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Terms of Use for Educator Resource Exchange

Terms of Use for Educator Resource Exchange powered by Common Core Learning Engine

Welcome to Educator Resource Exchange, a content management and collaboration platform consisting of websites, services, software applications and networks that allows for the authorized download and distribution of written digital content over the internet.

Introduction.

These Terms and Conditions (“Terms”) apply to the use of (a) the website located at www.njcore.org and all corresponding web pages and websites associated with the foregoing URL (“Website”) and (b) any other content, applications, features, functionality, information and services offered by us through the Website (collectively, the “Service”).

Educator Resource Exchange is operated by the Council of Chief State School Officers (“CCSSO”) or its affiliates and provides access for use, content contribution and collaboration to its authorized partners, such as the New Jersey Department of Education (“NJDOE”) (collectively, CCSSO” or “we,” “us,” or “our”).

1. Your Agreement to the Terms.

YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE OPERATED BY CCSSO IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. You represent that you are at least 18years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representation and warranties set forth in these Terms.

If you do not agree to the Terms, you are not authorized to use or access any Website or Service and are instructed to immediately terminate your use of the Website.

2. Changes to the Terms.

From time to time, CCSSO may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms as you are bound by the Terms that are posted on the Website on when you visit. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by CCSSO in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and CCSSO that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after the new and/or revised Terms are effective indicates that you have read, understood and agreed to those Terms.

3. Provision of the Website and Services Generally.

CCSSO makes the Website and Services available to you on these Terms. You may only use the Websites and Services in accordance with these Terms and any applicable Additional Terms. In particular, but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service. The Websites and the content provided may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CCSSO, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of the Websites and the materials contained on the Websites may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.

4. No Legal Advice.

CCSSO is not a law firm and does not provide legal advice. Using the Websites or Services or sending us an email does not create an attorney-client relationship. In particular, but without limitation, use of any o the legal tools or licenses set forth in these Terms and/or using any Services relating to the Creative Common’s legal tools or licenses (including, without limitation, the “CC0 Chooser,” the “License Chooser” or the “Scholar’s Copyright Addendum”) does not constitute legal advice nor does it create an attorney-client relationship. You are advised to consult with your own legal counsel before using Creative Common’s legal tools or licenses. CCSSO provides all Websites, Services, information, tools and licenses on an “as-is” basis. CCSSO makes no warranties regarding any information, tools or licenses provided on or through the Website and Services, and disclaims liability for damages resulting from their use.

5. Location of the Websites and Services.

The Websites and Services are controlled and offered by CCSSO from its facilities in the United States of America. CCSSO makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Website may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of the United States of America.

6. Prohibited Conduct

Users agree not to use the Websites or Services to:

(a) Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;

(b) Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;

(c) Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;

(d) Post or transmit Content that is unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, harmful, offensive, pornographic, profane, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, give rise to civil liability, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations.

(e) Intimidate or harass another;

(f) Use or attempt to use another’s account, service, or personal information;

(g) Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;

(h) Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;

(i) Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Websites or Services;

(j) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

(k) Use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein;

(l) Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

(m)Post or transmit any personally identifiable information about persons under 13 years of age, including without limitation in connection with the OpenEd Website (located at http://opened.creativecommons.org) or the Services offered thereon.

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.

7. User Content on the Websites and Services.

(a) Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Website and Services, are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that CCSSO does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Website and Services. You understand that by using the Website and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is CCSSO liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.

(b) Licenses Associated With Content on the Website and Services.

i. CCSSO Content: All Content (other than computer software) owned by CCSSO and made available on the Website or through the Services is licensed under the CCSSO Attribution 3.0 Unported license (hereinafter referred to as “CC by 3.0 license”), unless marked otherwise. Information about the CC by 3.0 license can be accessed at http://creativecommons.org/licenses/by-nc-sa/3.0/

ii. Your Content: You retain the copyright in the Content that you provide on the Websites or in connection with the Services. You hereby agree that all Content you voluntarily provide to CCSSO on or through any Website or Service is licensed under a CC by 3.0 license, is not copyrightable, or is in the public domain (such as Content you or another make available under “CC0”). When you post your Content, you designate CCSSO (including relevant partner projects, such as “ccLearn” or “Science Commons”) as the “Attribution Party” for the purposes of the CC by 3.0 license, as defined therein, and grant permission for the relevant Website URI to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, it cannot be licensed under a CC by 3.0 license and you must not provide it to Creative Commons. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to CCSSO on the Website or in connection with the Services, you are licensing such Content under a CCSSO CC by 3.0 license, in addition to any such other license that may apply to your Content, and designating CCSSO (and any relevant partner project) as the Attribution Party for purposes of that license; provided, however, that this subparagraph (b)(ii) shall not apply to Content, if any, that you identify or reference when using our License Chooser or CC0 Chooser but that you do not supply or upload onto the Websites or in connection with the Services.

iii. Third Party Content: Third Party Content and Third Party Websites (as defined in Section 9, below) that are linked to or embedded in the Website or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that CCSSO supplies, as a courtesy, CCSSO will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a CCSSO CC by 3.0 license; provided, however, that CCSSO and its partners cannot and do not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.

iv. Search Results: CCSSO provides website search tools as a Service on some of the Websites. Those search tools may return Content that is not CC by 3.0 licensed. CCSSO will make reasonable efforts to clearly mark whether such Content is licensed under a CC by 3.0 license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.

(c) Content You Provide. You may only submit Content to the Website or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. You represent that you have received parental consent to post images of any and all students under age 18 that appear in a video submission prior to posting the video. CCSSO may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that CCSSO determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. CCSSO does not endorse or support any Content posted by you or any other third party on or through the Website or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Website or Services, and you authorize CCSSO to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Website or Services. You may request the removal of your Content from the Website or Services at any time, and CCSSO will take reasonable steps to promptly remove such Content; provided, however, that CCSSO can remove any such Content only from its Website and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to an email list. If you choose to remove your Content, the CCSSO license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.

(d) Use of Content on the Website or Services. You may use the Content you find on the Website or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to CCSSO that you will use any and all Content on our Website or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Website or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. CCSSO does not guarantee that Content made available on the Website or Services does not infringe the rights of any third party.

8. Third Party Websites and Content; Links.

The Website or Services may contain links to websites not controlled by CCSSO (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than CCSSO (“Third Party Content”). You acknowledge that CCSSO is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply CCSSO licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a CCSSO license. You further acknowledge that CCSSO (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

9. Participating in Our Community: Registered Users.

Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms. By registering for an account on any of the Website or using the related Services, you represent and warrant that you: (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms and any applicable Additional Terms.

Services offered to Registered Users are provided subject to these Terms and any Additional Terms specified on the relevant Website. CCSSO reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. CCSSO disclaims any and all liability to Registered Users and third parties in the event it exercises its right to modify or discontinue user accounts or related Services.

Registration; Security. You agree to (a) provide accurate, current and complete information about yourself, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to CCSSO, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that CCSSO has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Terms or applicable Additional Terms.

In addition, CCSSO may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Website and Services and any applicable Terms and policies governing your user account and related Website and Services for any reason; and (c) interrupt user accounts and related Website and Services for any reason, all as CCSSO deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by CCSSO at any time and for any reason whatsoever, without notice.

In addition, CCSSO reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by CCSSO in its complete discretion.

10. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CCSSO OFFERS THE WEBSITE AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CCSSO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CC’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CCSSO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

11. LIMITATION OF LIABILITY.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CCSSO, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS or PARTNERS, INCLUDING THE NEW JERSEY DEPARTMENT OF EDUCATION (COLLECTIVELY, “CCSSO”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CCSSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CCSSO SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES), FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.

12. Indemnification for Breach of Terms of Use.

You agree to indemnify and hold harmless CCSSO, its employees, officers, directors, affiliates, agents, or partners, including the New Jersey Department of Education (collectively, “CCSSO”) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless CCSSO from and against any and all claims brought by third parties arising out of your use of any of the Website or Services and the Content you make available via any of the Website or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

13. Privacy Policy.

CCSSO is committed to handling responsibly the information and data we collect through our Website and Services and agrees to use your personal information in accordance with the Privacy Policy and the Terms. The Privacy Policy is hereby incorporated by reference into these Terms.

14. Trademarks.

The Website and Services may contain trademarks, service marks, logos and other names that are the property of CCSSO or such other party as indicated with respect to that name or icon. In the case of CCSSO’s trademarks, logos and icons, these may only be used in accordance with our trademark policy (http://creativecommons.org/policies). The Trademark Policy is incorporated by reference into these Terms.

15. Copyright Complaints; DMCA Compliance.

CCSSO respects the intellectual property rights of others, and we prohibit users of our Website and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not

authorized by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner

of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information is

accurate and that you are the copyright owner or authorized to act on behalf of the

copyright owner.

Copyright Agent

CCSSO

One Massachusetts Avenue, NW · Suite 700
Washington, DC 20001-1431
voice: 202.336.7000

CCSSO complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.

Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.

Content hosted on Third Party Websites is the responsibility of those Websites, and not of CCSSO, regardless of whether the Content bears a CCSSO license. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.

16. Termination of this Agreement.

These Terms will continue to apply until terminated by either you or CCSSO as set out below. Your right to access and use the Website and Services terminates automatically upon your breach of any of these Terms or Additional Terms that may apply to any of the Website or Services.

CCSSO may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Website or Services, or any portion of the Website or Services, for any reason; (b) modify or change the Website or Services, or any portion of the Website or Services, and any Terms, Additional Terms and other policies governing the use of the Website or Services, for any reason; (c) interrupt the operation of the Website or Services, or any portion of the Website or Services, for any reason, all as CCSSO deems appropriate in its sole discretion.

Your access to, and use of, the Website or Services may be terminated by you or by CCSSO at any time and for any reason. CCSSO will use reasonable efforts to notify you in advance about any material modification, suspension or termination that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

Last Revision: September 2013