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.
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.
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.
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.
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.
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.
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:
(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:
- 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 site are covered by a single notification, a representative list of such works at that site.
- 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.
- Information reasonably sufficient for us to contact you, such as email, address, telephone number.
- 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.
- 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:
Chief Operating Officer
247 West 35th Street, 8th Floor
New York, NY 10001
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
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