EDUSMART USER AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THIS Edusmart (“Edusmart”) USER AGREEMENT (the "Agreement") CAREFULLY BEFORE USING Edusmart. BY USING OR ACCESSING Edusmart, YOU AGREE TO FOLLOW THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU CANNOT USE Edusmart.
ACCESS TO EDUSMART
Access to Edusmart requires the use of a username and a password. By using Edusmart, you are hereby agreeing to not allow other users to enter Edusmart using your password and log-in. You also agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the features, applications or elements of Edusmart, nor to attempt or assist another person in doing so. Your use of Edusmart is provided pursuant to a license from Edusmart to you. This license is not- exclusive and revocable. In the event that you violate this Agreement, Edusmart maintains the absolute right to terminate the license granted to you for the use of Edusmart.
PROHIBITED USES OF EDUSMART
Edusmart intends for Edusmart to create a community that supports teachers as they educate students. In the event that you use Edusmart for purposes that are not compatible with this goal, Edusmart can terminate your license to use Edusmart. You agree that you will not use Edusmart in any of the following prohibited ways:
- Sending or posting unsolicited commercial communication (aka "spam");
- Giving your login information to a third party or assisting an unauthorized user in accessing Edusmart;
- Using the LMS or Site to access computers, accounts or networks belonging to us or others without authorization; penetrating security measures (e.g. hacking); monitoring data without permission; interfering with any service provided by us; collecting personally identifiable information without express, knowing consent of the person identified (e.g. phishing, scamming, harvesting, spidering, etc.); using deceptive information to disguise the source of information; or distributing advertisement or other software including any software which cannot be easily removed using standard tools on major operating systems (such as the "add/remove" tool provided with Microsoft operating systems);
- Uploading or sending or otherwise knowingly distributing through the site any Internet viruses, worms, Trojan horses, denial of service attacks, or any other actions that have the effect of interfering with the normal operations of Edusmart or the Site;
- Posting content that is hateful, defaming, harassing, threatening, bullying, intimidating, pornographic, or that contains nudity or graphic or gratuitous violence;
- Using the LMS to do anything that is unlawful, misleading, malicious or discriminating, or that violates any local, state, or federal laws or regulations.
As part of your use of the Site, you may opt, at your own risk, to import and use student data in order to assign and track student usage of content. You hereby represent that, should you opt to import and use student data, you have the required authority and permission to upload and use any such student data. You further agree to abide by all FERPA rules, regulations and requirements when using, posting or otherwise making use of student data.
Edusmart is committed to protecting the security of the content on the Edusmart platform and employs reasonable security measures designed to protect such information from unauthorized access. Regardless of such efforts, no Site or data transmission over the Internet or another network including Edusmart and Edusmart’s services can be guaranteed to be 100% secure. Accordingly, we cannot and do not guarantee the security of any information you import and use on or through Edusmart or Edusmart’ services and any information you import is done entirely at your own risk; and, you are solely and entirely responsible for informing all end-users of such risk.
USE OF CONTENT
As part of your use of Edusmart, you may access Edusmart content as well as upload and access additional content owned by a third-party provider. Access to any of this content is provided pursuant to a license from the third-party provider from whom you are licensing the content. You hereby acknowledge that the license to each Edusmart product you use is a binding agreement between you and Edusmart. As part of your licensing of Edusmart, you or your institution has received an order confirmation from us. You hereby agree to be bound by the terms and conditions contained in the order confirmation. Specifically, you agree that the products and services provided by Edusmart will only be accessed by the number of schools set out in the order confirmation.
You also acknowledge that, if you are accessing third-party content from the third-party licensor of that third-party content (the “Third-Party Provider”), you are doing so pursuant to a license with such Third-party Provider and that Edusmart is acting as agent for the Third-Party Provider in providing any such third-party content to you. You also acknowledge that Edusmart is not a party to the license between you and the Third-Party Provider with respect to that third-party content. The Third-Party Provider of any third-party content is solely responsible for that third-party content, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that third-party content.
You hereby agree to abide by any terms and conditions set out in any license agreement entered into between you and Edusmart, or between you and any Third Party Provider. In addition to any requirements or restrictions contained in any such license agreements, you further hereby agree to use any licensed content, whether licensed by Edusmart or a Third-Party Provider and accessed by you via the Site, for appropriate and intended purposes. You specifically agree not to resell or otherwise improperly distribute such content. You also agree to not obscure or remove any proprietary rights notices or disclaimers contained in any content that you access via the Site. All content and materials obtained or accessed by you from the Site are provided and licensed (but not sold) to you under the terms of this Agreement, and any other applicable license agreements, and are protected by the US and other applicable copyright laws, and may not be further sold, licensed, leased, distributed, published, modified or copied without the prior written permission of the applicable copyright owner.
As described above, certain content, products, and services available via the Site may include materials from Third-Party Providers. Edusmart may provide links to third-party websites as a convenience to you. You agree that Edusmart is not responsible for examining or evaluating the content or its accuracy and Edusmart does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of Third-Party Providers. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Edusmart is not in any way responsible for any such use by you.
RIGHTS IN CONTENT
The Site contains content generated by other users of the Site and, should you choose to share content on the Site, by you ("User Content"). Each author of User Content (whether the content is written, audio, visual, or otherwise fixed in its expression) is the owner of that User Content. If you are accessing others' User Content, your rights in the User Content are only those rights that are granted under this Agreement. While you may be allowed to share User Content with others, you may not represent yourself as the source of the User Content unless you are the owner of such User Content. You may not share the information or User Content in a manner that will impair or harm the goodwill associated with our business and brands or the business or reputations of the other users providing User Content. If you share information and User Content on the Site with others, you must retain any proprietary notices that are included on it, such as trademark and copyright notices. Except as allowed in this Agreement, you may not distribute, publish, transmit, modify, create derivative works from, or in any way commercially exploit any other's User Content for any purpose, without permission of the owner of the User Content.
By submitting User Content to us, you warrant that the User Content does not violate any applicable laws (including intellectual property or defamation laws). You can control how we share your User Content through the "sharing settings" administered on the Site.
- When you elect to share your User Content, you hereby provide us with a non- exclusive, worldwide, irrevocable, royalty-free license to copy, modify, distribute, publicly perform and publicly display the User Content.
- While we do not act as editors or publishers of User Content, we may need to access, monitor, amend, edit, disable access to or permanently delete User Content in order to maintain our system, comply with regulations or make additional services available to you. Therefore, we may take these actions at our sole discretion, and we are not required to notify you of such activities.
- You may stop sharing your User Content by changing the sharing settings of your User Content
- We may require that you delete and cease using User Content that we determine was provided to you erroneously or in violation of another party's rights. You agree to abide by our instructions regarding the use and maintenance of User Content.
- You may also share your comments or feedback to us as User Content. We appreciate your feedback and suggestions about Edusmart and the Site, and you understand and agree that we may use your feedback, comments and ideas without any obligation or promise to compensate you.
- You are allowed and encouraged to rate and comment on the content others share, which can help you and others identify the best resources to use with students and to help you improve your shared content. You understand and agree that others may use your feedback, comments and ideas without any obligation or promise to compensate you.
If the User Content contains your name, picture, likeness, or other personally identifiable information, you hereby release us and our officers, directors, employees and agents from any claim related to the use of your name, picture, likeness, biographical information, voice or statements, including, for example, any claim based on defamation, right of publicity or invasion of privacy, and likewise release our customers, other users, affiliates and contractors, and their respective officers, directors, members, managers, employees and agents from any claim related to the use of your name, picture, likeness, biographical information, voice or statements.
OTHERS USE OF YOUR USER CONTENT
By submitting your User Content to the Site, you thereby grant other users of Edusmart non-exclusive, worldwide, irrevocable, royalty-free license to copy, modify, distribute, publicly perform and publicly display the User Content to the limited extent that such license is necessary to integrate a variety of content (including User Content) into their classroom instruction, including creating curriculums, assignments, grade books, reports, and other classroom tools.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") COMPLIANCE
We will remove or block content upon receipt of a proper notice under the DMCA. It is also our policy to terminate the privileges of users who commit repeated violations of copyright laws. If you are a copyright owner or an authorized representative of a copyright owner, you may report alleged infringements of your works by sending a DMCA-compliance notice to us at firstname.lastname@example.org. For the most recent information on what constitutes a DMCA-compliant request, see 17 USC §512(c)(3).
If you breach this Agreement, then we may terminate your right to use the Site, including access to Edusmart. We are not required to provide you notice of this termination, even if we have notified you of other events in the past. Upon termination you are no longer authorized to access or use the Site or Edusmart, but our proprietary rights, the disclaimers, and the limitations of liability set forth in this Agreement will survive any such termination.
The Site may contain links and pointers to Internet sites maintained by third parties. We do not operate or control these web sites or any of the information, products, or services provided at such third party web sites. Third-party links are included solely for your convenience and do not constitute an endorsement by us or affiliation with us. You assume sole responsibility for use of third-party links, and the disclaimer and limitation of liability provisions set forth in this Agreement are applicable for your use at such third party sites. We do not monitor or approve the privacy or security practices of such sites; you access and use them at your own risk.
We strive to provide a secure and reliable website. However, we cannot control every aspect of the Internet which impacts the Site and offer no guarantees regarding the Site or Edusmart. We must, therefore, inform you that:
OUR WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SITE, OR THE RESULTS OBTAINED FROM ACCESSING OR USING OUR WEBSITE. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS OF USE OF OUR WEBSITE.
LIMITATION OF LIABILITY
In no event will Edusmart be liable for any special, incidental, or consequential damages, however, caused, whether for breach of warranty, contract, or tort (including negligence, strict liability or otherwise), even if we have been advised of the possibility of such damages. In no event shall Edusmart be liable for any direct property damages in excess of three times the amounts paid to Edusmart by you during the previous twelve (12) month period by you, even if advised or aware of the possibility of such damages and even if a party asserts or establishes a failure of the essential purpose of any limited remedy provided in the agreement.
You agree to indemnify and hold harmless Edusmart from and against any and all claims, suits, actions, damages, or causes of action arising out of your negligent acts arising out of or in connection with the provisions of this Agreement.
Edusmart agrees to indemnify, hold harmless and defend you from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent and malicious acts of Edusmart arising out of or in connection with the provisions of this agreement.
Edusmart may modify the content of the Site from time to time without notice to you. Your continued use of the Site after such modifications are posted indicates your acceptance of such modifications. If you do not wish to accept these terms and conditions or any modifications, your sole and exclusive remedy are to cease using the Site.
The rights and liabilities of the parties arising out of or relating to this Agreement will be governed by the laws of the State of Texas. Any litigation or other dispute resolution will be conducted exclusively in state or federal courts in Travis County. You consent to the exclusive personal jurisdiction and venue of such courts.
This is the entire agreement between us and you with respect to the Site. No waiver of any violation or nonperformance of this Agreement in one instance shall be deemed to be a waiver of any subsequent violation or nonperformance. Any modifications or waivers to this Agreement must be in writing and signed by us and you. If any portion of this Agreement is found to be unenforceable, the remaining provisions will be enforced to the full extent permitted by law.