Terms and Policies Applicable to the Digital Promise Global Educator Community Website
Last Updated: March 24, 2017
Welcome to the Digital Promise Global Educator Community website (“DPGEC Website”)! Thank you for visiting us. Please read these terms and policies applicable to the DPGEC Website carefully. These terms and conditions govern your use of the DPGEC Website resources, tools, features, functionality, services and content (collectively, the “DPGEC Website Resources”). The DPGEC Website and the DPGEC Website Resources can only be used by students and learners who are at least eighteen years old, teachers, trainers, educational leaders, and staff that are provided access by Digital Promise Global (“Authorized Users”). The DPGEC Website is not intended for use by children and is not directed to minors. If you are under eighteen (18), you may not use the DPGEC Website.
BY USING THIS DPGEC WEBSITE, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS AND POLICIES (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS AND POLICIES, YOU ARE NOT PERMITTED TO USE THE DPGEC WEBSITE OR THE DPGEC WEBSITE RESOURCES.
DPG may update or change any of the terms and conditions contained in these Additional DPG Terms at any time and in our sole discretion, by posting on this page or emailing to you at the email address you provided to us a change notice or a revised set of Additional DPG Terms. If any modification is unacceptable to you, your only recourse is to terminate your use of the DPGEC Website. Your continued use of the DPGEC Website following our posting or emailing of a change notice or revised Additional DPG Terms as provided in this paragraph will constitute your binding acceptance of the change. It is your responsibility to regularly check the DPGEC Website to determine if there have been changes to the Additional DPGEC Terms and to review such changes. The DPG Terms and Policy govern revisions, and notice of revisions, to those documents.
- International Access
- The DPGEC Website is controlled and operated by DPG from our offices within the United States of America and is 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 the DPGEC Website 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 with respect to such access and use. Please do not use the DPGEC Website if you are located in a country that is subject to an embargo by the United States, or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals or any similar list, or if you are otherwise prohibited from receiving products, services, or content originating from the United States.
- Information about you, including any personal information, that we collect or that you submit through the DPGEC Website will be processed in the United States. The data protection and other privacy laws of the United States may not afford the same level of protection for your personal information as the laws of other countries, including the country where you reside. By using the DPGEC Website, you expressly consent to the transfer of your personal information collected through the DPGEC Website to, and the processing of that information in, the United States. To the extent you upload the personal information of any persons other than yourself to the DPGEC website, you are responsible for ensuring that they consent to the transfer of that information to, and the processing of that information in, the United States.
- User Code of Conduct. As a condition of use, you promise not to use the DPGEC Website or DPGEC Resources for any purpose that is unlawful or prohibited by the DPG Terms and Policy and these Additional DPGEC Terms, or any other purpose not reasonably intended by DPG. By way of example, and not as a limitation, you agree not to use the DPGEC Website or DPGEC Resources to:
- transmit spam or any other form of duplicative and unsolicited messages regarding the DPGEC Website;
- harvest, collect, gather or assemble information or data regarding other users without such other users’ consent;
- transmit material that is unlawful, libelous, tortious, infringing, defamatory, discriminatory, invasive of another’s privacy, hateful, threatening, abusive, offensive, profane, sexually explicit, pornographic, obscene, or otherwise objectionable, or that harasses or harms another individual;
- knowingly transmit material containing software viruses, adware, malware, spyware, or other harmful or deleterious computer code, files, scripts, agents or programs;
- obtain password, account or private information from any other Authorized Users;
- abuse, harass, threaten, intimidate, or interfere with another Authorized User’s use and enjoyment of the DPGEC Website and the DPGEC Website Resources;
- disparage or injure the reputation or goodwill of DPG, or any of its donors, officers, directors, or employees;
- create multiple accounts for the purpose of voting for or against an Authorized User’s content;
- sell or otherwise transfer your profile;
- use the DPGEC Website or the DPGEC Website Resources for any commercial purpose;
- promote or sell content of another person;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- advertise to, or solicit, any Authorized User to buy or sell any third party products or services, or to use any information obtained from the DPGEC Website or DPGEC Resources in order to contact, advertise to, solicit, or sell to any Authorized User;
- artificially inﬂate or alter vote counts, blog counts, comments, or any other DPGEC Resource, or give or receive money or other compensation in exchange for votes, or participate in any other organized effort that in any way artificially alters the results of DPGEC Resources;
- with the exception of accessing RSS feeds, use any robot, spider, scraper or other automated means to access the DPGEC Website for any purpose without DPG’s express written permission;
- take any action that (i) imposes, or may impose in DPG’s sole discretion, an unreasonable or disproportionately large load on the DPGEC Website infrastructure, (ii) disrupts, interferes or attempts to interfere with, the proper working of the DPGEC Website, DPGEC Resources, or any activities conducted on the website, or (c) bypasses any measures DPG may use to prevent or restrict access to the DPGEC Website, computer systems, or networks related to the DPGEC Website;
- transmit content or a communication that infringes any copyright or other right of any person; or
- transmit or otherwise make publicly available on the DPGEC Website any private information of any third party, including, without limitation, first and last names, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers without obtaining from the third party any authorizations required by the DPG Terms and Policy, these Additional DPGEC Terms, and the statutes, treaties, regulations, rules, orders, and other laws of any federal, state, local, national, provincial, foreign or other jurisdiction.
- Interactions with Other Authorized Users. You are solely responsible for your interactions with other Authorized Users of the DPGEC Website. DPG reserves the right, but has no obligation, to monitor disputes between Authorized Users.
- Compliance with Student and Children Privacy Laws. As applicable, you represent and warrant that you are solely responsible for compliance with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws with respect to student and children privacy, including, but not limited to, the Family Educational Rights and Privacy Act of 1996 (FERPA) and its implementing regulations.
- Visual Images. With respect to photographs, films or other visual images (collectively, “Visual Images”) that are Transmitted to the DPGEC Website, an Authorized User must:
- obtain consent from an adult before Transmitting Visual Images of the adult;
- obtain informed consent from the institution or organization through which an Authorized User may be working stating that the institution or organization has obtained informed consent from the parents or guardians of a child under the age of 18 whose Visual Image will be Transmitted;
- for a Visual Image of a child under the age of 18 taken outside of an institution, obtain informed consent from the parents or guardians before Transmitting the Visual Image;
- obtain any other consent that may be required by applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws before Transmitting a Visual Image;
- obtain consent (as required by Sections 6.a through 6.d) that includes an explanation as to how and where the Visual Images will be used;
- assess and endeavor to comply with local traditions or restrictions for Visual Images;
- present children in a dignified and respectful manner and not in a vulnerable or submissive manner (e.g., children should be adequately clothed and not in poses that could be seen as sexually suggestive);
- ensure that Visual Images are honest representations of the context and the facts, and give special consideration to Visual Images depicting children with disabilities, refugees, and those in situations of conflict and disasters, so that they accurately portray context and maintain dignity;
- not exploit the subject of a Visual Image;
- aim to provide a balanced portrayal of the reality in the developing world;
- use Visual Images truthfully, and maintain standards of taste and decency;
- maintain high technical standards and use only high quality Visual Images;
- where the risk of harm and stigma is high, take mitigating steps (e.g., by concealing faces, using pseudonyms and vague geographical locations); and
- ensure that labels, meta data, tags or text descriptions do not reveal identifying information about a child or the child’s location, and be careful not to reveal details about where children live, their school, hobbies etc.
- Offensive Material. You understand that by using the DPGEC Website, you may be exposed to content that is offensive, indecent or objectionable.
- Oba and UO. The following provisions are specifically applicable to Oba (of which the DPGEC Website is a part) or UO, but are also applicable to DPG as set forth below.
- Transfer of the Oba Network. You shall not distribute, publish, sell, import or otherwise transfer or allow to be transferred the Oba network or copies thereof, in whole or in part, to third parties without the prior written permission of UO or, with respect to the DPGEC Website, DPG.
- Use of YourInformation. In the course of using Oba, you and other users may provide information which may be used by UO in connection with Oba and which may be visible to other users. By posting information or content on Oba or otherwise providing content, materials or information to UO or in connection with Oba (collectively, “User Submissions”), you are granting UO a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, UO will only share personally identifiable information from you in accordance with the terms in this Section 8. You also grant each user of Oba a non-exclusive license to access your User Submissions through Oba, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of Oba. Furthermore, UO retains the right to reformat, modify, create derivative works of, excerpt, and translate any of the User Submissions submitted by you. DPG’s intellectual property rights, and rights to use your information, content and submissions, are set forth in the DPG Terms and Policy and are not superseded by the terms in this Section 8.
- Collection of User Information. UO receives and stores certain types of information whenever you interact with Oba. UO automatically receives and records information on its server logs from your browser including IP address, UO cookie information, and the page requested. UO also records certain Authorized User activity on Oba. This information is not personal information. Generally, UO automatically collects usage information, such as the numbers and frequency of visitors to Oba and its components, similar to TV ratings that indicate how many people watched a particular show. UO uses this data in aggregate form, that is, as a statistical measure, and not in a manner that identifies individuals. This type of aggregate data enables UO to determine how often users use parts of Oba so that UO can make Oba appealing to as many users as possible, and improve the educational experience. As part of this use of information, UO may provide aggregate information to UO partners about how Oba users, collectively, use Oba. UO shares this type of statistical data so that its partners also understand how often people use Oba to help provide Authorized Users with an optimal online experience. UO may share with DPG the aggregate data it collects. In addition, DPG may collect and use your personal and other information. The provisions governing DPG’s collection and use of your information are set forth in the DPG Terms and Policy and are not superseded by the terms in this Section 8.
- Release of Personal Information. UO may release personal information when UO believes in good faith that release is necessary to comply with the law. The provisions governing DPG’s release and sharing of your personal information are set forth in the DPG Terms and Policy and are not superseded by the terms in this Section 8.
- Errors and Omissions. You understand that all information publicly posted or privately transmitted through Oba is the sole responsibility of the person from which such content originated and that UO and DP will not be liable for any errors or omissions in any content. You understand that UO and DP cannot guarantee the identity of any other users with whom you may interact in the course of using Oba. Additionally, UO and DP cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all content accessed by you through use of Oba is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You also agree that you post any content on Oba at your own risk.
- No Liability for Damages. IN NO EVENT SHALL UO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR PROFITS, DATA, OR USE OF OBA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE OBA, EVEN IF DPG OR YOU WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON. The provisions exempting DPG from liability for damages are set forth in the DPG Terms and Policy and are not superseded by the terms in this Section 8.
- Applicable Law. This Section 8 and the other terms and policies in these Additional DPGEC Terms that are applicable to UO (“UO Terms”) will be construed in accordance with, and its performance will be governed by, the laws of the State of Oregon, without regard to principles of conflicts of law. Any suit, action, or proceeding arising out of or relating to the UO Terms shall be brought and conducted solely and exclusively within the Circuit Court of Lane County for the State of Oregon, U.S.A.; provided, however, that if a claim must be brought in a federal forum, then it shall be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of its sovereign immunity. YOU, BY ACCEPTANCE OF THE ADDITIONAL DPGEC TERMS, HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SAID COURT(S). The United Nations International Conventions on the Sale of Goods (CISG) of 1980 shall not apply. The provisions in this Section 8 governing applicable law in any suit, action or proceeding against DPG, but not also against UO, arising out of the DPG Terms and Policy or these Additional DPGEC Terms are set forth in the DPG Terms and Policy and are not superseded by the terms in this Section
- Termination of Your Account. DPG or UO may at any time and for any reason, in either’s sole discretion and without notifying you, immediately suspend or terminate your account. In addition, if DPG believes, in its sole discretion, that a violation of the DPG Terms or Policy or the Additional DPGEC Terms, or any illegal or inappropriate behavior, has occurred, it may take any other corrective action it considers appropriate. DPG may investigate suspected violations of the DPG Terms or Policy or the Additional DPGEC Terms, or illegal and inappropriate behavior through the DPGEC Website or DPGEC Resources. Please note that DPG will fully cooperate with any law enforcement investigation or court order ordering it or directing it to disclose the identity, behavior or activities of anyone believed to have violated the DPG Terms or Policy or the Additional DPGEC Terms, or to have engaged in illegal behavior. UO’s or DPG’s right to terminate under this Section 9 is in addition to any and all other legal remedies which either may have for the enforcement of any and all terms hereof, and do not in any way limit any other legal remedy either may have. In the event that DPG suspends or terminates your account, you may not register for the DPGEC Website again without DPG’s express permission. If you believe that any action has been taken against your account in error, please contact DPG at email@example.com. Termination of your account will terminate all rights and licenses granted to you relating to the Oba network, the DPGEC Website, and the DPGEC Resources.
- Termination by Authorized User. You may request termination of the your account at any time and for any reason by sending an e-mail to firstname.lastname@example.org.
- Obligations after Termination. Any suspension or termination of your account shall not affect your obligations to DPG or UO under the DPG Terms and Policy or the Additional DPGEC Terms, including, but not limited to, provisions governing ownership, indemnification, any representations and warranties made by you, limitation of liability, and any other obligations which by their sense and context are intended to survive the suspension or termination of your account.
- Reporting an Abuse or Breach. To report a suspected abuse of the WPEG Website or WPEG Resources, or a breach of the DPG Terms and Policy or the Additional DPGEC Terms, please send written notice to Digital Promise Global at the following email: email@example.com. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of the DPGEC Website, please provide written notice of claims of infringement in accordance with the DPG Terms and Policy which can be found here.
- International Access
Contacting Digital Promise Global
If you have any questions about the DPGEC Website or DPGEC Resources, you may contact Digital Promise Global at 202-450-6375, firstname.lastname@example.org, or Digital Promise Global, 1001 Connecticut Ave. NW, Suite 830, Washington, DC, 20036.