Terms of Service - Smarter Balanced Digital Library
Welcome to The Regents of the University of California’s (“The Regents”) Smarter
Balanced at UCLA ("Smarter Balanced," “us,” or “we”) Digital Library website (the
legal contract regarding your use of the Site between us and you, either as an
individual subscriber, member, or user of at least 18 years of age, or as an individual
acting on behalf of a Smarter Balanced member or other authorized user ("you" or
PLEASE READ CAREFULLY THE TERMS OF SERVICE. BY REGISTERING FOR,
ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT
YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE
MODIFICATIONS MADE BY US (COLLECTIVELY, THE "TERMS"). IF YOU ARE
REGISTERING FOR THE SITE ON BEHALF OF A SMARTER BALANCED
MEMBER OR OTHER ENTITY THAT HAS AN ACTIVE AGREEMENT WITH UCLA
TO PROVIDE ACCESS TO THE DIGITAL LIBRARY (AN “ENTITY”), YOU
REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE
ENTITY, AND ACKNOWLEDGE AND AGREE THAT YOU ARE BINDING THE
ENTITY TO THESE TERMS.
THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE
OF 18 OR TO ANY USERS WE HAVE PREVIOUSLY SUSPENDED OR REMOVED
FROM THE SITE. By clicking the "I Agree" button or by otherwise using the Site, you
represent that you are at least 18 years of age and have not been previously
suspended or removed from the Site.
Your privacy is important to us. Please read this Policy
carefully for information relating to our collection, use, and disclosure of your
(a) REGISTRATION. In order to use the Site, you must first be authorized by an
Entity. If your email address changes, you may need to create a new account and
may lose access to any history associated the account (e.g. conversations, usage
logs, notifications etc.). Depending on the type of change, a systems administrator
may be able to transfer your profile and history information. We are the sole owner of
the contact and usage information collected on the Site. We collect personally
identifiable information from our users at several different points on the Site.
(b) LOG FILES. As is true of most websites, we gather certain information
automatically and store it in log files. This information includes internet protocol (IP)
addresses, browser type, internet service provider (ISP), referring/exit pages,
operating system, date/time stamp, and clickstream data.
(c) PROFILE. We store information that we collect through registration and the
contributions you make to the community to create a 'profile' of your preferences and
activities to serve the community and to enforce IP and use policies. All contributions
you make on the Site are linked to your user profile and login/screen name. If you
have shared your profile, any member of the Site can view your profile and the
information stored there (except your password) and all of your published contributions (but not your unpublished contributions). There is a minimum amount of required information on your profile that will be seen by other users of the Site. You may elect to add and make available to other users of the Site additional personal information. All members can see your published contributions and that your screen name is associated with the contribution. While we may make available certain privacy settings for your profile, we cannot guarantee that any information that you provide to us in your profile will not be accessible by third parties, such as by unauthorized third party access.
(e) OUR COMMITMENT TO CHILDREN’S PRIVACY. We do not knowingly collect or maintain personally identifiable information on the Site from persons under 13 years-of-age. If we learn that personally-identifiable information of persons less than 13-years-of-age has been collected on the Site without verifiable parental consent, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a Site account, then you may alert us and request that we delete that child’s personal information from our systems.
(f) NOTICES. We will provide you with notices as needed to provide you with use of the Site. These notifications will include service-related announcements, posting of workflow resource status changes, interactions with collaboration tools, and interactions with resource reviews/ratings. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these notices.
(g) PERSONALLY IDENTIFIABLE INFORMATION. We do not share personally identifiable information with third parties as long as you keep your user profile private, and we do not rent, sell, or share personal information about you collected in connection with your use of the Site, except as otherwise specified. However, the Entity that authorized your use of the Site may authorize access to all of your activities on the Site including, but not limited to, conversations, log in date stamps, and all associated usage information. You should therefore treat this as a public site and assume that the Entity will have access to any information you provide on the Site. We may share your personally identifiable information with companies that provide services to us in connection with developing, operating and maintaining the Site,
(i) SOCIAL NETWORKING. The Digital Library is a service dedicated to supporting learning communities. We provide many on-line tools for users to contribute and participate in the community. We provide users the ability to contribute and share content, and to discuss submitted materials as well as educational and assessment issues. You should be aware that any personally identifiable information you submit can be read, collected, or used by other users of the Site, and could be used to send you unsolicited messages.
We are not responsible for the personally identifiable information you choose to submit, share in your profile, and share in the resources you contribute or otherwise disclose on the Site.
(j) SECURITY. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Because no method of transmission over the Internet, or method of electronic storage, is 100% secure, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can email us.
(k) BUSINESS TRANSITIONS. In the event we go through a business transition, your personally identifiable information may be among the assets transferred. You will be notified via notice on the Site before such transition occurs.
(l) LEGAL DISCLAIMER. We reserve the right to disclose your personally identifiable information as required by law or when we believe that disclosure is necessary to protect our rights. If your personally identifiable information changes, or if you no longer desire access to the Digital Library, you may contact the Entity that authorized your use of the Site. We reserve the right to amend or modify our Policy at any time.
(m) CONTACT US. If you have any questions, please contact the help desk assigned by the Entity.
3. MODIFICATION OF THESE TERMS.
We reserve the right to change, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. Whenever the Terms change, the Site will prompt you on subsequent login to agree to the new version prior to allowing continued use of the Site.
4. SOFTWARE AND CONTENT DOWNLOADS.
We and our licensors may make certain software and other content available to you for download (for a fee or otherwise) from the Site. All such software or other content that you download shall be subject to the terms and conditions included with such software or content at the time of download and thereafter.
5. CONTRIBUTIONS LICENSE GRANT; REPRESENTATIONS AND WARRANTIES.
5.1 Contributions Generally.
We permit the posting, by you and other users, of notes, written works, images and videos or other communications, including, but not limited to, files, documents, and applications (collectively, "Contributions") and the hosting, sharing, and/or publishing of such Contributions. You understand that whether or not such Contributions are published, we do not guarantee any confidentiality with respect to the Contributions.
5.2 License Grant to Us.
By submitting contributions through the Site, you hereby grant to us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your Contributions, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), in order for us to provide the services offered on the Site, and for commercial purposes, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You acknowledge and agree that we may make minor edits:
(a) to your Contribution if we become aware of spelling or grammatical errors within such Contribution; and
(b) to the description you provide of your Contribution in order to improve the search functionality associated with the Contributions on the Site.
5.3 Contributions Representations and Warranties.
You are solely responsible for your Contributions and the consequences of posting or publishing them. By uploading and publishing your Contributions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and our other Users to use and distribute your Contributions as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by Smarter Balanced and these Terms; (2) your Contributions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or
(b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your Contributions do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THIS PROVISION MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. WE RESERVE ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THIS PROVISION.
6. INTELLECTUAL PROPERTY.
(a) UCLA®, UCLA Bruins®, University of California Los Angeles®, Smarter Balanced, and all related trademarks, logos and icons are the property of The Regents. They may not be used without specific written permission as outlined in UCLA Policy 110 at http://www.adminpolicies.ucla.edu/pdf/110.pdf
(b) We comply with the provisions of the Digital Millennium Copyright Act. If you have a concern about the use of copyrighted material on the Site, please contact us at http://www.ucla.edu/terms-of-use/dmca
. We may terminate without notice your access to the Site if we determine you violated the acceptable use policies referenced in these Terms.
We encourage use of the Site as a way to share information and knowledge in support of our three-part mission of education, research, and public service. The Site is owned by The Regents and operated by UCLA. Site content is subject to change without notice. Certain Site services and information may be restricted to specific users or segments of the UCLA population. Consistent with our policies and regulations, we uphold the principles of academic freedom and shared governance, freedom of speech, and privacy in the use of electronic resources by our faculty, students, and staff. The Site contains
content generated by groups or individuals whose expressed views do not necessarily represent our views. We do not actively monitor or control web content. However, when we receive a notification of an alleged violation of law or policy, we investigate and address violations accordingly. Contact firstname.lastname@example.org.
8. PROHIBITED CONDUCT.
BY USING THE SITE YOU AGREE NOT TO:
use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Site as such services are offered by Smarter Balanced;
use the Site or Contributions for any commercial use, it being understood that such use requires a separate agreement with Smarter Balanced. Otherwise, it is understood that the Site is for personal, non-commercial use only. With respect to the Site and Contributions, "non-commercial" use means any use of Contributions or the Site that is not intended to generate, directly or indirectly, pecuniary gain or commercial advantage. Without limiting the definition of "non-commercial" herein, the following are types of uses that Smarter Balanced expressly defines as falling outside of the definition of "non-commercial:”
(a) the sale of access to the Site of any Contribution, including without limitation the sale of access to Contributions embedded, "framed," or Deep Linked on or from third party websites, products and services unless such links serve to increase access for educators covered under an agreement with UCLA for access to the Digital Library;
(b) the sale of access to educational materials or curricula that include or incorporate any Contribution;
(c) the sale of access to products or services that contain links to the Site or any Contribution;
(d) the provision of training, support, or editorial services that use or reference the Contributions or any other Smarter Balanced resources or services in exchange for a fee; and
(e) the offering of units of study that include Contributions or any portion of the Site in exchange for a fee (including, but not limited to, courses offered online to students in any grade).
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 11, below);
8.4 post, upload, or distribute any Contributions or other content that is unlawful or that a
reasonable person could deem to be pornographic, harassing, threatening, vulgar, hateful, or
racially or ethnically offensive;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights on the Site or Contributions;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or Contributions, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or
modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means.
9. ACCOUNT; MEMBERSHIP FEES.
In order to upload Contributions and access other features of the Site, you must be registered for an account by a Smarter Balanced member or other participating institution.
9.2 Account Security.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Smarter Balanced on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number,
if applicable), then you agree immediately to implement applicable policies in the Entity that granted access to the site as well as notify Smarter Balanced. You may be liable for the losses incurred by Smarter Balanced or others due to any unauthorized use of the Site.
10. TERMINATION; TERMS OF SERVICE VIOLATIONS.
You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with us or your use of the Site and remove and discard all or any part of your account, User profile, and any Contribution, at any time. We may also in our sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have, or portion thereof, may be effected without prior notice, and you agree that we will not be liable to you or any
third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. As discussed herein, we do not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all Contributions or other content submitted by any Users who we believe have violated these Terms.
Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) these Terms, (iii) any of our policies or practices in operating the Site, or (iv) any content transmitted through the Site, is to terminate these Terms and your account. You may request that your Smarter Balanced member or other participating institution terminate these Terms at any time by deleting your account and discontinuing use of any and all parts of the Site.
11. OWNERSHIP; PROPRIETARY RIGHTS.
The Site is owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by us (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any
Contributions that are provided and owned by our licensors, all Materials are our property. All trademarks, service marks, and trade names are proprietary to us or our affiliates and/or third-party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in these Terms.
You agree to indemnify and hold us, harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. DISCLAIMER; NO WARRANTIES.
13.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
13.2 "As Is" and "As Available" and "With All Faults".
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTRIBUTIONS, REFERENCED SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE DO NOT WARRANT THAT THE DATA, CONTRIBUTIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE ACCURATE, FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14. LIMITATION OF LIABILITY AND DAMAGES.
14.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Limitation of Damages.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS.
We may provide you with notices, including those regarding changes to these Terms, by posting such changes on the Site.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
15.3 Governing Law and Venue.
(a) Governing Law. These Terms will be governed by and construed in accordance with California law, without giving effect to any principles of conflicts of law.
(b) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state court in and for Los Angeles County. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to sections 5 through 14.
15.7 Entire Agreement.
These Terms constitute the entire agreement between you and us relating to the subject matter herein and will not be modified except as set forth in Section 3 above.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.