- Your Relationship with ConnectedLearningAlliance.org
- Your use of the www.ConnectedLearningAlliance.org web site (the “Site”) and the products, software, and services made available through the Site (referred to collectively as the “Services” in this document, but excluding any services provided to you by ConnectedLearningAlliance.org under a separate written agreement) is subject to the terms of this legal agreement between you and ConnectedLearningAlliance.org. This legal agreement is referred to as these “Terms”.
- “ConnectedLearningAlliance.org” means ConnectedLearningAlliance and its affiliates and licensors.
- Unless otherwise agreed in writing with ConnectedLearningAlliance.org, your agreement withConnectedLearningAlliance.org and your use of the Site and the Services will always include, at a minimum, the terms and conditions set out in these Terms.
- These Terms form a legally binding agreement between you and ConnectedLearningAlliance.org in relation to your use of the Site and the Services. It is important that you take the time to read them carefully.
- Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- You can accept the Terms by either: i. clicking to accept or agree to the Terms, where this option is made available to you by ConnectedLearningAlliance.org in the user interface for any Service; or ii. by actually using the Services. In this case, you understand and agree that ConnectedLearningAlliance.org will treat your use of the Services as acceptance of the Terms from that point onwards, each time you use the Services.
- You may not use the Services and may not accept the Terms if (i) you are not of legal age to form a binding contract with ConnectedLearningAlliance.org, or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Before you use any Services, you should print off or save a local copy of the Terms for your records.
- Provision of the Services by ConnectedLearningAlliance.org
- ConnectedLearningAlliance.org attempts to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ConnectedLearningAlliance.org provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that ConnectedLearningAlliance.org may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ConnectedLearningAlliance.org’s sole discretion, without prior notice to you.
- You may stop using the Services at any time. You do not need to specifically inform ConnectedLearningAlliance.org when you stop using the Services.
- You acknowledge and agree that if ConnectedLearningAlliance.org disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.
- You acknowledge and agree that while ConnectedLearningAlliance.org may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ConnectedLearningAlliance.org at any time, at ConnectedLearningAlliance.org’s discretion.
- Use of the Services by You
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of any registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ConnectedLearningAlliance.org will always be accurate, correct and up to date.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) any of the Services by any means other than through interfaces that are provided by ConnectedLearningAlliance.org. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that ConnectedLearningAlliance.org has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ConnectedLearningAlliance.org may suffer) of any such breach.
- Your Passwords and Account Security
- Some features of the Site may require or permit you to establish a unique account.
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- Accordingly, you agree that you will be solely responsible to ConnectedLearningAlliance.org for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify ConnectedLearningAlliance.org immediately using this site’s Feedback Form.
- Privacy and Your Personal Information
- Content in the Services
- You understand that all information (such as blog posts and comments, papers, bibliographic submissions, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
- ConnectedLearningAlliance.org reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
- You agree that you are solely responsible for (and that ConnectedLearningAlliance.org has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ConnectedLearningAlliance.org may suffer) by doing so.
- Proprietary Rights
- Other than the licenses set forth in Section 10, ConnectedLearningAlliance.org acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that ConnectedLearningAlliance.org has no obligation to do so on your behalf.
- You agree that ConnectedLearningAlliance.org (or its licensors) owns all legal right, title and interest in and to the Services, including any related intellectual property rights. Using the Services does not give you ownership of any intellectual property rights in the Services or any Content you access.
- Unless otherwise noted, all trademarks, service marks, and trade names (i.e., ConnectedLearningAlliance, all logos and the design descriptions used in the Services and other distinctive brand features) are trademarks or registered trademarks of ConnectedLearningAlliance.org or our licensors or affiliates. Nothing in the Terms gives you any rights to use any of our trademarks, service marks or trade names.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
- License From ConnectedLearningAlliance.org
- ConnectedLearningAlliance.org gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you through the Site as part of the Services as provided to you by ConnectedLearningAlliance.org (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ConnectedLearningAlliance.org, in the manner permitted by the Terms.
- You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not, and may not allow anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attmept to extract the source code of the Software, unless expressly permitted or required by law.
- Content License From You
- You retain copyright and any other rights you already hold in Content that you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give ConnectedLearningAlliance.org a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling ConnectedLearningAlliance.org to perform, display, distribute and promote the Services.
- You agree to license all Content you submit, post, or display (including but not limited to blog comments and bibliographic annotations) for public use under a Creative Commons Attribution 3.0 License.
- You understand that ConnectedLearningAlliance.org, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the above licenses shall permit ConnectedLearningAlliance.org to take these actions.
- You confirm and warrant to ConnectedLearningAlliance.org that you have all the rights, power and authority necessary to grant the above licenses.
- Ending Your Relationship with ConnectedLearningAlliance.org
- The Terms will continue to apply until terminated and will survive as provided below.
- If you want to terminate your relationship with ConnectedLearningAlliance.org, you may do so by ceasing to use the Services. Any use of the Services following such termination will result in your once again being subject to these Terms.
- ConnectedLearningAlliance.org may at any time, terminate its legal agreement with you if you have failed to comply with or have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms).
- The provisions of Sections2(C), 6, 8, 9, 10, 12, 13, 14, 16 and 17 will continue to survive indefinitely.
- Exclusion of Warranties
- NOTHING IN THESE TERMS, INCLUDING SECTION 13 BELOW, SHALL EXCLUDE OR LIMIT ConnectedLearningAlliance.org’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- IN PARTICULAR, ConnectedLearningAlliance.org, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; OR
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ConnectedLearningAlliance.org OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- ConnectedLearningAlliance.org FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability
- SUBJECT TO SECTION 12 (A) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ConnectedLearningAlliance.org, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH ConnectedLearningAlliance.org MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE ConnectedLearningAlliance.org WITH ACCURATE ACCOUNT INFORMATION; OR
- ANY FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- THE LIMITATIONS ON CONNECTEDLEARNINGALLIANCE.ORG’S LIABILITY TO YOU IN PARAGRAPH 13(A) ABOVE SHALL APPLY WHETHER OR NOT CONNECTEDLEARNINGALLIANCE.ORG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- SUBJECT TO SECTION 12 (A) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ConnectedLearningAlliance.org, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- You agree to defend, indemnify and hold harmless ConnectedLearningAlliance.org and its affiliates, and each of their respective representatives, officers, directors, employees, agents, licensors and suppliers from and against any and all liabilities, losses, claims, damages, costs and expenses including attorneys’ fees, that arise from or relate in any way to your use of the Site, Services or Software, your violations to these Terms, your violation of any third party rights, or any other claim of misuse of the Site, Services or Software.
- Copyright Policy
- It is ConnectedLearningAlliance.org’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of ConnectedLearningAlliance.org’s copyright policy can be found below.
- Other Content
- The Services may include hyperlinks to other web sites or content or resources. ConnectedLearningAlliance.org has no control over any web sites or resources which are provided by companies or persons other than ConnectedLearningAlliance.org.
- You acknowledge and agree that ConnectedLearningAlliance.org is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that ConnectedLearningAlliance.org is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Changes to the Terms
- ConnectedLearningAlliance.org may make changes to these Terms from time to time. When these changes are made, ConnectedLearningAlliance.org will make a new copy of the Terms available on this page.
- You understand and agree that if you use the Services after the date on which the Terms have changed, ConnectedLearningAlliance.org will treat your use as acceptance of the updated Terms.
- General Legal Terms
- You agree that ConnectedLearningAlliance.org may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if ConnectedLearningAlliance.org does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ConnectedLearningAlliance.org has the benefit of under any applicable law), this will not be taken to be a formal waiver of ConnectedLearningAlliance.org’s rights and that those rights or remedies will still be available to ConnectedLearningAlliance.org
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and your relationship with ConnectedLearningAlliance.org under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and ConnectedLearningAlliance.org agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ConnectedLearningAlliance.org shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Notification of Copyright infringement
If you are a copyright owner or an agent thereof and believe that any content hosted on this site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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 the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider (ConnectedLearningAlliance.org) to contact you, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement 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 (including but not limited to Section 107 of the Copyright Act); and
f. 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 owner of an exclusive right that is allegedly infringed.
ConnectedLearningAlliance.org’s designated Copyright Agent to receive notifications of claimed infringement can be contacted through this site’s Feedback Form.
In sending such a notice, you acknowledge that if you fail to comply with all of the requirements of this Copyright Policy, your DMCA notice may not be valid. You also acknowledge that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing in a DMCA notice may be subject to liability.
Counter-Notification/Notification of Non-Infringement
If you believe that material you have posted to ConnectedLearningAlliance.org was removed or had access to it disabled due to either a mistake or misrepresentation regarding its copyright status (e.g., a non-infringing use was mistakenly accused of infringement), you may send a counter-notification to ConnectedLearningAlliance.org Copyright Agent requesting that the material be reinstated. Such a notification must include:
a. Your physical or electronic signature;
b. 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;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content (e.g., the use was a fair use); and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
As per the DMCA, if a counter-notification is received by our Copyright Agent, ConnectedLearningAlliance.org may send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against ConnectedLearningAlliance.org or you and notifies us of such, ConnectedLearningAlliance.org will have the discretion to restore the contested content within 10 to 14 business days.