National School Climate Center
Terms of Service
1. Acceptance of Terms
We expect users of this Site to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work or works claimed to have been infringed;
- A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
- Your name, mailing address, telephone number and e-mail address;
- A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify NSCC of claimed copyright infringement in accordance with Section 512 of the Copyright Act, please contact:
DMCA TAKEDOWN AGENT
341 West 38th Street, 9th Floor
New York, NY 10018
All trademarks, service marks, trade names and trade dress, whether registered or unregistered that appear on the Site, including, but not limited to, “NSCC”, “National School Climate Center”, “National School Climate Center Educating Minds and Hearts…Because the Three R’s are Not Enough”, “BullyBust”, “Upstander Alliance”, “SCRC” and “School Climate Resource Center” are proprietary to NSCC or their respective owners (collectively the "Marks"). You may not display or reproduce the Marks other than with the prior written consent of NSCC, and you may not remove or otherwise modify any trademark notices from any Content received through the Site.
By submitting, uploading or transmitting any articles, survey or poll responses, curricula, lesson plans, programs, ideas, feedback or other posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose. You hereby grant NSCC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, unrestricted license to use, copy, reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed, and to publish your screen name in connection with your User Content. You waive all rights to any claim against NSCC for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.
5. Use and Restrictions
You further agree that you shall not:
- except as expressly permitted herein or otherwise in writing by NSCC, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content
- submit, display or transmit any User Content, or any content via the systems or services on which the Site are hosted, in violation of any proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
- submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar content with the intent to interrupt, limit or otherwise impact the performance of the Site or otherwise exceed NSCC’s bandwidth capacity;
- submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
- forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site;
- use the Site, Products and / or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
- publish, post, display or disseminate any profane, obscene, indecent, unlawful, terroristic, violent or hateful Content;
- offer, sell, broker, purchase or seek any unethical, profane, obscene, indecent, unlawful, terroristic, violent or hateful services;
- collect, store, publish, post, sell, transmit or disclose personal data about other Members or users of the Site unless authorized to do so;
- upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs; or
- restrict or prevent any other Member or other user of the Site from using the Site, Products and/or the Services.
Additional Use and Restrictions; School Climate Resource Center (“SCRC”)
Without limiting anything to the foregoing, school-wide subscriptions are available for the SCRC, which shall grant such school a multi-seat license of up to twenty-five (25) “Users” (you must purchase additional seat licenses if there are more than twenty-five (25) Users before such additional use begins). "Users" means any faculty member, parent or community member, as applicable, designated by the member school, who will be issued a username and password. Except as otherwise expressly provided herein, you may not: (i) make the Content available in any medium accessible by persons other than authorized Users; or (ii) make the Content available in a manner intended to allow or invite a third party to download, extract or access the Content.
Notwithstanding the foregoing, Users shall be permitted to reproduce and distribute any downloadable Content, solely within its school or school community (parents and community leaders), but any further dissemination of the downloadable Content is strictly prohibited.
6. Fees NSCC charges fees for certain Products and Services, including, without limitation, memberships, subscriptions, seminars, tutorials, professional development programs, publications and curricula. We may change our fees from time to time and at any time upon notice to you. Unless otherwise stated, all fees are expressed in U.S. dollars. You are responsible for any fees incurred in connection with the Services, the Products and / or your use of the Site, and all applicable charges, expenses, tariffs and taxes.
7. Use: Members
Notwithstanding the foregoing, you acknowledge and agree that NSCC, in its sole discretion and without notice or any further obligation to you, may: (a) temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site and / or the Products and Services, or (b) take any other necessary or appropriate actions in case of technical problems, objectionable material, false, misleading, unlawful or inaccurate postings, articles or other contributions.
NSCC has no obligation to monitor the Site. However, NSCC reserves the right to review any User Content, and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. NSCC has no obligation to display or post any User Content. NSCC reserves the right to disclose, at any time and from time to time, any information or User Content that NSCC deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
Any Content, Products, Services, prices, specifications, designs, conditions or product descriptions offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, NSCC reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, Services, Products or Content offered through the Site, at any time and from time to time, regardless of whether such products, Services, Products or Content were previously offered at no charge.
10. User Names, Passwords & Confidentiality
In connection with any NSCC membership, you may choose, or we may issue to you a username, password or other similar access code. Certain of our vendors and partners may also issue to you and/or include in their communications with you usernames, passwords and other similar access codes. In order to protect the privacy of your personally identifiable information and to comply with the terms of this section, you must keep any such username, password or access code secret. You may not disclose your user name, password or access code to any third party, or allow any third party to access your account.
You acknowledge and agree that you are responsible for all actions taken using any username, user ID, login or other identifier (each, an "Identifier") or password selected by, or issued to, you in connection with the Site, including, without limitation, any fees charged to your account. You agree to notify NSCC immediately of any unauthorized use of any Identifier or password or any other breach of security of which you are aware by contacting us at firstname.lastname@example.org, and you should immediately change your password. You may not use any Identifier or password that is not issued directly to you by NSCC or its authorized vendors or partners.
You acknowledge and agree that any user name, login code, identifier or password (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Site or the Services using such Password. You acknowledge and agree that you are responsible for any use of your username, user ID, login and / or Password, including any fees incurred. You agree to notify NSCC immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by NSCC.
NSCC cannot be responsible, and disclaims all liability in connection with, the use of any information that you submit, post or display on the Site. You should use caution when posting any information, including personally identifiable information to the Site.
11. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than NSCC. Such links are provided solely as a convenience to you. NSCC does not control such websites, and is not responsible for the contents, or products, services or other content offered through such websites. NSCC's inclusion of links to such websites does not imply any endorsement of any website, or the content, products or services offered through any website, or of any company or person. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
In the event that you have a dispute with one or more Members or users of the Site, you hereby irrevocably release NSCC and its directors, officers, agents, affiliates, subsidiaries, employees, successors and assigns from any claims, demands or damages, direct, indirect or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which says "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."
13. Warranties and Disclaimer
14. Limitation of Liability
16. Dispute Resolutionf
If any controversy, dispute or claim arising out of or related to your use of the Site, the Products and / or Services or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, NSCC will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance (without the necessity of posting a bond) relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the Products, the Services, the Marks and / or the Content.
17. Governing Law
Updated as of January 29, 2013