Terms of Use

 

Last updated: 11/19/2014

Thank you for visiting our website located at http://Spark101.org (the “Website”).  Spark 101 is an online educational resource operated by 114th Partnership, Inc., a 501(c)(3) organization formed under the laws of the State of Maryland (“114th Partnership”). Through the Website, 114th Partnership seeks to further its mission to engage students, educators, and organizations; to connect everyday problems that companies face to classroom teaching and learning; and to inspire students to pursue STEM coursework and careers. 

The Website is offered to you (referred to as “You”, “Your” or “User”) and Your children, as applicable, under the terms and conditions described below (the “Terms” or “Agreement”).  By using and accessing the Website, You on your own behalf and on behalf of Your children, are agreeing to these Terms, which will be considered a binding, legal agreement between You and 114th Partnership.  If You do not agree to the Terms, please discontinue Your access to and use of the Website immediately.

114th Partnership reserves the right, in its sole discretion, to change the Terms at any time and for any reason, and will publish a revised version of the Terms on the Website.  You are responsible for regularly reviewing the Terms.  Continued access to and use of the Website following any such change means You accept and will abide by the changes. 

Table of Contents:

1. Use of Website Content.

2. User Information; Privacy Notice.

3. Other Guidelines.

4. Consideration.

5. User Content License Grant; Representations and Warranties.

6. Copyright Agent.

7. Licensed Educational Content.

8. Prohibited Conduct.

9. Third-Party Sites, Products and Services; Links.

10. Ownership; Proprietary Rights.

11. Termination and Indemnification.

12. Disclaimers; No Warranties.

13. Limitation of Liability and Damages.

14. Miscellaneous.

 

 

 

 

 

1               Use of Website Content.  114th Partnership invites visitors to use its online content for personal, educational and other non-commercial purposes in accordance with these Terms. 

 

2               User Information; Privacy Notice. During the course of Your use of the Website, you may be asked to provide certain personalized information (the “User Information”).  Your privacy is important to 114th Partnership. 114th Partnership’s Privacy Policy is hereby incorporated into the Terms by reference. Please read the Privacy Policy carefully for information relating to 114th Partnership’s collection, use, and disclosure of User Information.

 

3               Other Guidelines.  When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

 

4               Consideration.  You acknowledge and agree that Your access to and use of the Website, the Licensed Educational Content (defined below), and the services provided through the Website are valuable benefits that You receive by agreeing to and complying with the terms and conditions set forth in these Terms.

 

5               User Content License Grant; Representations and Warranties.

 

5.1           User Content Generally.  114th Partnership may now or in the future permit the posting by You and other users of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Content”), and the hosting, sharing, and/or publishing of such User Content.  You understand that whether or not such User Content is published, 114th Partnership does not guarantee any confidentiality with respect to any submissions.

 

5.2           License Grant to 114th Partnership.  By submitting or distributing User Content through the Website, You hereby grant to 114th Partnership a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

 

5.3           License Grant to Users. By submitting or distributing User Content through the Website, You hereby grant to each user of the Website a non-exclusive license to access and use Your User Content. The foregoing license granted by You terminates as to specific User Content once You remove or delete such User Content from the Website; provided, however, that other users’ rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Website survive any termination or expiration of the license granted in this Section 5.3.

 

5.4           User Content Representations and Warranties.  You are solely responsible for your User Content and the consequences of posting or publishing same.  By uploading, submitting, creating, or publishing your User Content to or through the Website, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize 114th Partnership and other users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by You in Section 5.3 and in the manner contemplated by 114th Partnership and these Terms; (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.  114th Partnership reserves all rights and remedies against any User who violates these Terms of Service.

 

5.5           User Content Disclaimer.  You understand that when using the Website You may be exposed to User Content from a variety of sources, and that 114th Partnership is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content.  You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against 114th Partnership with respect thereto. 114th Partnership does not endorse any User Content or any opinion, recommendation or advice expressed therein, and 114th Partnership expressly disclaims any and all liability in connection with User Content.

 

6               Copyright Agent.  114th Partnership respects the intellectual property rights of others and requires that people who use the Website do the same.  If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to 114th Partnership’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), 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 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 in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Copyright Agent: Emily Rogers, Vice President, Operations

114th Partnership, 6010 Executive Boulevard, Suite 708

Rockville, MD 20852

Emily.Rogers@mcbre.org

 

7               Licensed Educational Content.

 

7.1           License. Unless indicated as being in public domain, all educational videos and other materials provided on or through the Website (the “Licensed Educational Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless otherwise indicated, all Licensed Educational Content is the property of 114th Partnership or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to You under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 United States License (available at https://creativecommons.org/licenses/by-nc-nd/3.0/us/) (the “Creative Commons License”). By accessing and/or downloading the Licensed Educational Content, You agree to comply with all the terms of the Creative Commons License.  114th Partnership reserves all rights in the Licensed Educational Content not expressly granted in the Terms.

 

7.2           License Restrictions.  The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, in accordance with the Creative Commons License, the Licensed Educational Content may not be used, distributed or otherwise exploited for “commercial advantage or private monetary compensation” unless otherwise agreed in writing by 114th Partnership. Without limiting the generality of the terms of the Creative Commons License, the following are examples of commercial and non-commercial uses of the Licensed Education Content:

 

COMMERCIAL USE

NON-COMMERCIAL USE

• Use in professional development programming that is part of a fee for service experience.

 

• Use by a for-profit or non-profit educational institution as part of its curriculum or otherwise for an associate, undergraduate and/or graduate degree program, or any other fee for service setting.

• Use by K-12 educators and their students for educational purposes.

 

 

• Use by youth groups such as the boy and/or girl scouts for educational purposes.

 

ANYONE WHO WISHES TO USE THE LICENSED EDUCATIONAL CONTENT OR ANY OTHER MATERIALS FOR A COMMERCIAL USE SHOULD FIRST CONTACT 114th PARTNERSHIP’S COPYRIGHT AGENT IDENTIFIED IN SECTION 6, ABOVE.

 

7.3           Crediting 114th Partnership.  The Creative Commons License requires attribution to 114th Partnership in association with Your use of the Licensed Educational Content. Accordingly, if You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content, You must also provide the following notice prominently along with the Licensed Educational Content: “All 114th Partnership content is available for free at www.spark101.org

 

8               Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:

 

8.1           Use the Website or any related services or materials for any commercial use or purpose unless expressly permitted by 114th Partnership in writing, it being understood that the Website and related services and materials are intended for personal, non-commercial use only;

 

8.2           Use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by 114th Partnership;

 

8.3           Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 10, below);

 

8.4           Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

 

8.5           Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

 

8.6           Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;

 

8.7           Delete the copyright or other proprietary rights notices on the Website, Licensed Educational Content, or User Content;

 

8.8           Assert, or authorize, assist, or encourage any third party to assert, against 114th Partnership or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content or User Content You have used, submitted, or otherwise made available on or through the Website;

 

8.9           Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

 

8.10        Use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

 

8.11        Defame, harass, abuse, threaten or defraud users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent;

 

8.12        Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content or User Content;

 

8.13        Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

 

8.14        Modify, adapt, translate or create derivative works based upon the Website or any part thereof, including any and all Licensed Educational Content, except and only to the extent expressly permitted by 114th Partnership herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or

 

8.15        Intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

 

 

9               Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to users (“Reference Sites”).  114th Partnership does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

 

10            Ownership; Proprietary Rights. The Website is owned and operated by 114th Partnership. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by 114th Partnership (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by users of the Website, all Materials contained on the Website are the property of 114th Partnership or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to 114th Partnership or its affiliates and/or third-party licensors. Except as expressly authorized by 114th Partnership, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. 114th Partnership reserves all rights to the Materials not expressly granted in the Terms.

 

11            Termination and Indemnification.

 

11.1        Termination.  114th Partnership may terminate, change, suspend or discontinue any aspect of the Website at any time and for any reason.  114th Partnership may restrict, suspend or terminate Your access to the Website and/or this Agreement if it reasonably believes or suspects that You have acted inappropriately on the Website or are in breach of these Terms or applicable law, or for any other reason without notice or liability.  You may terminate this Agreement by discontinuing your use of and access to the Website.  Upon any termination of this Agreement, You agree to discontinue Your use and access of the Website and to immediately destroy all Materials obtained from it.

 

11.2        Indemnification. You agree to indemnify, defend, and hold harmless 114th Partnership, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“114th Partnership Indemnitees”) from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein.  114th Partnership reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify 114th Partnership, and You agree to cooperate with 114th Partnership’s defense of these claims. 114th Partnership will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

 

 

 

12            Disclaimers; No Warranties.

 

12.1        No Warranties.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 114th Partnership, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE, THE LICENSED EDUCTATIONAL CONTENT AND ALL MATERIALS. No advice or information, whether oral or written, obtained by You from 114th Partnership or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section 12, the term 114th Partnership includes 114th Partnership’s officers, directors, employees, MEMBERS, agents, licensors and subcontractors.

 

12.2        “As is” and “As available” and “With All Faults”.  You expressly agree that use of the Website is at your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.  the website contains information of a general nature only and you are responsible for determining whether it applies to your specific situation.  114th partnership specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided through the website.

 

12.3        Content.  114th Partnership, its suppliers, licensors, affiliates, and partners do not warrant that the data, User Content, functions, or any other information offered on or through the Website or any Reference Sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

 

 

 

12.4        Accuracy.  114th Partnership, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Website or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.

 

12.5        Harm to Your Computer. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Website (including rss feeds) or any Reference Sites at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system) or loss of data that results from the download or use of such material or data.

 

13            Limitation of Liability and Damages.

 

13.1        Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 114th Partnership OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE or any reference sites, OR ANY OTHER INTERACTIONS WITH 114th Partnership, EVEN IF 114th Partnership OR A 114th Partnership AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 114th Partnership’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

13.2        Limitation of Damages.  IN NO EVENT WILL 114th Partnership’s OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE or any licensed educational content, OR your interaction with OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

 

13.3        These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any Reference Sites or otherwise by third parties other than 114th Partnership and received through or advertised on the Website or received through any Reference Sites.

 

13.4        Basis of the Bargain.  You acknowledge and agree that 114th Partnership has offered its products and services, set its prices, and entered into the Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and 114th Partnership, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and 114th Partnership.  114th Partnership would not be able to provide the Website to You on an economically reasonable basis without these limitations.

 

13.5        Limitations by Applicable Law.  Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

 

14            Miscellaneous.

 

14.1        Notice.  114th Partnership may provide You with notices, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless 114th Partnership is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.

 

14.2        Waiver.  The failure of 114th Partnership to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by 114th Partnership.

 

14.3        Governing Law; Jurisdiction.  This Agreement is governed by and is construed in accordance with the laws of the State of Maryland, U.S.A, without regard to conflicts of law provisions.  You consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, and/or the United States District Court for the District of Maryland, Greenbelt Division, in all disputes arising out of or relating to Your use of the Website, the Licensed Educational Content, or otherwise.  Notwithstanding the foregoing, 114th Partnership shall have the right to bring action against visitors of the Website in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against a visitor, (ii) to obtain a judgment against a visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against a visitor in a Maryland court. 

 

14.4        Severability.  If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

14.5        Assignment.  The Terms, any Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 114th Partnership without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

 

14.6        Survival.  Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 11 through 13.

 

14.7        Headings.  The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

14.8        Entire Agreement. The Terms, the Privacy Policy and any Guidelines constitute the entire agreement between You and 114th Partnership relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by 114th Partnership in accordance with the Terms.

 

14.9        Claims. YOU AND 114TH PARTNERSHIP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

 

 

SPARK 101 TERMS OF USE

Last Updated: ____________________

Thank you for visiting our website located at http://Spark101.org (the “Website”).  Spark 101 is an online educational resource operated by 114th Partnership, Inc., a 501(c)(3) organization formed under the laws of the State of Maryland (“114th Partnership”). Through the Website, 114th Partnership seeks to further its mission to engage students, educators, and organizations; to connect everyday problems that companies face to classroom teaching and learning; and to inspire students to pursue STEM coursework and careers. 

The Website is offered to you (referred to as “You”, “Your” or “User”) and Your children, as applicable, under the terms and conditions described below (the “Terms” or “Agreement”).  By using and accessing the Website, You on your own behalf and on behalf of Your children, are agreeing to these Terms, which will be considered a binding, legal agreement between You and 114th Partnership.  If You do not agree to the Terms, please discontinue Your access to and use of the Website immediately.

114th Partnership reserves the right, in its sole discretion, to change the Terms at any time and for any reason, and will publish a revised version of the Terms on the Website.  You are responsible for regularly reviewing the Terms.  Continued access to and use of the Website following any such change means You accept and will abide by the changes. 

Table of Contents:

1. Use of Website Content.

2. User Information; Privacy Notice.

3. Other Guidelines.

4. Consideration.

5. User Content License Grant; Representations and Warranties.

6. Copyright Agent.

7. Licensed Educational Content.

8. Prohibited Conduct.

9. Third-Party Sites, Products and Services; Links.

10. Ownership; Proprietary Rights.

11. Termination and Indemnification.

12. Disclaimers; No Warranties.

13. Limitation of Liability and Damages.

14. Miscellaneous.

 

 

 

 

 

1               Use of Website Content.  114th Partnership invites visitors to use its online content for personal, educational and other non-commercial purposes in accordance with these Terms. 

 

2               User Information; Privacy Notice. During the course of Your use of the Website, you may be asked to provide certain personalized information (the “User Information”).  Your privacy is important to 114th Partnership. 114th Partnership’s Privacy Policy is hereby incorporated into the Terms by reference. Please read the Privacy Policy carefully for information relating to 114th Partnership’s collection, use, and disclosure of User Information.

 

3               Other Guidelines.  When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

 

4               Consideration.  You acknowledge and agree that Your access to and use of the Website, the Licensed Educational Content (defined below), and the services provided through the Website are valuable benefits that You receive by agreeing to and complying with the terms and conditions set forth in these Terms.

 

5               User Content License Grant; Representations and Warranties.

 

5.1           User Content Generally.  114th Partnership may now or in the future permit the posting by You and other users of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Content”), and the hosting, sharing, and/or publishing of such User Content.  You understand that whether or not such User Content is published, 114th Partnership does not guarantee any confidentiality with respect to any submissions.

 

5.2           License Grant to 114th Partnership.  By submitting or distributing User Content through the Website, You hereby grant to 114th Partnership a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

 

5.3           License Grant to Users. By submitting or distributing User Content through the Website, You hereby grant to each user of the Website a non-exclusive license to access and use Your User Content. The foregoing license granted by You terminates as to specific User Content once You remove or delete such User Content from the Website; provided, however, that other users’ rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Website survive any termination or expiration of the license granted in this Section 5.3.

 

5.4           User Content Representations and Warranties.  You are solely responsible for your User Content and the consequences of posting or publishing same.  By uploading, submitting, creating, or publishing your User Content to or through the Website, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize 114th Partnership and other users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by You in Section 5.3 and in the manner contemplated by 114th Partnership and these Terms; (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.  114th Partnership reserves all rights and remedies against any User who violates these Terms of Service.

 

5.5           User Content Disclaimer.  You understand that when using the Website You may be exposed to User Content from a variety of sources, and that 114th Partnership is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content.  You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against 114th Partnership with respect thereto. 114th Partnership does not endorse any User Content or any opinion, recommendation or advice expressed therein, and 114th Partnership expressly disclaims any and all liability in connection with User Content.

 

6               Copyright Agent.  114th Partnership respects the intellectual property rights of others and requires that people who use the Website do the same.  If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to 114th Partnership’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), 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 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 in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Copyright Agent: Emily Rogers, Vice President, Operations

114th Partnership, 6010 Executive Boulevard, Suite 708

Rockville, MD 20852

Emily.Rogers@mcbre.org

 

7               Licensed Educational Content.

 

7.1           License. Unless indicated as being in public domain, all educational videos and other materials provided on or through the Website (the “Licensed Educational Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless otherwise indicated, all Licensed Educational Content is the property of 114th Partnership or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to You under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 United States License (available at https://creativecommons.org/licenses/by-nc-nd/3.0/us/) (the “Creative Commons License”). By accessing and/or downloading the Licensed Educational Content, You agree to comply with all the terms of the Creative Commons License.  114th Partnership reserves all rights in the Licensed Educational Content not expressly granted in the Terms.

 

7.2           License Restrictions.  The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, in accordance with the Creative Commons License, the Licensed Educational Content may not be used, distributed or otherwise exploited for “commercial advantage or private monetary compensation” unless otherwise agreed in writing by 114th Partnership. Without limiting the generality of the terms of the Creative Commons License, the following are examples of commercial and non-commercial uses of the Licensed Education Content:

 

COMMERCIAL USE

NON-COMMERCIAL USE

• Use in professional development programming that is part of a fee for service experience.

 

• Use by a for-profit or non-profit educational institution as part of its curriculum or otherwise for an associate, undergraduate and/or graduate degree program, or any other fee for service setting.

• Use by K-12 educators and their students for educational purposes.

 

 

• Use by youth groups such as the boy and/or girl scouts for educational purposes.

 

ANYONE WHO WISHES TO USE THE LICENSED EDUCATIONAL CONTENT OR ANY OTHER MATERIALS FOR A COMMERCIAL USE SHOULD FIRST CONTACT 114th PARTNERSHIP’S COPYRIGHT AGENT IDENTIFIED IN SECTION 6, ABOVE.

 

7.3           Crediting 114th Partnership.  The Creative Commons License requires attribution to 114th Partnership in association with Your use of the Licensed Educational Content. Accordingly, if You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content, You must also provide the following notice prominently along with the Licensed Educational Content: “All 114th Partnership content is available for free at www.spark101.org

 

8               Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:

 

8.1           Use the Website or any related services or materials for any commercial use or purpose unless expressly permitted by 114th Partnership in writing, it being understood that the Website and related services and materials are intended for personal, non-commercial use only;

 

8.2           Use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by 114th Partnership;

 

8.3           Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 10, below);

 

8.4           Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

 

8.5           Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

 

8.6           Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;

 

8.7           Delete the copyright or other proprietary rights notices on the Website, Licensed Educational Content, or User Content;

 

8.8           Assert, or authorize, assist, or encourage any third party to assert, against 114th Partnership or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content or User Content You have used, submitted, or otherwise made available on or through the Website;

 

8.9           Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

 

8.10        Use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

 

8.11        Defame, harass, abuse, threaten or defraud users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent;

 

8.12        Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content or User Content;

 

8.13        Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

 

8.14        Modify, adapt, translate or create derivative works based upon the Website or any part thereof, including any and all Licensed Educational Content, except and only to the extent expressly permitted by 114th Partnership herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or

 

8.15        Intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

 

 

9               Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to users (“Reference Sites”).  114th Partnership does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

 

10            Ownership; Proprietary Rights. The Website is owned and operated by 114th Partnership. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by 114th Partnership (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by users of the Website, all Materials contained on the Website are the property of 114th Partnership or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to 114th Partnership or its affiliates and/or third-party licensors. Except as expressly authorized by 114th Partnership, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. 114th Partnership reserves all rights to the Materials not expressly granted in the Terms.

 

11            Termination and Indemnification.

 

11.1        Termination.  114th Partnership may terminate, change, suspend or discontinue any aspect of the Website at any time and for any reason.  114th Partnership may restrict, suspend or terminate Your access to the Website and/or this Agreement if it reasonably believes or suspects that You have acted inappropriately on the Website or are in breach of these Terms or applicable law, or for any other reason without notice or liability.  You may terminate this Agreement by discontinuing your use of and access to the Website.  Upon any termination of this Agreement, You agree to discontinue Your use and access of the Website and to immediately destroy all Materials obtained from it.

 

11.2        Indemnification. You agree to indemnify, defend, and hold harmless 114th Partnership, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“114th Partnership Indemnitees”) from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein.  114th Partnership reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify 114th Partnership, and You agree to cooperate with 114th Partnership’s defense of these claims. 114th Partnership will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

 

 

 

12            Disclaimers; No Warranties.

 

12.1        No Warranties.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 114th Partnership, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE, THE LICENSED EDUCTATIONAL CONTENT AND ALL MATERIALS. No advice or information, whether oral or written, obtained by You from 114th Partnership or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section 12, the term 114th Partnership includes 114th Partnership’s officers, directors, employees, MEMBERS, agents, licensors and subcontractors.

 

12.2        “As is” and “As available” and “With All Faults”.  You expressly agree that use of the Website is at your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.  the website contains information of a general nature only and you are responsible for determining whether it applies to your specific situation.  114th partnership specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided through the website.

 

12.3        Content.  114th Partnership, its suppliers, licensors, affiliates, and partners do not warrant that the data, User Content, functions, or any other information offered on or through the Website or any Reference Sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

 

 

 

12.4        Accuracy.  114th Partnership, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Website or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.

 

12.5        Harm to Your Computer. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Website (including rss feeds) or any Reference Sites at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system) or loss of data that results from the download or use of such material or data.

 

13            Limitation of Liability and Damages.

 

13.1        Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 114th Partnership OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE or any reference sites, OR ANY OTHER INTERACTIONS WITH 114th Partnership, EVEN IF 114th Partnership OR A 114th Partnership AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 114th Partnership’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

13.2        Limitation of Damages.  IN NO EVENT WILL 114th Partnership’s OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE or any licensed educational content, OR your interaction with OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

 

13.3        These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any Reference Sites or otherwise by third parties other than 114th Partnership and received through or advertised on the Website or received through any Reference Sites.

 

13.4        Basis of the Bargain.  You acknowledge and agree that 114th Partnership has offered its products and services, set its prices, and entered into the Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and 114th Partnership, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and 114th Partnership.  114th Partnership would not be able to provide the Website to You on an economically reasonable basis without these limitations.

 

13.5        Limitations by Applicable Law.  Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

 

14            Miscellaneous.

 

14.1        Notice.  114th Partnership may provide You with notices, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless 114th Partnership is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.

 

14.2        Waiver.  The failure of 114th Partnership to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by 114th Partnership.

 

14.3        Governing Law; Jurisdiction.  This Agreement is governed by and is construed in accordance with the laws of the State of Maryland, U.S.A, without regard to conflicts of law provisions.  You consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, and/or the United States District Court for the District of Maryland, Greenbelt Division, in all disputes arising out of or relating to Your use of the Website, the Licensed Educational Content, or otherwise.  Notwithstanding the foregoing, 114th Partnership shall have the right to bring action against visitors of the Website in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against a visitor, (ii) to obtain a judgment against a visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against a visitor in a Maryland court. 

 

14.4        Severability.  If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

14.5        Assignment.  The Terms, any Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 114th Partnership without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

 

14.6        Survival.  Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 11 through 13.

 

14.7        Headings.  The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

14.8        Entire Agreement. The Terms, the Privacy Policy and any Guidelines constitute the entire agreement between You and 114th Partnership relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by 114th Partnership in accordance with the Terms.

 

14.9        Claims. YOU AND 114TH PARTNERSHIP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

14.10     Disclosures.  The Website is hosted in the United States, and the services provided hereunder are offered by 114th Partnership: 6010 Executive Boulevard, Suite 708, Rockville, MD 20852.