Last updated August 1, 2015.
Changes to Terms
LDC reserves the right to change these Terms at any time at its sole discretion. Such changes will be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of all provisions in the revised Terms.
Risks/Use of and Changes to Site
The Site is provided on an “as is” basis and “as available” basis. We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any content on the Site may be out of date at any given time, and LDC is under no obligation to update such content. We may change, suspend access to, or terminate the Site at any time with or without notice at our sole discretion.
You assume all risk for your use of the Site. You agree that LDC, its employees, agents, and affiliates have no liability for actions taken or not taken by you or a third party, and you agree to indemnify us and hold us harmless for damages arising out of (1) your use of the Site, (2) your breach of these Terms, (3) your violation of the law, (4) claims asserted by third parties, which, if proven, would place you in breach of these Terms, or (5) information provided by you through the Site. Without limiting the foregoing, in no event shall LDC, its employees, agents, or affiliates be liable for any special, incidental, consequential, exemplary, or indirect damages.
LDC further expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and, without limiting the generality of the foregoing, makes no warranty that LDC will a) meet your requirements; b) meet your expectations; or c) be uninterrupted, timely, secure, or error-free. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, or delay in operation or transmission, whether for breach of contract, tortious behavior, negligence, or any other cause of action.
Prohibited Uses; Right to Terminate Access
You agree to use the Site only for lawful and legitimate purposes, and to do so in accordance with these Terms.
You agree not to use the Site to, in any way:
- violate any applicable federal, state, local, or international law or regulation, including but not limited to the Family Educational Rights and Privacy Act of 1974 ("FERPA") and the Children's Online Privacy Protection Act of 1998 ("COPPA");
- exploit, harm, or attempt to exploit or harm minors, including but not limited to exposing them to inappropriate content or improperly asking them for personally identifiable information;
- threaten, harass, or otherwise inappropriately abuse others, including but not limited to LDC, its employees, agents, affiliates, contractors, service providers, or Site users;
- send, knowingly receive, upload, download, use, or reuse any content which does not comply with these Terms;
- copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use any of the content on our Site without prior written permission from LDC (which must be sought via the contact information provided below);
- "spam," gather, or attempt to gather Personally Identifiable Information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise improperly soliciting or abusing LDC or Site users;
- engage in dishonest or deceptive behavior, including but not limited to impersonating or attempting to impersonate another person or entity, or attempting to gain unauthorized access to any part of the Site, or the computers, servers, or databases connected thereto;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm LDC, its employees, agents, affiliates, contractors, or service providers, the Site, Site users, or expose such persons or entities to liability; or
- otherwise attempt to interfere with the proper functioning and/or operation of the Site.
LDC reserves the right to terminate the Site or your access to it for any reason, at our sole discretion, including but not limited to your violation of these Terms or engaging in the prohibited uses described above.
- Prohibition on Disclosure of Students' Personally-Identifiable Information
In addition, as a material condition of using this Site or its services, you agree not to submit, post, or share any student's Personally Identifiable Information to the Site in any form, and that any student-derived work will be sufficiently anonymized such that it cannot be reasonably used to identify the student to which the work refers or concerns. LDC reserves the right to terminate the Site or your access to it for any reason, at our sole discretion, including but not limited to your violation of this section of these Terms.
Grant of License
If you believe that your copyrighted work has been copied by LDC in a manner that constitutes copyright infringement, please provide LDC's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- identification of the content 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 LDC to locate the content;
- information reasonably sufficient to permit LDC to contact you, including at least your name, address, and telephone number.
- a statement that you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows: Janice Gordon, Operations Manager, at The Literacy Design Collaborative, ATTN: Janice Gordon, 48 Wall Street, 11th Floor, New York, NY 10005, or via email at firstname.lastname@example.org.
Governing Law; International Users
LDC and the Site are operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Site and/or providing LDC with your information, you consent to that collection and transfer.
Entire Agreement; Severability
To contact us and/or inquire about these Terms, please contact Janice Gordon, Operations Manager, at The Literacy Design Collaborative, ATTN: Janice Gordon, 48 Wall Street, 11th Floor, New York, NY 10005, or via email at email@example.com. You may also contact us through this form.
LDC Partner Contributor’s Agreement
This agreement (the “Agreement”) will set forth our agreement with you as a contributing partner to the Literacy Design Collaborative (“LDC”). The terms of this Agreement are applicable to all modules and task templates you submit to LDC (each a “Work”).
Representations and Warranties. You warrant (1) your ownership of all rights to the Work or the right to license such rights, (2) the originality, authorship and authenticity of the Work; (3) that the Work is not libelous or obscene; (4) that if the Work has been previously published, you hold the rights to grant LDC the permission to republish it; and (5) that the publication of the Work will not infringe upon any copyright, right to privacy, proprietary or any other right of any person, corporation or other entity or violate any state or federal law or regulation. If requested, you agree to provide pertinent source materials to LDC.
Grant of License. In consideration of the value that I ascribe to seeing that my work is used by LDC in order to advance literacy education (the sufficiency of which I hereby acknowledge), I hereby assign to LDC an irrevocable license to publish, copy, distribute, and license others to use the Work in any form or medium, now or hereafter existing, during the full term of the copyright therein and throughout the world.
Promotion. LDC shall have the right to use your name, likeness, and biographical material for such publicity purposes as may, in LDC’s sole discretion, benefit the promotion of the Work and/or LDC.
Independent Contractor. You understand and agree that you are acting as an independent contractor and not as an employee of agent of LDC and that you have no authority to bind or commit LDC to any obligations.
Integration; Modification; Choice of Law. This agreement sets forth the entire understanding of the parties concerning the subject matter hereof and supersedes all previous memoranda, agreements and oral negotiations by and between the parties. No subsequent agreement or modification of this agreement shall be valid unless in a writing signed by both parties. This agreement shall be governed by and construed in accordance with the substantive laws of the state of New York.
Publication Obligations. Nothing in this agreement will obligate LDC to publish or use any Work submitted by you hereunder.
Survival. Paragraphs 1 and 2 shall survive the expiration or earlier termination of this Agreement.