Last Updated: April 20, 2018
Welcome! Thank you for visiting us. Please read these terms and conditions of use (“Terms”) carefully. These Terms are a binding agreement between you and the National Center for Research in Advanced Information and Digital Technologies, also known as Digital Promise (“we”, or “us”). These Terms govern your use of our websites located at www.dpdev.org, www.digitalpromise.net, www.digitalpromiseglobal.org, and any of our other websites, their respective subdomains, and software applications containing a link to these Terms (collectively, our “Sites”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY USING ANY OF OUR SITES, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE ANY OF OUR SITES.
- Related Agreements and Policies
- Micro-credential Program. The Digital Promise micro-credential ecosystem is subject to its own policies and procedures for the development, aggregation and award of micro-credentials, which are described separately from these Terms. Those policies and procedures describe how micro-credentials may be offered, evaluated, and earned within the ecosystem.
- Additional Terms. Some of our Sites, or portions of our Sites, may be subject to additional terms (“Additional Terms”), which will be described in separate policies posted on the applicable Sites. For example, content made available through our Sites may be governed by licenses that are separate from these Terms (such as a Creative Commons license or other license), Third Party Services available through our Sites may be governed by terms and policies provided by the applicable provider of such Third Party Services, and applications for membership (such as for the League of Innovative Schools) may be subject to the terms set forth in the application. The Additional Terms will supplement these Terms and will control over any conflict between the Additional Terms and these Terms with respect to the specific Sites, or portions thereof, subject to the Additional Terms.
- No Children. Our Sites are not intended for use by children. If you are under thirteen (13), you may not use our Sites.
- International Access. Our Sites are controlled and operated by us from our offices within the United States of America and are not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States. If you do access and use any of our Sites outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (each, a “Law”) with respect to such access and use.
- Prohibitions. You agree not to use any of our Sites or the content available on our Sites: (a) in violation of these Terms or any Law; (b) for any use other than your own personal and internal business use; (c) to transmit or display any material that is illegal, abusive, tortious, defamatory, discriminatory, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or otherwise objectionable, or to harass or harm another individual; (d) to transmit any unsolicited or unauthorized advertising or promotional materials; (e) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (f) to impersonate any person or entity, misrepresent your affiliation with a person or entity, or otherwise provide inaccurate or incomplete information as required by the Sites; (g) to interfere with or disrupt any of our Sites or any networks used by us; or (h) disparage or injure the reputation or goodwill of Digital Promise, or any of its donors, officers, directors, or employees.
- Site Participation. In connection with particular features of our Sites, you may be required or permitted to provide an email address or login using a social media account (such as Facebook, Twitter, Google Plus, or Disqus). You are responsible for maintaining the confidentiality of your social media account password for any of our Sites, and you are solely responsible for all activities that occur under your email address or social media account.
- Our Content and Proprietary Rights. As between you and us, we own all content developed or acquired by us (“Our Content”), including but not limited to our selection and arrangement of Third Party Content (as defined below), but excluding Third Party Content itself. Our Content is protected under United States and international copyright Laws and is subject to other intellectual property and proprietary rights and Laws. In addition, the “Digital Promise” name and logo, as well as certain other of the names, logos, and materials displayed in or through our Sites constitute registered and unregistered trademarks, trade names, service marks, or logos (collectively, the “Marks”) of us, our affiliates, content providers, or other entities. Ownership of the Marks and the goodwill associated with them remains with us or those other entities. You are not authorized to use any of Our Content or the Marks other than as expressly provided in these Terms or as expressly licensed to you, such as under a Creative Commons or other license. You must abide by all rights notices, information, or restrictions contained in or attached to any of Our Content and must not remove any trademark, copyright, or other notice from our Sites or any of Our Content.
- Third Party Content (Including Your Content).
- No Responsibility for Third Party Content. Users of our Sites (including you), and other persons and entities other than us, may pose questions, make comments, post content, or submit material (collectively, “Third Party Content”) to our Sites. We do not control any Third Party Content on our Sites. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on our Sites are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We take no responsibility and assume no liability for any Third Party Content. You use or rely on Third Party Content at your own risk.
- Your Content. If you pose questions, make comments, post content, or submit material other than for the purposes of obtaining a micro-credential (collectively, “Your Content”) to any of our Sites, you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. You grant us and our sublicensees the right to use the name, screen name, city or zip code, and other biographical information that you submit in connection with Your Content, if we or they choose. You represent and warrant that: (i) you own or otherwise control all of the necessary rights to Your Content; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of our Sites set forth above; (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity; and (v) if Your Content is content about a minor, you are the parent or legal guardian of that minor, or you are authorized by the parent or legal guardian of that minor to input, make available, and use Your Content. For example, if any of Your Content contains images or recordings of minors, you must obtain the consent of applicable legal guardians in order to post or submit such images or recordings to our Sites. You agree that you are solely responsible for Your Content and will indemnify us, our affiliates, and our or their respective content providers, suppliers, distributors, or customers, or any of our or their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “DP Parties”) for all claims resulting from Your Content. You understand that if you include any personal information in Your Content you post on our Sites, that information may be visible to other users of our Sites, and you hereby authorize us to publish such personal information. Digital Promise encourages you to be careful and sensible about your privacy and the privacy of minors when sharing Your Content. Digital Promise has no responsibility for any of Your Content or the consequences of your sharing any of Your Content with others. We have the right but not the obligation to monitor and edit or remove any content from our Sites.
- Micro-credential Submissions. Additional terms and policies apply to content and materials that you submit for the purposes of obtaining a micro-credential (“Your Submissions”). For example, we may involve third parties to assess Your Submissions that you have submitted to determine if you have earned the micro-credential. You represent and warrant that: (i) Your Submission is your own work and you own or otherwise control all of the necessary rights to Your Submissions; (ii) Your Submission is accurate; (iii) neither Your Submission nor your posting or submission of Your Submission will cause injury to any person or entity; (iv) you will not upload, publish, display, submit, transmit, share, post, or otherwise provide a student’s personal information in Your Submissions, except that you may post images or recordings of a minor student with the student’s legal guardian’s consent, or of a non-minor student with the student’s consent, in addition to any other authorization required by federal, state, or local law or regulation; and (v) Your Submission will comply with Digital Promise’s micro-credential policies and procedures. In addition, we may share information related to your earned micro-credentials with your school or school district upon their request, if allowed by your privacy settings, and we may use anonymized data resulting from your activities on the Sites to improve the Sites or for other research purposes.
- Feedback. If Your Content includes any suggestions, ideas, or other feedback about us, our Sites, or our products, (your “Feedback“): (i) you grant us all necessary rights to use your Feedback; (ii) you acknowledge and agree that we are free to use and otherwise act on your Feedback with no financial, credit, or other obligation whatsoever to you, but we are not obligated to use your Feedback in any way; (iii) you acknowledge and agree that we are not obligated to keep your Feedback confidential; and (iv) you represent that your Feedback is entirely your original work.
- Third Party Services and Sites. Portions of our Sites may allow you to use third party products and services, which may include without limitation social networking services, and our Sites may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). We are not responsible to you for any Third Party Services. Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor are our Sites approved or endorsed by any Third Party Services. The DP Parties have no responsibility to you for any Third Party Services.
- Linking to Our Sites. If you wish to link to any of our Sites, you may include an active link on any website you control directing a browser to the applicable page of that Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to any of our Sites in any way that: (a) alters the look, feel, or functionality of any aspect of our Sites; or (b) in any way that disparages our Sites or products or that could injure the reputation or goodwill of the DP Parties or any of their products.
- Infringement Claims. We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright, trademark, or other intellectual property Laws, suspending access to all or any portion of our Sites to any user who uses our Sites in violation of any such Law, and/or terminating in appropriate circumstances access to our Sites and the account (if any) of any user who uses our Sites in violation of any such Law. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with Title 17 of the United States Code, Section 512. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of any of our Sites, please provide written notice to the following agent for notice of claims of infringement:
1001 Connecticut Ave. NW, Suite 935, Washington, DC 20036
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the Law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury (in the case of a claim of copyright infringement), that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
- Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT USE OF ANY OF OUR SITES, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DP PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). IN PARTICULAR, THE DP PARTIES DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, OR THAT YOUR ACCESS TO THE SITES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THE DP PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE DP PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE ANY OF OUR SITES OR (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH ANY OF OUR SITES. SHOULD ANY DP PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
- Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the DP Parties will be the minimum permitted under such applicable Law.
- Refusal of Service; Modification of Sites; Termination. We reserve the right to refuse service, disable or prohibit logins, remove or edit content (including Third Party Content), limit access to content, or modify or discontinue any of our Sites in our sole discretion. We may terminate, suspend, or modify your access to all or part of any of our Sites, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of any of our Sites, or any third party.
- Disputes. These Terms and the relationship between us will be governed by the Laws of Washington, D.C. and the Federal Arbitration Act. If any controversy or claim between you and us arises out of your use of the Sites or these Terms that is resolved through direct discussions or mediation, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter to the other party requesting arbitration that describes the claim. We will send the letter to the address you have provided us. You must send the letter to us at: Digital Promise, 1001 Connecticut Ave. NW, Suite 830, Washington, DC 20036, Attention: General Counsel. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Washington D.C. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Sites or these terms shall be a period of one year from your last use of the Sites. We each agree that any and all disputes, claims, and causes of actions arising out of or connected with these Terms or the Sites shall be resolved individually, without resort to any form of class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights.
- Electronic Communications Notice. When you use our Sites or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You may update your information for notice purposes by logging in to Your Account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate Your Account (if any) and you may not use our Sites.
- Related Agreements and Policies
Last Updated: April 20, 2018
- Collection of Personal Information
- Use of Personal Information
- Sharing of Personal Information.
- Automatically Collected Usage Information.
We have implemented measures to help protect your Personal Information from loss, misuse, and unauthorized access or disclosure. However, no security system can guarantee against unauthorized access and we therefore cannot fully eliminate security risks with respect to your Personal Information. You should be mindful of these security limitations when you submit Personal Information to us. If applicable law imposes any non-disclaimable duty with respect to your Personal Information, you agree that the standard used to measure our compliance with that duty will be one of intentional misconduct.
- Other Websites or Applications.
- Marketing Emails.
- Updating or Deleting Your Personal Information.
You may request that we update or delete your Personal Information at any time by contacting us at the email address listed in Section 12 below. We will use reasonable efforts to fulfill your request to change or delete your information in a timely manner. We may keep a record of all information that is changed or deleted, and we may determine what may be changed or deleted. For example, if we are required to keep track of certain kinds of transactions, you may be prevented from changing or deleting information relevant for those transactions. Even if we delete or change your information from our ‘live’ database, it may still be stored on other databases (including those kept for archival purposes). Please note that if you delete certain information, you may be required to re-submit that information in order to use certain features of our Sites in the future. We are not responsible for changing or deleting information about you from the databases of any third parties.
- International Users.
- Privacy of Children.
Our Sites are not directed at minors. We do not knowingly collect Personal Information from, or maintain any Personal Information regarding, persons under the age of 13.
1001 Connecticut Ave., NW , Suite 935
Washington, DC 20036
- Phone: 202-450-3675
- Online: firstname.lastname@example.org
- Collection of Personal Information