Terms of Service
Updated January 1, 2019
Terms of Service
Described below are our terms of service that you need to agree to before you use our software platform and related offerings. This includes any modules of our Enterprise Platform (Unit Planner, Learning Path Builder, or PLUS Learning Paths) or related components of our software platform, digital content, and any other website, products, services and applications made available through our platform and ecosystem of connected educators. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@Eduplanet21.com.
These Terms of Service (the “Terms”) are a binding contract between you and Eduplanet21, LLC. You must agree and accept all of the Terms, and using the Services in any way means that you agree to all of these Terms. These terms will remain in effect while you use the Services.
Our Services are constantly changing, which means these Terms might change as needed. If they do change, we will do our best to notify you in advance. However in certain situations we may not be able to give you advance notice. If you don’t like the new Terms, you are free to reject them – but you will no longer have access to the Services. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms. Except for changes by us as described here, no other amendments, or modifications to these Terms will be effective unless in writing and agreed to electronically or in writing by both you and us.
To enter Eduplanet21, you have to sign up for an account using a valid email address, and create a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You can’t select for your Eduplanet21 User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. If you are affiliated with a school or school district, or partner organization who has an Institute with Eduplanet21 your access and username may be provided to us from that organization and the same rules apply. You may not transfer your account to anyone else without our prior written permission. If you are part of a school, school district or an Eduplanet21 partner organization you may be given access codes or membership links to access specific offerings, features or services – or you may be restricted to specific offerings, features, or services based in the administrators of the school, school district, or Eduplanet21 partner organization.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school or district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
You promise to only use the Services for your personal educational use, in a manner that complies with all laws that apply to you, and in a manner in accordance with your current organizations contracted agreement with Eduplanet21. If your use of the Services is prohibited by applicable laws or outside the scope of your organizations contracted agreement with Eduplanet21, then you aren’t authorized to use the Services. We can’t and won’t be liable or responsible for you using the Services in a way that breaks your organizations contracted agreement with Eduplanet21, or any applicable laws.
Also, your use of the Services is subject to our Acceptable Use Policy. Please read our Acceptable Use Policy carefully, and be a good digital citizen at all times. A violation of the Acceptable Use Policy will be grounds for termination of your right to use or access the Services.
Digital Content and Learning Paths
The materials displayed or performed in our software platform (including, but not limited to, text, graphics, articles, videos, photos, images, illustrations, User Submissions (defined below), and so forth) – i.e. the “Content” are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access or upload into our software platform, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Eduplanet21’s) rights. For example, if someone shares something with you, that doesn’t mean you can print it out and start distributing it to other people – unless the owner specifically told you in writing that you could.
You understand that Eduplanet21 also develops, owns, and publishes its own digital content through Learning Paths, e-libraries, Units, Lessons, and other software features. You agree that you cannot modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services without their permission, or as per your organizations contracted agreement with Eduplanet21. Derivative works are only allowed when you belong to an organization that has purchased the rights and administrative tools to do so.
For all User Submissions, you hereby grant Eduplanet21 a license to translate, modify (for technical purposes, for example making sure your content is viewable on any mobile device as well as your computer and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Eduplanet21 account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Eduplanet21 the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of displaying that Personal User Submission to you and providing you the Services necessary to do so.
If you share a User Submission only within a Limited Access Group, or otherwise in a manner that only certain specified users can view (for example, a private message or resource within one of our Learning Path Communities) then you grant Eduplanet21 the license above, as well as a license to display, perform, and distribute your Limited Access User Submission for the sole purpose of displaying that Limited Access User Submission to other members of that Limited Access Group (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of that Limited Access Group (or such specified users, as applicable) a license to access that Limited Access User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission in a public “global community” on the Services or in a manner that more than just you or your Limited Access Group can view, then you grant Eduplanet21 the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of displaying that Public User Submission to all Eduplanet21 users and providing you the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with Eduplanet21, provided that Eduplanet21 will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us. Should your account be deactivated for any reason, User Submissions may still be viewable to other users.
Finally, you understand and agree that Eduplanet21, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
DMCA Takedown Policy
The Digital Millennium Copyright Act (“DMCA”) relates to online service providers like Eduplanet21 removing material that they believe in good faith violates someone’s copyright. If you are interested, you can learn more about DMCA.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Eduplanet21 is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate. Eduplanet21 is not liable nor can control that situation, but please let us know if it happens and we’ll try to remedy the situation.
We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. We require teachers, schools, districts, and partners to guard their Access Codes and passwords with the appropriate confidentiality, as described in the Acceptable Use Policy.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Eduplanet21 has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Eduplanet21 will not and cannot monitor, verify, censor or edit the features or content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You may have interactions with other organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations, and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Eduplanet21 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Eduplanet21 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Eduplanet21, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Changes to Eduplanet21 Services
Eduplanet21 is a dynamic social learning solution, so the Services will change over time. We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services at any time. We’ll try to give you notice when we make a material change to the Services that would affect you. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason without any reason, and without notice.
Eduplanet21 has different pricing levels based on which module of the platform you may have, the type of user you are, and whether you are affiliated with a school, school district, partner, or other educational organization. You may gain access to Eduplanet21 on behalf of a school, school district, partner, or other educational organization who is paying for your user account. You may also gain access to additional products and services for an additional fee, including but limited to Digital Content and Events in the Eduplanet21 Marketplace.
All Eduplanet21 users have the option to purchase additional content through our Marketplace.
Termination of your Eduplanet21 account
Eduplanet21 is also free to terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms. Eduplanet21 has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We may try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone’s safety or security to do so.
Eduplanet21 does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products (including Publisher Content) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Eduplanet21 or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL EDUPLANET21 BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
You agree to indemnify and hold Eduplanet21, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Eduplanet21’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of Pennsylvania. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Harrisburg Pennsylvania.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Eduplanet21 agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Eduplanet21, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Eduplanet21 in any respect whatsoever.