2. Copyright and Trademark Rights. The content, curriculum, organization, graphics, design, photographs, images, text, audio/visual clips, tutorials, sound records, compilations, magnetic translations, digital conversion and other materials located on the Site (the “Content”) are protected under applicable copyright, trademark and other proprietary and intellectual property rights. In addition, “CSCOPE” is our common law and registered service mark and trademark. We own this mark and any other trademarks, service marks, slogans and logos (the “Marks”) used and displayed on the Site. Please note:
You are prohibited from copying, saving to a disk or hard drive, redistributing, using or publishing any portion of the Site, except as allowed by Section 3.
You do not have any ownership rights to any Content or other materials viewed on or generated by the use of the Site. Your posting of information or materials on the Site does not constitute a waiver by TESCCC of any right in such information and materials.
Posting the Content on other websites is strictly prohibited.
If you create any materials based on any portion of the Content, you must give full attribution to TESCCC and you must include all copyright and other proprietary notices contained in this Agreement or in the Content.
3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license to:
access and use the Site strictly in accordance with this Agreement, as well as the terms and conditions contained in any other agreement entered into between you, TESCCC and/or any entity by which you are employed or with which you contract;
use the Site solely for purposes of furthering the educational goals of the public schools that are licensees, either in their own right or through their independent school district (“ISD”) or TESCCC;
print out and modify Content solely for these purposes in accordance with this Agreement;
modify the Content and create derivative works from the Content as long as you comply with Section 2. All modifications and derivative works belong to TESCCC; and
share the Content you have modified with others only if they are Authorized Users.
No other use of the Site or Content is authorized. Other than this license, you do not have, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property rights of TESCCC or any third party.
4. Restrictions and Prohibitions on Use. Your license for access and use of the Site and Content is subject to the following restrictions and prohibitions on use:
Except as permitted by Section 3, you shall not copy, save to disk or hard drive, print, republish, display, distribute, transmit, sell, loan or otherwise make the Content or any portion of the Content available in any form or by any means.
You shall not use any Content in any manner that may violate or infringe any copyright, intellectual property right, proprietary right, privacy right, personal right or property right of TESCCC or any third party.
You shall not remove, change or obscure any copyright notice or other proprietary notices contained in any portion of the Site.
You shall not make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future.
You shall not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture.
You shall not use any automatic or manual process to harvest information from the Site.
You must comply with all applicable local, domestic and international laws, statutes, rules, policies, procedures ordinances and regulations imposed by any government entity, school district or other public agency regarding your use of the Site and the Content provided on the Site.
Your right to use the Site and the Content is not transferable or assignable. Any password or right given to you to obtain Content is not transferable or assignable.
You shall not use the Site to create Content or make statements that are defamatory, libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene.
You shall not use the Site to interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Site or its licensors or suppliers’ infrastructure.
You shall not knowingly distribute viruses, Trojan horses, worms, or other similar harmful or programming routines.
You shall not take any action that would involve the unauthorized entry to any machine accessible via the Site or interference with the Site or any servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or attempt to breach the security of or disrupt Internet communications on the Site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized).
You shall not impersonate any person or entity, including, without limitation, one of TESCCC’s or other entities’ officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity or commit any fraudulent act.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
You shall not collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or about the Site.
You shall not execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you.
You shall not attempt to circumvent authentication or security of any Content, host, network or account (“cracking”) on or from the Site.
You shall not take any action contrary to TESCCC’s public image, goodwill, reputation or mission or otherwise not in furtherance of the intended uses of the Site.
5. Account Set Up and Requirements. In order to access the Site, you or the school district or other employer for whom you work must create an account. Establishing your account is subject to the following rules:
To register for an account, you must provide your first name, last name, and a valid school or organization email address. Account creation will be coordinated by your organization, your Educational Service Center (ESC), or 3rd Learning. Upon creation of your account, you will receive an email with the appropriate login credentials. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password.
At your initial login, you will be asked whether you have read this Agreement and whether you agree to abide by its terms. If you do not agree to abide by the terms, you will not be permitted to access the site.
You may be asked specific questions if you are seeking to use certain features of the Site, and your answers to those questions will determine whether or not you are eligible to register for those features. If you answer “I agree” and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer “I Do Not Agree” or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Site.
We reserve the right to decline to activate an account for any person for any reason.
If your account is activated, you will receive a notification email immediately after you register. You must confirm your email address by clicking on the confirmation link in the notification email. Once you have confirmed your email address, you will be permitted to log in, view, load, post and use the specific features of the Site for which you have been registered. By making such confirmation, you acknowledge that you have read, understand your rights and obligations under, and agree to be bound by this Agreement.
You are responsible for all activities by you or others that occur under your password and user name. You will immediately notify us if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security.
You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Site that you have been granted permission to use.
You must provide true, accurate, current and complete information about yourself as prompted by our account activation form and maintain and promptly update your account information to keep it accurate and complete. If you provide any information that is inaccurate or incomplete, or if we have reasonable grounds to suspect that such account information is inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of all or any portion of the Site.
6. Message Boards & Other Public Forums Message Boards & Other Public Forums TESCCC may offer certain functionality on the Site, including message boards, blogs, chat rooms, instant messaging and other public forums. Your participation in these items is voluntary. However, any information or content provided by you will not be treated as private or confidential and you authorize us and our affiliates and licensees to use the content you post, without compensation to you or others. TESCCC may copy, reproduce, incorporate, distribute, publicly display or otherwise use any information you post as we deem appropriate throughout the world in any format or media (whether now know or hereafter created). TESCCC reserves the right to edit, refuse to post or remove content you submit. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting content on the Site, you represent to TESCCC that you own or have the right to use and permit TESCCC to use the content as permitted by this Agreement. You agree not to post any content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain written permission to do so from that person. TESCCC has no obligation to delete content that you personally may find objectionable or offensive. We do not control the information posted and we do not guarantee the accuracy, integrity or quality of such information. We do not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness of any content posted on any public forum on the Site.
7. Personal Page. While accessing or using the Site, you may be provided access to a personal web page that can be personalized with your own content (a “Personal Page”). Your Personal Page may have several features, such as a personal URL at a sub-domain or URL as may be designated by TESCCC, reports and email address book. Your use of the Personal Page may require your agreement and compliance with supplemental terms at the time that you register for a Personal Page.
8. Availability of Site. TESCCC reserves the right to establish general practices and limits concerning the Site and user accounts at any time and may modify such practices and limits at its sole discretion, including without limitation the maximum number of days that your or any third party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on our or our vendors’ servers on your behalf. TESCCC has no responsibility or liability for the deletion or failure to deliver or store your Personal Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Page or any other public forum, regardless of whether the deletion or failure was due to the established practices or as a result of our error, intentional misconduct, or negligence. TESCCC reserves the right to log off accounts that are inactive for a period of time designated by TESCCC and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, your access to the Site, or any part thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to the Site.
9. Errors, Corrections and Changes. TESCCC does not represent or warrant that the Site will be error free, free of viruses or other harmful components, or that defects will be corrected. We may make changes to the features, functionality or Content at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other Content.
11. Term & Termination. This Agreement is effective from the date you first access the Site, and continues in effect until terminated in accordance with this Agreement.
TESCCC may terminate your access to the Site without prior notice if: (i) you breach this Agreement; (ii) any government agency so directs; (iii) technical or security issues occur; or (iv) the District User License Agreement under which you are an Authorized User terminates.
On termination, TESCCC may immediately deactivate or delete your account and all related information, files or content in your account and bar any access to such information or content by you or others. TESCCC shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation. TESCCC shall not be liable to any third party for any deactivation of your access to the Site.
Upon termination, neither you nor TESCCC will have any further obligation to the other under this Agreement except for liability arising prior to the effective date of termination. Your obligations under this Agreement, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Site.
12. Notice of Claims of Intellectual Property Violations. The Content may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. TESCCC does not permit the use of Content that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in this Agreement. If you believe that any of the Content infringes your copyright or trademark rights or your rights of publicity, please provide TESCCC (whose contact information provided below) with the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed, a representative list of such works, marks or publicity rights;
3. 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 TESCCC to locate the material;
4. information reasonably sufficient to permit TESCCC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
6. 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 a right that is allegedly infringed.
TESCCC’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is as follows:
By email: firstname.lastname@example.org,
By mail: Texas Education Service Center Curriculum Collaborative Attention: Wade Labay 5701 Springdale Road Austin, Texas 78723
Please provide all of the information requested above. No specific form is required to provide TESCCC with notifications of possible infringement. However, it will take TESCCC longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
13. Disclaimer. THE SERVICES, INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, CONTENT AND DOCUMENTATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITE WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SITE SOLELY AT YOUR OWN RISK. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SERVICE, INFORMATION, CONTENT OR DOCUMENTATION, EXCEPT AS PROVIDED IN SECTION 14. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILITATED PARTIES ARE NOT LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES STATED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS SECTION 13 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE CONTENT, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
14. Limitation of Liability.
Neither TESCCC nor any Affiliated Party shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (i) any errors in or omissions on the Site or in the Content; (ii) the unavailability or interruption of the Site or any features thereof; (iii) your use of the Site; (iv) the Content; or (v) any delay or failure in performance beyond the control of TESCCC or any Affiliated Party.
THE AGGREGATE LIABILITY OF TESCCC AND THE AFFILIATED PARTIES TO YOU AND OTHERS USING THE SITE UNDER THE SAME DISTRICT USER LICENSE AGREEMENT, IN THE AGGREGATE, IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE CONTENT, THE SITE, THE CONTENT AND THE SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT PAID UNDER YOUR DISTRICT USER LICENSE AGREEMENT IN THE 12 MONTHS PRECEDING THE BREACH AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
15. Governing Law. This Agreement, and all related matters, shall be governed by Texas law and United States law. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Travis County, Texas. You agree that the statute of limitations for any claim against TESCCC shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
17. Equitable Remedies You agree that, if the terms of this Agreement are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breaches, in addition to any other available remedies.
16. Miscellaneous. This Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The captions used in this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement. This Agreement (and each supplemental agreement referenced in or referencing this Agreement found on the Site) constitutes the entire agreement between you and TESCCC with respect to the Site, the Content and any related matter.