| Terms
of Use Policy For Classroom Connect's Online Products
Table of Contents
Terms of Use Policy for Classroom Connect's Online
Products
General Rules
Use Policies
Rights to the Site
End-User License
Rules of Conduct for Use of Our Message Boards and
Other Interactive Areas
E-Commerce Transactions
License to Use Our Site
Student Postings
Limitation of Liability and Warranties
Service Marks and Trademarks
Notice
Indemnification
Choice of Law
Complete Agreement, Modification, Severability
Payment
Termination of Service
Survival
Fair Use Guidelines
Guidelines for Professional Development Courses
Connected University Guidelines
Copyright Notice
We are glad you have decided to use the services
we offer on our Web site and hope you find them useful. For both your
protection and ours, we have established this Terms of Use document
that we expect all teachers, students, parents, administrators, and
other visitors, registered or otherwise, to follow while on our site.
Your continued use of our Site means that you acknowledge these Terms
of Use and agree to abide by them at all times. Because we reserve
the right to modify these Terms of Use at any time, please check them
regularly. We will notify you as described below if any material terms
should change. Please note that you will be referred to as "User"
from time to time in this Agreement.
GENERAL RULES
You agree and continue to agree to use our Web site (further referred
to as the “Site”) in a manner consistent with all applicable
laws and regulations and in accordance with the Terms of Use set out
in the policies and guidelines outlined below.
USE POLICIES
Access to the Site may be subject to any acceptable use policy posted
by Classroom Connect (further referred to as the “Company”)
on its Site at any time. The Company may at any time and in its sole
discretion cancel the license of any person or school which is determined
to have violated or permitted violations of any such acceptable use
policy. You hereby agree to abide by all applicable laws and regulations
with respect to your use of the Site, and not to interfere with the
use of the Site by any other authorized users. You agree that you
will not falsely state or otherwise misrepresent an affiliation with
the Company, the Site or any other entity or impersonate any person
or entity, including but not limited to, a Company employee or another
user of the Site. In addition, each school or school district that
purchases access to Classroom Connect for its Users is responsible
for its actions and the actions of its Users with respect to the Site.
RIGHTS TO THE SITE
The Company shall retain all worldwide rights, title, and interests
in and to the Site courses, the Web site, and materials, including
without limitation all modifications, enhancements, upgrades, new
versions created by any person (including you) with respect to any
of the foregoing; all patent rights, copyrights, and trade secret
rights embodying any of the foregoing; and all know-how, concepts,
inventions, and ideas related to the foregoing.
END-USER LICENSE
A fee must be paid to the Company by you or on your behalf in order
for you to access subscriber-only areas of this Site. Upon payment
of the fee, an activation code for your use of the Site is assigned
to you by the Company. Your access to the Site is limited to a specified
period of time for which you have purchased access (the "Term").
During the Term, subject to the terms and conditions herein, including
payment of the applicable fees, the Company hereby grants to you the
right to access the Site. The Company may at any time and in its sole
discretion cancel the license of any school that extends passwords
to individuals other than Authorized School Users.
The Company reserves the right to modify or temporarily
discontinue access to the Site with or without notice to you, your
school, your school district, or any other Site User. The Company
does not warrant the uninterrupted or error-free operation of the
Site.
RULES OF CONDUCT FOR USE OF OUR MESSAGE BOARDS AND OTHER INTERACTIVE
AREAS
We strive to provide the best user experience possible by ensuring
that our community fosters learning in a safe and respectful manner.
Classroom Connect’s online products provide an atmosphere of
trust in which users are encouraged to teach and learn from each other
while having fun. We encourage you to model positive community behavior
and to let us know when you feel that another user is not doing so.
In order to maintain our community standards, certain behaviors will
not be tolerated. By continuing to use our Site, you are agreeing
that you will not post any of the following material on any of our
Message Boards, or other interactive posting areas found on the Site:
- Advertising or any form
of commercial solicitation
- Material that personally identifies a child or a
student
- Material that is untrue, defames, abuses, harasses,
or threatens others
- Statements that are bigoted, hateful, mean spirited, or
ethnically or racially offensive
- Material that advocates illegal activity or discusses illegal
activities with the intent to commit them
- Unauthorized copyrighted material (including, but not limited
to, text, sound, or graphic files)
- Material that contains vulgar, obscene, pornographic, or
indecent language or images
- Statements or postings that violate the above terms or
that we believe in our sole and absolute discretion should not be
posted will either not be posted, will be edited prior to posting,
or will be removed from the Message Boards or other postings upon
discovery. Furthermore, such User will be responsible for all of
our damages arising from such posting. Depending on the nature and
extent of the violation, we may, at our sole discretion, terminate
such User’s account.
E-COMMERCE TRANSACTIONS
You may purchase certain products from us online. To protect your online
order information, Classroom Connect uses Secure Sockets Layer (SSL)
technology provided by VeriSign. This technology is the industry standard
for providing secure online transactions. Please see our Privacy Policy
for more information.
LICENSE TO USE OUR SITE
Classroom Connect, Inc. grants you a personal, non-exclusive, non-assignable,
and non-transferable license to use and display the services made available
on the Site on any machine(s) of which you and/or members of your class(es)
are the primary User(s). Except for items on the Site that registered
users are expressly authorized to copy or use in accordance with the
Fair Use Guidelines, or use of the Site specifically in classroom projects
where Classroom Connect is given attribution, or use of our logo(s)
to link back to our Site, unauthorized copying or duplication of the
services in any manner, including software that has been modified, merged,
or included with the services, or the written materials associated therewith
is expressly forbidden. You acknowledge that you may not sublicense,
transfer, sell, or assign this license or the services received thereunder.
Any attempt to sublicense, transfer, sell, or assign this license is
void. Unauthorized access to subscription areas of the Site by non-subscribed
Users is prohibited.
POSTING OF COPYRIGHTED AND/OR INDECENT MATERIALS
Any posting of the following is strictly forbidden:
1. Unauthorized copies of or links to any unauthorized use of copyrighted
photographs, drawings, graphics, text or other writings, computer programs
or other software, recordings, or designs; files containing advertisements
or solicitations aimed at persuading other members to use certain goods
or services; any material or links to material of a sexually explicit
nature, including photographs and text.
2. Copyrighted material, including without limitation, text, photographs,
sound, video, and music, may not be placed on the Site without the express
permission of the author or owner of the copyright on the material.
You acknowledge that only the owner or someone authorized by the owner
to post the material may do so. The downloading of copyrighted material
is allowed by you but only in accordance with the Fair Use Guidelines.
You acknowledge that Classroom Connect, Inc. and/or third-party content
providers remain the owners of the posted materials, and that you do
not acquire any of those ownership rights by downloading or posting
copyrighted materials. If you have questions about permissions issues,
please email us.
STUDENT POSTINGS
For some Classroom Connect products, we offer students the ability to
upload project files and discussion-oriented posts to message boards
and other interactive areas that are subject to these Terms of Use.
If you are a teacher or administrator supervising the use of a Classroom
Connect subscription that is shared by K-12 students, you hereby assume
general responsibility for appropriate use of the message boards and
other designated areas of the Site to which students may post. This
includes supervising students so that they refrain from posting copyrighted
materials without first obtaining permission of the copyright holder(s),and
do not post indecent materials. Classroom Connect pre-screens all intended
posts and discards any information it deems to be inappropriate or that
may divulge a student’s personal information prior to placing
it in an area of the site shared by other subscribers. Students may
not post any files directly to the Site.
LIMITATION OF LIABILITY AND WARRANTIES
YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE
AND THE SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT
LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS
OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES
OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS OR BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT CLASSROOM CONNECT, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CLASSROOM CONNECT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO THE USE OF OUR SITE OR PRODUCTS SHALL BE LIMITED TO
THE REPLACEMENT OF ANY PRODUCT FOUND TO BE DEFECTIVE OR RETURN OF YOUR
MONIES PAID. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH
US IS THE CANCELLATION OF YOUR REGISTRATION WITH US. NEITHER CLASSROOM
CONNECT, INC. NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL LOST PROFITS;
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICE; OR OUT OF ANY BREACH
OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT AND SERVICES ON THE SITE.
SERVICE MARKS AND TRADEMARKS
Classroom.com, Classroom Connect, Connected Educator, Connected Tech,
Connected University, Portal.classroom.com, eSchool® and Connected
Classroom Conferences are all service marks and/or trademarks of Classroom
Connect, Inc. Other trademarks appearing on the Site are trademarks
of their respective owners. Except as permitted in writing, you shall
not display, disparage, dilute, or taint our trademarks and service
marks or use any confusingly similar marks or use our marks in such
a way that would misrepresent who the proper owner of such marks is.
Any permitted use of our service marks or trademarks by you or your
classroom shall inure to the benefit of Classroom Connect.
NOTICE
We may give notice to you by means of a general notice on the site,
via electronic mail to your email address on record, or by written communication
sent by first class mail to the address you provide in your billing
information. You may give notice to us, and such notice shall be deemed
given when received by us at any time by any of the following:
1. Electronic mail to permissions@classroom.com.
2. Letter delivered by first class postage prepaid mail to Classroom
Connect, Inc. at the following address:
Classroom Connect, Inc.
Client Interaction
8000 Marina Blvd.
Suite 400
Brisbane, CA 94005
USA
INDEMNIFICATION
Upon our request, you agree to defend, indemnify and hold us harmless
from any dispute that may arise from your breach of these Terms of
Use. You agree to hold Classroom Connect and its affiliates, employees,
contractors, officers, directors, and/or content providers harmless
from any and all claims and expenses, including attorney's fees and
court costs, related to your violation of this Agreement, including
the Fair Use Guidelines or any information, software, files, messages,
or other content placed on our Site by you. We reserve the right,
at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you. In that event,
you shall have no further obligation to provide indemnification of
us in that matter.
CHOICE OF LAW
This Terms of Use agreement is governed by the laws of the State of
California, without regard to that State's choice of law provisions.
COMPLETE AGREEMENT, MODIFICATION, SEVERABILITY
This Terms of Use agreement is the entire agreement between you and
the Company with respect to the services provided hereunder and supersedes
any other communications or advertising, whether written or oral,
with respect thereto. This Terms of Use agreement may not be modified
or expanded except in a writing signed by an authorized representative
of the Company. If any provision of this Terms of Use agreement is
held invalid or unenforceable, the remainder shall continue in full
force and effect, provided that, if any limitation on the grant to
you of any right herein is held invalid or unenforceable, such right
shall immediately terminate.
PAYMENT
You agree to pay Company the applicable fee for the access provided
hereunder.
TERMINATION OF SERVICE
User may terminate this Agreement and User's right to use our Site
and services at any time by notification to us as set forth above.
We may terminate your account or access rights to the Site at any
time, without notice, for conduct that we believe violates this Agreement
or other policies or guidelines that we have posted on our Site.
SURVIVAL
The provisions Payment, Limitation of Liability and Warranties, and
Indemnification shall survive any termination or expiration of this
Use Agreement.
FAIR USE GUIDELINES
We spend much time and effort in supplying our Web site with creative,
original content. We hope you find it useful and educational. In order
to avoid any confusion regarding how the content found in our site
may be used, we have established the following Fair Use Guidelines
(further referred to as “Guidelines”). By using our site,
you agree to abide by the following Guidelines, which establish your
entire right with respect to the content found on our site. In addition
to the content on our site, we have organized and pre-researched some
Internet resources around key curriculum topics. Whenever you link
to one of these services from our site, a new browser window opens.
The content you find on many of these sites may also be proprietary
and subject to use restrictions. Be sure to contact the administrator
of each site with regards to the use of any information you find there.
If you are an educator, you further agree to discuss with your students
the reasons for copyright protection and the importance of following
these Guidelines. From time to time, we may modify the Guidelines,
and recommend that you check them regularly. In accordance with the
Terms of Use, we will notify you if any material terms should change.
WHAT CONTENT MAY BE USED
While utilizing the content on our site in any project in accordance
with these Guidelines, only limited portions of content found on our
site may be reproduced or otherwise used for the purposes expressly
set forth in these Guidelines:
Motion Media:
- 10 percent or three minutes, whichever is less, from
a single work may be used. Text:
- 10 percent or 100 words, whichever is less, from
a single work may be used.
- Poems of fewer than 250 words may be used in their
entirety, but no more than three poems by a single poet or no more
than 5 poems in total.
- In poems longer than 250 words, only 250 words may
be used, but no more than three excerpts by a single poet or more
than five excerpts in total may be used.
- Music, Lyrics, and Music Video:
- 10 percent or 30 seconds, whichever is less, from
an individual musical work may be used.
- Alterations may not change the basic melody or the
fundamental character of the work.
Illustrations and Photography:
- An entire image may be used, but no more than five
images by one artist may be, and no more than 10 percent or 15 of
the images in total, whichever is less.
HOW CONTENT MAY BE USED
By Students:
Students may include the permitted portion of any item in their own
multimedia projects for a specific course. Students may perform and
display the permitted portions in conjunction with their multimedia
projects for educational uses in the course for which they were created,
and may include them in their Portfolios for later use as examples of
their academic work. Text found on our site may be posted by students
within the designated student areas of our site without regard to this
portion limitation.
By Educators:
Educators (comprised of faculty, teachers, instructors, and others who
engage in scholarly research and instructional activities for nonprofit
educational institutions) may include the permitted portion of any item
in their own educational multimedia projects. Such projects must be
used as teaching tools in support of curriculum-based instructional
activities at nonprofit educational institutions for face-to-face instruction
and for assignment to their students for directed self-study. No more
than two copies may be made of any project, including a reserve copy.
Educators shall advise their students that they may not make their own
personal copies of any project. Each multimedia project may be used
by educators for teaching courses only for a period of up to two years
from the first instructional use of such project. Educators may also
perform or display their educational multimedia projects in presentations
to other educators, in forums, such as workshops or conferences, and
may retain such projects in their portfolios for later use as examples
of their professional work.
OTHER LIMITATIONS
These Guidelines apply only to students and educators, and do not confer
any right to any other person. Any use of password-protected areas is
restricted to subscribers only. Any use by any other person requires
the express permission of Classroom Connect. In order to comply with
these Guidelines, educators and students must credit the source of each
item from our site that is incorporated in their work with enough detail
to adequately identify the source of the work. In addition, a copyright
notice and copyright ownership information must prominently and conspicuously
accompany each item. The opening screen of each multimedia project prepared
in accordance with these Guidelines must state that certain materials
have been included with the permission of Classroom Connect, Inc. for
educational purposes, and no further use is allowed.
Multimedia projects prepared in accordance with these Guidelines may
not be distributed or disseminated in any electronic format (for example,
sent in emails or posted on the Internet).
Alterations to the permitted portions of materials may only be made
to support specific instructional objectives and if notice of the alteration
is included in the project.
REQUESTS FOR PERMISSION
These Guidelines set forth your entire right to copy and use materials
found on our site. Use within the scope of these Guidelines does not
require any further permission from Classroom Connect. Any other use,
such as, without limitation, the use of a project for commercial purposes,
or duplication or distribution beyond the limitations expressed in these
Guidelines, requires the prior written consent of Classroom Connect,
which may be granted or denied with our sole discretion. Our consent
may be requested by contacting permissions@classroom.com.
GUIDELINES FOR PROFESSIONAL DEVELOPMENT COURSES
Some Classroom Connect products for adult educators feature professional
development courses. The Terms outlined below do not supersede any
statements made in this Terms of Use statement, but rather serve as
a supplement to them. These “Guidelines for Professional Development
Courses” apply only to users of applicable Classroom Connect
products, including, but not limited to, Connected Educator, Portal.classroom.com,
eSchool and Connected University.
COURSE ENROLLMENT
For some of its products, such as Connected University, Classroom
Connect hosts open-enrollment classes on technology and teaching.
For these products, you may take as many courses as you desire during
the Term. For other Classroom Connect products, such as Connected
Educator, you are permitted to take the number of courses for which
you have paid or for which payment has been submitted on your behalf.
The course schedule will be set at the sole discretion of the Company.
The Company makes no guarantee of availability of any particular course.
USER INFORMATION AND EXTERNAL LINKS
You acknowledge that other users of professional development courses
may post letters and other information on the Classroom Connect Site.
The Company does not endorse and is not responsible for (i) any such
information posted by you or for any such information posted by any
other user of Classroom Connect or (ii) the conduct of any other users
in their use of Classroom Connect may include, and other users may
provide, links to other web sites or resources.
CONNECTED UNIVERSITY GUIDELINES
This section pertains only to users of Classroom Connect’s Connected
University product.
There are five types of course enrollment for Connected
University Courses.
1. You may enroll for designated courses for university graduate credits.
2. You may enroll for Continuing Education credit ("CEUs").
For graduate credits and CEUs, you must pay an additional fee. Such
fee may be paid by credit card. Enrollment for graduate credits or
CEUs is completely optional and at your discretion.
3. You may enroll in general registration. There is no additional
charge for such enrollment.
4. You may enroll solely to audit a course. There is no additional
charge for such enrollment.
5. You may enroll in a course as an independent study. Independent
study enrollees are treated as auditors for the duration of the course,
but submit a project at the end of the course, which is reviewed by
a course instructor. There is no additional charge for such enrollment.
Course registration is based on a first-come, first-served enrollment
basis. There is no limit on the number of persons who may audit a
course. However, Connected University does limit course enrollment
for those seeking graduate credits, CEUs, or general registration.
Connected University courses are three-, four-, or six-weeks long.
The schedule of courses is based on registration levels, capacities,
and availability of instructors.
ESCHOOL GUIDELINES
eSchool(R) Online courses are typically custom developed in collaboration
with educational publishers, school districts, or state Boards of
Education, who serve as course distributors and may own or co-own
the rights to the course content. Users of eSchool(R) Online programs
should contact their course provider for information on fair use guidelines
for a particular course.
COPYRIGHT NOTICE
COPYRIGHT © CLASSROOM CONNECT, INC.
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