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Terms of Use

1. Acceptance of the Terms

Welcome to EL Education (EL) (aka “we,” “us,” or “the Company”), a variety of platforms for educators and education professionals brought to you by EL.

The following terms and conditions (collectively, these "Terms of Use") apply to your use of www.ELeducation.org, www.commoncoresuccess.ELeducation.org, www.elcommonground.ning.com and www.modelsofexcellence.ELeducation.org, including any content, functionality and services offered on or via www.ELeducation.org (the "Website"). The Terms of Service also include our Privacy Policy.

Please read the Terms of Use carefully before you start using the website, because by using the Website you accept and agree to be bound and abide by these Terms of Use. Should you disagree with some of the provisions herein, you can either leave the Website or contact us at email here.

EL Education is committed to creating classrooms where teachers can fulfill their highest aspirations and where students can achieve more than they think possible. It is for this reason that we make our publications, resources, presentations, learning tools, professional development tools, and collection of student work readily available to users.

2. Changes to the Terms of Use and the Website

We reserve the right to update the Website and these Terms of Use from time to time, at our discretion and without notice. Your continued use of the Website following the publishing of updated Terms of Use means that you accept and agree to the changes.

3. Accessing the Website, Security and Privacy

We can't guarantee that the Website will be up and running at all times. We reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You may use EL websites without registration, but in order to take advantage of certain aspects, you may need to register for an account. Your account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. EL reserves the right to terminate your account if you do not adhere to our registration requirements as outlined above.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Use.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free.

We take protection of your personal information seriously, and we manage your personal data according to our Privacy Policy.

4. Conditions of Use

Except as expressly provided to the contrary, EL invites noncommercial use of its publications, resources, presentations, learning tools, professional development tools, and collection of student work. You are free to download materials and share them with others as long as they are not altered in any way, and as long as EL and, if applicable, an author, is given proper attribution. When referring to EL websites in this document, all EL web properties (elschools.org, commoncoresuccess.elschools.org/, elcommonground.ning.com/, centerforstudentwork.elschools.org, and any other web properties belonging to EL) are included.

If you’re interested in uses not outlined above, commercial or other, you must obtain written permission, and in certain instances, you will also be required to pay a fee. For more information on how to attain materials for commercial or other uses that are not explicitly included in the noncommercial terms of use as listed above, please contact Emily Williams at ewilliams@ELeducation.org.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on EL Education websites. Further, you may not use any such automated means to manipulate EL Education websites or attempt to exceed the limited authorization and access granted to you under this Terms of Use. You may not resell use of, or access to, EL Education websites to any third party.

5. User Content

EL may permit you to upload content to use in connection with features available on certain EL Education websites (Models of Excellence).

By submitting photos, videos, comments, student work, and other digital content to EL Education via EL Education properties, Youtube, Vimeo, Flickr, Facebook, Instagram, Twitter, or any other social media or digital platform, you grant EL Education a non-exclusive, transferable, royalty-free, worldwide license to use any content that you post on EL Education web properties and media platforms, or in connection with EL Education.

You hereby grant EL Education a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any content posted or transmitted by you, to or through any EL Education websites.

EL Education is under no obligation to screen or monitor content added to EL Education websites, but may review content from time to time at its sole discretion to review compliance with these Terms of Use. EL Education may include, edit or remove any content posted to EL websites at any time without notice.

You are solely responsible for your user content and the consequences of posting and publishing them. By uploading and publishing your user content, notwithstanding anything to the contrary in the terms of the license under which you shared any user content with EL Education, you affirm, represent, and warrant that:

(a) you are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use and to authorize EL and our users to use your user content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by EL Education and this Terms of Use;

(b) your user content does not and will not: (1) 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 (2) slander, defame, or libel any other person; and

(c) Your user content does not contain any viruses, adware, spyware, worms, or other malicious code.

(d) Your user content is free of any digital rights management protections or functionality, including any software designed to limit the number of times User Content may be copied or played.

6. Individual Features and Services

When using EL Education websites, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time.

7. Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
  5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to EL’s designated agent as follows:

Kemi Akinsanya-Rose
Chief Operating Officer
247 West 35th Street, 8th Floor
New York, NY 10001
Fax: 212.239.8287
E-mail: kakinsanya@ELeducation.org

It is EL’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

8. Disclaimers of Warranty, Limitations of Liability and Indemnification

Your use of the Website is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

9. Severability and Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you and EL Education and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

10. International Access

EL Education websites are provided from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the EL Education websites. EL Education makes no representations regarding the legality of the EL Education websites in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.

11. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.