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BIE TERMS OF USE
Effective: January 31, 2019
I. Introduction
This is an Agreement between you and the Buck Institute for Education (hereinafter, “BIE”, “us”, “we”, or “our”), and it outlines important terms that you will agree to as a result of your using websites located at: bie.org; pblworks.org; and/or my.pblworks.org (hereinafter collectively referred to in the singular as “the Site”).
When you visit our Site or create an account to access PBLWorks.org (“PBLWorks”), you will have access to certain resources and services, including, but not limited to, the creation of educational projects or plans using BIE supplied modules or content, access to online educational sessions, the option to participate in online interactions, share educational projects or educational plans with a community of users, and in some instances, obtain educational credit (hereinafter, collectively the “Services”).
In addition to your agreement to be bound by these Terms of Use, you will also agree to be bound by BIE’s corresponding Privacy Policy and Cookie Policy the terms of which are incorporated by reference.
Please read the rules contained in this Agreement carefully. By visiting the Site, and/or downloading, using or registering to use our Services, you agree to comply with these rules.
II. Changes to the Agreement
We will make changes to this Agreement from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty days after notification for current users. Any use of the Site, resources or Services after the 30-day notice period constitutes your acceptance of any change. Unless explicitly stated otherwise, any new features that augment the current Services, including the release of new Services, shall be subject to this Agreement.
III. Account Registration and Fees
The Site allows for the creation of accounts (known as “User Accounts”). The creation of a User Account will allow you to access different services and features on the Site. Access to some services and features require payment of an annual subscription fee, which is non-refundable.
In order to create a User Account, you must provide certain Personal Information as defined in the Privacy Policy portion of this Agreement. All Personal Information will be subject to the terms of our Privacy Policy.
You agree and represent that all Personal Information provided by you at the time of registration is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account. If you provide any Personal Information that is untrue or inaccurate, not current, or incomplete, or if BIE suspects that your Personal Information is untrue, inaccurate, or incomplete, then BIE may, in its sole discretion, suspend, terminate, or refuse future access to the Services or your User Account.
If any of your User Account information changes or if you have reason to believe that your User Account is no longer secure, you must update your account by using the appropriate update mechanism on the Site, if available. BIE is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify BIE immediately. You are responsible and liable for any conduct on the Site under your User Account.
Only the individual assigned to the User Account is permitted to use the password protected Services within BIE. If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to the Services we reserve the right to terminate access to the Services or your User Account.
C. Inactive Accounts
Upon non-payment of subscription fees when due, your User Account will be downgraded to an account that does not have access to any of the paid portions of the Site or Services.
In the event that a user fails to renew its annual subscription payment and the User Account is downgraded, BIE will preserve the User Generated Content associated with that User Account for either a commercially reasonable time or a period of three years (at its option) during which time the user will be able to access the content for review and download. There is no guarantee that BIE owned content will remain the same or will be preserved as the BIE content appeared at the time that an account has been downgraded.
IV. Intellectual Property Ownership
BIE owns, or is the licensee to, all right, title and interest in and to the Site and all BIE created materials and BIE created content associated with the Services or its products, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.
The trademarks appearing on the Site are owned by BIE or are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.
By utilizing the Services or visiting the Site you agree that you will not violate any of BIE’s intellectual property rights. You will not create any works that incorporate any BIE forms, modules, rubrics, and/or online planners, except as expressly permitted in Section V of these Terms of Use or as outlined on the Site. You may use material from this Site only for your own personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You will not copy, modify, adapt, translate, publish, reproduce decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter BIE’s copyright notice or any copyright notice fixed by a third party content owner, trademarks or other proprietary rights notices that may be affixed to or contained within the Site.
A. Third Party Video Content
While much of the video content on the Site is created and owned by BIE, some third party video content is used and displayed on the Site under license to BIE. If you see a video on our site, don’t assume that our limited license to you as outlined in Section VI will apply. To the extent possible, all third party content has been identified as such.
B. Creative Commons Licenses
Select material on the Site is designated with a specific Creative Commons License and you may use that material as provided in the applicable Creative Commons License. Learn more about the different types of licenses, license deeds and license code by visiting http://creativecommons.org/licenses/. For any work not designated as free to use under a creative commons license, contact BIE as outlined in Section XXI to seek written permission to use such works.
V. BIE Project Forms and Rubrics and User Generated Content
As part of the Services, BIE will provide the user with access to various project forms, modules, rubrics, and/or online planners created and owned by BIE (“BIE Project Forms and Rubrics”). Users may download and use these BIE Project Forms and Rubrics “as is” for their own personal use OR users may: (i) create certain desired changes to tailor his or her own project to his or her own needs using BIE’s Project Forms and Rubrics; or (ii) create their own projects using the Project Forms and Rubrics as only a guide for their own personal use.
A. User Generated Content
The BIE Project Forms and Rubrics contain blanks or spaces that a user can “fill in” with their own content. The content that a user “fills in” or otherwise adds to the BIE Project Forms and Rubrics shall be considered “User Generated Content.” BIE will not claim ownership to such User Generated Content.
You represent and warrant that you own or have a license, right or other type of permission to use and exploit such User Generated Content in all manner contemplated herein. You agree to indemnify and hold BIE, and its affiliates and assigns harmless from any demands, loss, liability, claims or expenses, and attorney’s fees made against us by any third party arising out of or in connection with your User Generated Content.
B. Permitted Uses of User Projects
Once a user creates a project, he or she may either: (i) save and use these projects within PBLWorks; (ii) share their projects or plans saved within PBLWorks with other users; or (iii) download his or her own project to their own personal computers or other desired location for his or her own personal use.
a. Sharing Projects Within PBLWorks
BIE encourages users to create and share their projects and to engage with the community of other users of its Services. Users will also be allowed to display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material with each other within PBLWorks and with BIE about the shared projects or plans.
b. Downloading Projects and BIE Project Forms and Rubrics
PBLWorks allows users to download the projects that he or she creates onto his or her own computer or other similar location for their own personal use. If the downloaded projects include BIE Project Forms and Rubrics or if the user’s projects were created using the BIE Project Forms and Rubrics as a guide, the user may NOT sell or otherwise use the downloaded project for any commercial purpose.
VI. Grant of Limited Licenses
Subject to your compliance with this Agreement, BIE grants you a non-exclusive, non-transferrable, royalty-free, revocable, world-wide limited license, subject to certain limitations outlined herein, to use the Project Forms and to access and use the Site and Services using a Web browser.
The User hereby grants to BIE, a non-exclusive, royalty-free, irrevocable, world-wide license in and to your User Generated Content. Such license of your User Generated Content will allow BIE to use, reproduce, transmit, copy, exhibit, display, print, publish, and otherwise use the User Generated Content.
VII. Site Availability and Updates
While BIE strives to ensure that the Site and the Services are available as close to 99% of the time as possible, it cannot guarantee that the Site and the Services will be available for use at any given time.
BIE acknowledges that it may need to perform maintenance activities for the Site and the Services as may be necessary or appropriate from time to time, including bug fixes, software updates, feature updates, and the addition of new BIE forms, modules, and rubrics. In most instances, there will be no interruption to the functionality of the Site or Services.
If BIE reasonably determines that maintenance activities will require an unavailability or outage of the Services or the Site for an excess of 3 days, BIE will provide a notice of scheduled downtime on the Site at least one week before the scheduled outage.
BIE will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours. In the event that the Site or the Services are unavailable due to technical reasons, force majeure, or for scheduled maintenance or downtime, BIE shall use commercially reasonable efforts to ensure that such downtime will be as minimal as possible.
VIII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", BIE AND ITS AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. BIE AND ITS AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE. BIE ITS AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE BIE ITS AFFILIATES AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.
IX. INDEMNIFICATION
YOU WILL INDEMNIFY AND HOLD HARMLESS BIE, ITS AFFILIATES AND ASSIGNS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES, FROM ANY CLAIM MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THIS SITE AND SERVICES, ANY ALLEGED VIOLATION OF THE TERMS OF USE, AND ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. BIE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, BUT DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
X. Rules of Usage
You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Site or the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent.
You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, solicitation of sex).
User Generated Content does not reflect the views of BIE. BIE does not have any obligation whatsoever to monitor, edit, or review any User Generated Content on the Site. BIE will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
XI. Use by Minors and Children Under 13 Prohibited
The Site and the Services are directed to adults. They are not directed to minors or children under the age of 13. We comply with the Children's Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the Site, such as during the registration process.
XII. FERPA
BIE complies with the Family Educational Rights and Privacy Act of 1974 (FERPA), which is a federal law that protects the privacy of student education records. While users are free to upload student programs or projects as part of their own User Generated Content, it is solely the user’s responsibility to ensure that there is no personally identifiable information about any student contained therein.
IN THE EVENT THAT YOU UPLOAD ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BIE, AS WELL AS ITS AFFILIATES AND ASSIGNS, FROM ANY CLAIM ARISING OUT OF THE UPLOADING OF ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS.
In the event that there is personal information about a student included as part of any User Generated Content, BIE reserves the right to remove the content immediately and without notice to the user.
In the event that you notice the inclusion of any personal information that you believe may be that of a student under the age of 18 and in violation of FERPA, we ask that you notify BIE by sending a description of where the personal information is located on the site to the email provided in Section IX below.
XIII. Third Party Web sites
As part of the offered Services, you will be able to access third party Sites, which provide their own services and content. We do not control those third-party services and content.
XIV. Purchases
You may also elect to purchase items from third party Web sites accessed through the Site. At no time does BIE act as an agent for such a sale. BIE does not and will not process or retain any of your credit card information associated with any purchase from a third party Site. Transactions for the sales of any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of BIE or its third party service providers. You agree that BIE is not responsible, and shall have no liability to you, with respect to merchandise or products, featured or mentioned on the Site. BIE does not warrant any of the merchandise or products featured or mentioned on the Site.
XV. Coursework with Universities or other Academic Institutions
While the coursework of any courses you are enrolled in will be available through the Site, the terms and conditions of any academic credit offered are governed by a separate third-party university and all terms of use associated with the website for that particular university or other academic institution, as well as all intellectual property ownership rules and guidelines for that university or other academic institution shall apply.
XVI. Notice of Infringement Claims
BIE respects the intellectual property of others, and we ask our users to do the same. BIE has designated an agent to receive Notices of Infringement with the U.S. Copyright Office in conformity with the Digital Millennium Copyright Act (“DMCA”). That agent’s contact information is reproduced below. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact BIE as outlined below with the following information in a written notice in writing or electronically:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
3. Your address, telephone number and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Please direct the information to:
Buck Institute for Education Attn: Privacy Policy 3 Hamilton Landing Suite 220 Novato, CA 94949
Email: notices@pblworks.org
XVII. Suspension of Access to the Site
BIE has the right to terminate and/or suspend your ability to access the Site the Services for any or no reason, without notice.
XVIII. Arbitration
You agree to arbitrate all Disputes between you and BIE, its affiliates and assigns, except disputes relating to BIE’s intellectual property rights. The term, “Disputes”, means any action or other controversy between you and BIE concerning the Services or this Agreement, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a Dispute, you much send written notice detailing the Dispute to BIE at the below address to determine whether the Dispute can be resolved immediately. If the Dispute cannot be resolved, you and BIE shall settle the Dispute by binding arbitration before a neutral arbitrator in San Francisco, California whose decision will be binding except for a limited right of appeal under the U.S. Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Each party shall bear its own costs.
XIX. Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
XX. Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.
XXI. Contact BIE
Please direct any inquiries or complaints as outlined in this Agreement to the below address:
If you do not agree to the above terms and conditions, you are forbidden from utilizing the Site or registering for the Services.
