Legal Restrictions and Terms of Use
Welcome to the Edutopia Web site (the "Edutopia Site" or the "Site"). The following legal restrictions and terms of use apply to Edutopia.org, any successor pages thereto, the Edutopia microsite on Apple's iTunes University, and other Web sites owned or operated by The George Lucas Educational Foundation ("GLEF" or "we," "us," or "our"). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE EDUTOPIA SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.
1. Agreement to Terms. By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines, rules, or additional terms of service applicable to such services that may be posted from time to time (the "Guidelines"), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, you may not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or any of the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of GLEF, and you should refer to those before using such services.
2. Use of Site. This site is for your non-commercial education use only. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and enjoyment of any Site. You may not attempt to gain unauthorized access to the Site or other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
3. Redistribution and Redisplay of Content. You may print and distribute pages (together with all other content including RSS feeds and audio-visual content on the site, “Content”) from Edutopia.org for nonprofit and educational use only, and in no event for commercial use of any kind. Your rights are limited to copying and distribution: you may not modify the content in any way or otherwise make derivative works. You may not download or reproduce graphics or visuals separately from the content. The George Lucas Educational Foundation's copyright notice and any other credit, byline, and copyright notice attributable to specific content must appear on each one of the Edutopia pages you print and distribute. Please list the source: "Originally published (insert publication date) © Edutopia.org; The George Lucas Educational Foundation."
You may also link to Edutopia.org, use our RSS feeds and/or embeddable video player for non-commercial, nonprofit and educational use. Links or other display must always be accompanied by a prominent source link back to the Site on the pages containing the content.
a. You may use the Edutopia RSS feeds or the Edutopia Embeddable Player to show Edutopia Content on an ad-enabled blog or Web site, provided the primary purpose of using the Edutopia Content is not to gain revenue, including advertising revenue.
4. Intellectual Property. The Content of this Site are protected by United States copyright and trademark law, international conventions, and other applicable laws. All materials contained in the Site are the intellectual property of GLEF or its affiliated companies and/or third-party licensors (which includes other users) and are offered to you by GLEF for limited uses outlined in these Terms of Use. All trademarks, service marks, and trade names are proprietary to The George Lucas Educational Foundation or its affiliates and/or third-party licensors. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of GLEF, George Lucas or any other third party.
5. Site Accounts. Much of the Content can be accessed without creating an account. In order to participate in and contribute to select Site communities, you may be required to register with Edutopia.org and create an account. Any personal information supplied to Edutopia.org as part of this registration process and/or any other interaction with Edutopia.org will be collected, stored and used in accordance with the Edutopia Privacy Policy, which may be found at http://www.edutopia.org/privacy-policy.
a. All accounts must be registered with a valid personal email address that you access regularly so that emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
6. Contributions to the Site (collectively “User Submissions”).Some areas of the Site allow you to upload User Submissions. By sharing any User Submission (including any text, photographs, graphics, video or audio) with GLEF you agree to grant to GLEF, free of charge, a non-exclusive right to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Edutopia services in any media worldwide. In certain circumstances, GLEF may also share your User Submission with trusted third parties, pursuant to our privacy policy. All User Submissions are posted under a Creative Commons Attribution-NonCommercial-NoDerivs License which means you let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it, only if they give you credit and for for noncommercial purposes only. If you prefer to allow users to make and distribute derivative works of your User Submission, you must specifically note that your User Submission is subject to the Share Alike provision of the Creative Commons License. User's use of Submissions from this site are also subject to the Creative Commons Attribution-NonCommercial-NoDerivs License, which may be found here.
a. Copyright in your User Submission will remain with you.
b. You acknowledge and agree that the materials submitted by you are being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between GLEF and you by your submission of the materials submitted by you.
c. In order that GLEF can use your contribution, you confirm that your User Submission is your own original work, is not defamatory and does not infringe any U.S. laws, that you have the right to give GLEF permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution including the consent of a parent / guardian if anyone featured is under 18. User Submissions that include images or video should not contain any visible logos, drawings, cartoons, phrases, trademarks, or other third-party materials. If a User Submission includes any third-party materials (including but not limited to, any copyright, trademark, logo, or mark that identifies a brand), the owner of such trademark, brand, copyright, logo, and so on, may insist that his trademark, brand, copyright, logo, and so on, be removed from the site. GLEF accepts no responsibility whatsoever in connection with or arising from such User Submissions.
d. From time to time, GLEF may give you opportunities to participate in GLEF-sponsored events, promotions, and presentations through calls for user submissions. Calls posted on this Site will contain guidelines for providing GLEF with your submission. These submission guidelines are designed to assist you in providing GLEF with a submission that suits our needs. GLEF may, at its discretion, alter or change the guidelines without notice to you. For instance, GLEF may extend a deadline for submissions, or accept and/or reject submissions that fall outside the guidelines at its discretion. User Submissions Calls are not contests and User Submissions may be evaluated in any manner GLEF and its affiliates deem appropriate. GLEF does not guarantee that any submission you provide will be reviewed or even considered for publication. In some cases, submissions not chosen in a submission call may be used on the Site before, during, or after the close of the submission call. Such appearance on the GLEF site is independent of the decision to use you for a particular event, promotion, or presentation.
e. GLEF does not endorse and has no control over the content of User Submissions. User Submissions are not necessarily reviewed by GLEF prior to posting and do not necessarily reflect the opinions or policies of GLEF. GLEF makes no warranties, express or implied, as to the content of the User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, GLEF reserves the right to prevent you from submitting User Submissions and to edit, restrict, or remove such User Submissions for any reason at any time.
f. GLEF assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time GLEF chooses, in its sole discretion, to monitor the User Submissions, GLEF nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any User Submission. In submitting User Submissions, you agree to strictly limit yourself to exchanges about the subject matter for which the User Submissions are intended. You agree that GLEF accepts no liability whatsoever if it determines to prevent your User Submissions from being submitted or if it edits, restricts, or removes your User Submissions. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user's personal, non-profit use and not to restrict or inhibit the use of the Site by any other person.
g. Children under the age of 18 are not authorized to have Edutopia.org accounts or make User Submissions.
h. GLEF and George Lucas present a variety of viewpoints. The User Submissions expressed or implied on the Site regarding any program, organization, resource, product, person, place, or school should not be interpreted as an endorsement by GLEF or George Lucas personally. Any informational materials provided on the Site, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment, or other advice. Without limitation of the Disclaimer paragraphs set forth below, GLEF makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Site. If you have concerns or a situation in which you require professional advice, you should consult with an appropriately qualified professional in the relevant field.
i. From time to time, GLEF may invite User Submissions to outside sites (such as Facebook, Twitter, YouTube and TeacherTube). If you use these sites, please carefully read the Terms and Conditions, as GLEF makes no warranties, express or implied, as to the content and service of these sites.
j. GLEF welcomes story ideas and pitches that relate to learning and teaching from educators and professional writers alike. If you send us artwork, music, proposals, outlines, manuscripts, or other creative material for consideration in Edutopia magazine and/or Edutopia.org, please sign, date and return a GLEF Submission Form (hyperlink). GLEF will not evaluate anyone for potential engagement without having received from that person a signed and dated submission release. Please return the submission release promptly, as we will return or destroy any submitted material if such a release has not been received by us within a reasonable period of time. Please be aware that you are responsible for securing your own intellectual property rights in works you submit. You should also know that GLEF receives many story ideas that are the same from different submitters, so your idea may not be original and GLEF is not liable to you if for using any idea submitted, as it may have come from another source.
k.If you do not want to grant GLEF the permission set out in these terms, please do not submit or share your contribution to or with the Site.
7. Communications. You agree that your activities on the Site (including without limitation User Submissions or any of your Posted Material) will not:
a. infringe GLEF or any third party's copyright, trademark, trade secret, or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums or any of your Posted Material, you represent to GLEF that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner).
b. reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential.
c. constitute (or encourage conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violate any local, state, national, or international law or create liability for GLEF or cause GLEF to lose (in whole or in part) the services of our ISPs or other suppliers.
d. transmit content GLEF considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, or racially, ethnically, or otherwise objectionable.
e. impersonate or claim the identity, characteristics, or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate, or misleading.
f. unless specifically authorized by us, be for commercial purposes or contain advertising or be intended to solicit a person to buy or sell services or to make donations, including spam or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section.
g. constitute, contain, or encourages make-money-fast-type messages, chain letters, or pyramid schemes of any type.
h. contain any virus or other harmful component or any other potentially damaging content or otherwise disrupt the normal flow of communication in or operation of the Site in any way or take any action that imposes an unreasonable or disproportionately large load on GLEF's infrastructure, including without limitation denial-of-service attacks.
i. attempt to circumvent user authentication or the security of any user account or use any robot, spider, or other automatic device or manual process to monitor or copy the Site's Web pages or any of the materials contained in them.
j. be libelous, or constitute an invasion on privacy or publicity rights.
8. Links. This Site includes links to other Internet sites solely as a convenience to users. GLEF does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, GLEF makes no express or implied warranties with regard to the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at the user's own risk.
9. Representations/Warranties. You represent, warrant, covenant, and agree that (i) you have full right and authority to enter into these Terms of Use; (ii) your submitted materials shall not interfere with or infringe under common or statutory law the rights of any third party, including without limitation contract rights, copyrights, trademarks, service marks, trade names, logos, or rights of publicity and privacy or otherwise violate the rights of any third party; (iii) the use of your submitted materials by GLEF or the exercise by GLEF of any of the rights granted by you under these Terms of Use, in whole or in part, including without limitation its contents and all audio, visual, and musical elements and all names, likenesses, biographies, trademarks, trade names, or logos used in or as part of the materials you submitted, shall not interfere with or infringe under common or statutory law the rights of any third party, including without limitation contract rights, copyrights, trademarks, service marks, trade names, logos, or rights of publicity and privacy or otherwise violate the rights of any third party; (iv) the materials shall be free of all liens and encumbrances and the claims of third parties; (v) proper written permissions and releases have been obtained from all persons appearing in the materials or whose names or likenesses may be incorporated or used in the materials to enable and ensure GLEF's full exercise and enjoyment of the rights granted hereunder; (vi) no person who was engaged to work on the materials or who appears in the materials in any way has any approval or consultation rights or any rights of participation with respect to any use, exhibition, or other exploitation of the materials or has any rights for royalty payments or residuals of any kind; (vii) the materials you submitted are not subject to any union or guild requirements or restrictions, whether current or ongoing, (ix) you have paid and will pay all amounts that have become or may become payable to any suppliers, musicians, actors, employees, independent contractors, and other rights holders in all or a portion of the materials you submitted, and to any person or persons who rendered services in or in connection with the materials by virtue of the use made of the materials hereunder, including without limitation residual, reuse, rerun, pension, health and welfare fund, and payroll-tax payments; (x) you have obtained written permission when filming any part of any of the materials incorporated in the materials you submitted on private property not owned or controlled by you, where such permission is required. You also acknowledge and agree that to the extent any moral rights of authors are not assignable, you hereby waive any such rights and irrevocably agree not to bring or maintain any claim or action based on any alleged violation of any such moral rights anywhere in the world. If you include pictures of anyone in or with your submitted materials, you must have their written permission to include their image in or with the materials. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent/legal guardian and GLEF may ask you to provide permission in writing.
10. Disclaimer of Warranties. THE MATERIALS IN THIS SITE, INCLUDING WITHOUT LIMITATION THE SITE CODE, ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GLEF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES AVAILABLE, OFFERED, OR SOLD THROUGHOUT THIS SITE. GLEF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, INCLUDING WITHOUT LIMITATION THE SITE CODE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES. GLEF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION THE SITE CODE, IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GLEF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
11. No Consequential Damages; Limitation of Liability. . UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GLEF BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE SITE CODE, ON THIS SITE OR ANY OTHER INTERACTIONS WITH GLEF, EVEN IF GLEF OR A GLEF-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Termination. In addition to all the legal and equitable rights and remedies available to GLEF in connection with the use by you of the Edutopia Embeddable Player or your submitted materials, you acknowledge and agree that GLEF shall have the right, in its sole discretion, not to post any of the materials submitted by you on the Site or on any Web site, to remove such materials from any Web site on which it has been posted, and not to use, exhibit, or otherwise exploit the materials submitted by you in any manner whatsoever. Furthermore, GLEF shall have the right to suspend or terminate your access to the Edutopia Embeddable Player and/or to this Site or any GLEF-related Web site and refuse to grant you access to use any GLEF or related Web site in the future with or without warning if GLEF, in its sole discretion, believes you have (a) violated or tried to violate the rights of GLEF or its affiliates; (b) violated or tried to violate any of the representations, warranties, or other terms or conditions of these Terms of Use; or (c) acted inconsistently with any of the terms or conditions herein. GLEF has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit, or otherwise exploit any materials you submit.
13. Injunctive Relief; Governing Law; Venue.
a. You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy, and that GLEF shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing GLEF from pursuing any and all remedies available to it, including the recovery of money damages from you.
b. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web Site shall be filed only in the state or federal courts in and for Marin County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. Miscellaneous. The failure of GLEF to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by GLEF without restriction.
15. International Matters. GLEF is controlled and operated from its United States offices in California. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Disclosures. The services hereunder are offered by GLEF, located at PO Box 3494, San Rafael, CA 94912-3494. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
17. Copyright-Infringement Policy; Notice of Copyright-Infringement Claims
Digital Millennium Copyright Act, Safe Harbor Notice Provisions
It is the policy of GLEF to respect the intellectual property of others. If you are alleging that copyrighted material may have been or is being infringed with respect to any items on the Site, you may notify GLEF pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below.
Such notice must include the following to be effective:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit GLEF to locate the material.
d. Information reasonably sufficient to permit GLEF to contact you, such as an address, a telephone number, and, if available, an email address at which you may be contacted.
e. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent for All Notices
All written notices should be sent to the following Designated Agent:
DMCA Complaints/COO
GLEF
PO Box 3494
San Rafael, CA 94912-3494
Fax: (415) 662-1532
Email: dmcacomplaints@edutopia.org
© 2009 The George Lucas Educational Foundation and/or its affiliated and related entities. All rights reserved.
Effective Date: 10/19/2009
