- Important Note Regarding Children.
- Generally. Our Site offers certain software and applications to schools and teachers for the benefit of the schools and their students. In providing such software and applications, we may collect personal information from users. To collect, use, or disclose personal information from or about children under 13 years of age (“Children”), we and you are required to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Please read this Section carefully as it explains, among other things, (a) a Child’s parent’s or guardian’s ability to limit the collection, use and disclosure of personal information collected from or about their Children; and (b) the role of the Child’s school (“School”) and teachers in this process.
- Schools and Teachers. You agree to use the Site solely for the benefit of your School and the teachers in your School, and not for commercial purposes. The Family Educational Rights and Privacy Act (“FERPA”) protects the privacy of student educational records and limits when a school may disclose a student’s educational records. You are solely responsible for compliance with FERPA and COPPA. Without limiting the generality of the foregoing, to the extent you are disclosing any student records to us (“Student Records”), you represent and warrant that you have obtained the appropriate consent from the parent of the student or from the student himself/herself if such student is 18 years old and older, if and as required under FERPA to make such disclosure and grant the following license. To the extent you are disclosing any Student Records to us, you grant to us a non-exclusive license to use Student Records of an end user solely for the limited purposes of (a) providing the Services, software, or content to the end user on the Site, and (b) to use anonymized Student Records to improve the Services, software and content on the Site and our other products and Services.
- Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
- User Content.
- License. By using or uploading your User Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide (a) license to us, during the term of your Account, to reproduce, distribute, display, prepare derivative works of, incorporate into other works, and otherwise use your User Content, internally to provide you the Site; and (b) perpetual license to us to reproduce, distribute, and display your User Content to Authorized Users. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Feedback. We will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. Thus, in the absence of a written agreement with us to the contrary, you agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
- Acceptable Use Policy. The following sets forth our “Acceptable Use Policy”:
- You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates 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; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
- If you use or upload personal information of your students to the Site, you agree to comply with your obligations under FERPA, COPPA and all other applicable laws.
- Third Party Sites; Other Users; Release.
- Third Party Sites. The Site may contain links to third-party Sites (“Third-Party Sites”). Such Third-Party Sites are not under our control. We are not responsible for the content or links in any Third-Party Sites. We provide these links to Third-Party Sites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You use all content of and links to Third-Party Sites at your own risk. When you leave the Site, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Other Users. Each Site user is solely responsible for any and all User Content that is posted by such user on the Site. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
- Release. You hereby release us, our affiliates, owners, subsidiaries, directors, officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Site users or Third-Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Copyright Policy. We respect the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for NPO is:
1194 Ocean Avenue
New London, CT 06320
- THE SITE (INCLUDING SITE CONTENT) AND ALL RELATED SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE (OR ANY SITE CONTENT) OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE VIRUS FREE, ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE MAKE NO WARRANTY REGARDING THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE, INCLUDING ANY OTHER PRODUCTS AND SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THE SITE OR SERVICES, MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE DATE THE FACTS GIVING RISE TO THE SUIT WERE KNOWN OR SHOULD HAVE BEEN KNOWN BY YOU, OR FOREVER BE BARRED.
- U.S. Export Controls. No software, content, or other materials may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law.
- Copyright/Trademark Information. Copyright © 2015, New Perspectives Online, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.