARE PROVIDED ON AN “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND MOOD METER AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE APPLICATIONS AND THE SERVICE AND YOUR USE OF THE APPLICATIONS AND THE SERVICE UNDER THESE TERMS OF SERVICE, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, DATA ACCURACY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, MOOD METER DOES NOT WARRANT THAT THE APPLICATIONS AND THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND RESULTS OF THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL YIELD ANY SPECIFIC RESULTS, OR THAT DEFECTS IN THE APPLICATIONS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT MOOD METER HAS NO OBLIGATION TO CORRECT ANY DEFECTS OR ERRORS IN THE APPLICATIONS, REGARDLESS OF WHETHER YOU INFORM MOOD METER OF SUCH DEFECTS OR ERRORS OR MOOD METER OTHERWISE BECOMES AWARE OF, SUCH DEFECTS OR ERRORS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE FROM OR THROUGH THE APPLICATIONS OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, IN WHICH EVENT THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limited Remedy; LIMITATION ON LIABILITY Your sole recourse for dissatisfaction with the Applications and/or the Service is to stop using the Applications and the Service. To the maximum extent permitted by applicable law, We shall not be liable for any loss or damage, arising out of or resulting from your use of or reliance on the Applications and/or the Service. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS OF SERVICE HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE, and without regard to the types of damages claimed, including any direct, indirect, incidental, special, consequential or punitive damages, whether under any contract, negligence, strict liability or other theory, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS limited remedy GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS that VARY FROM JURISDICTION TO JURISDICTION.
- Indemnification You shall defend, indemnify, and hold harmless Mood Meter, its affiliates, and each of their officers, employees agents, and other licensors from any loss, liability, claim, or demand (including reasonable attorneys’ fees) arising from any third-party claim due to or arising out of (a) your use, or any use by a person using your account, of the Applications and/or the Service in violation of, or in a manner not authorized by, these Terms of Service; or (b) your negligence or willful misconduct.
- Trademarks The trademarks, logos and service marks (“Marks”) displayed with the Applications or the Service are the property of Mood Meter or its licensors. You are not permitted to use these Marks without the prior written consent of the third party that owns such Marks.
- Electronic communications The communications between you and Mood Meter use electronic means, whether you visit the Applications or send Mood Meter emails, or whether Mood Meter posts notices on the Applications or communicates with you via e-mail. You hereby (a) consent to receive communications from Mood Meter in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mood Meter provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
- U.S. Export Controls The content and software available in connection with the Applications and the Service are subject to United States export controls, and no such content or software may be downloaded from the Applications and the Service or otherwise exported or re-exported in violation of applicable United States export laws and/or regulations.
- Governing Law and Injunctive Relief
These Terms of Service shall be governed by the laws of the State of Connecticut without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Mood Meter agree to submit to the jurisdiction of, and agree that venue is proper in, the federal and state courts serving New Haven, Connecticut (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. We may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
- Third Party ITEMS
The Applications may be linked to other websites or applications that are not Mood Meter websites or applications, such as any social media features described above (“Third Party Items”). We are providing these links and features to you as a convenience, and we do not verify, make any representations or take any responsibility for such linked to Third Party Items, including the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Items. We have no control over the contents of those Third Party Items, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of Third Party Items, you do so entirely at your own risk.
Third Party Items may have different privacy policies and terms and conditions and business practices than those of Mood Meter, and we strongly recommend you familiarize yourself with those privacy policies and terms and conditions and business practices before utilizing any Third Party Items. Any reference on the Applications to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply the endorsement or recommendation of Mood Meter.
- General We may assign these Terms of Service, in whole or in part, at any time. You may not assign these Terms of Service, or any part thereof, to any other person. Any attempt by you to do so is null and void. If any provision of these Terms of Service is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. No waiver under these Terms of Service will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver will constitute a waiver only with respect to the specific matter described therein and will in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by either party in exercising any right hereunder will not be deemed a waiver of that right. When used in these Terms of Service, “including” and words of similar import mean “including but not limited to”. You must bring any claim related to the Applications or the Service within one year from the date on which the claim first could be filed, or such claim will be permanently barred. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and the rights, duties and obligations of the parties that by their nature continue and survive shall survive any termination of these Terms of Service.
- Copyright Infringement
We will review all claims of copyright infringement submitted by the applicable copyright owner or the copyright owner’s legal agent.
To make a claim, please provide Mood Meter with the following:
- a description of the infringing material and information reasonably sufficient to permit Mood Meter to locate the material, as well as a description of the copyrighted work claimed to have been infringed.
- a 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 applicable law;
- a physical or electronic signature of the copyright owner or the person authorized to act on its behalf and your contact information, including your address, telephone number and e-mail address; and
- a statement that the information in the notification is accurate, and under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Contact information for the Mood Meter for notice of claims of copyright infringement is as follows:
Emotionally Intelligent Schools, LLC
16 Court Street
New Haven, CT 06511