This is a legal agreement (“Agreement”) between you and the Voxitatis Research Foundation, a Maryland nonprofit, non-stock corporation (“Voxitatis”), which may be contacted at 100 INTERNATIONAL DRIVE, SUITE 2300, BALTIMORE, MD 21202 USA. By accessing the Voxitatis web site, currently located at schoolsnapshots.org and schoolsdo.org (the “Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be listed in this Agreement.
The Voxitatis services consist of the following, without limitation: an interactive forum on which members of the general public, especially educators in states using the Next Generation Science Standards in K-12 classrooms, post information of interest to schools and other members of the larger community (collectively, the “Services”). Voxitatis may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Voxitatis also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Voxitatis in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. This agreement was last revised on April 2, 2016.
Criminal History. By requesting to use and/or using the Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. VOXITATIS DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. However, Voxitatis reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
Age. You are not allowed to use the Site if you are under age 13 without the permission of your parent or legal guardian. If you are the legal guardian of a person under 13 years old who, you discover, has used the Services on the Site, notify us in writing immediately at our office and by email. We will immediately remove the account. However, persons under 13 years old may read the content without parental consent.
2. Use of Site and Service
As a user of the Site, you agree to the following:
(A) Exclusive Use. Your login email address is intended for your personal use only, but Voxitatis does not check the uniqueness of email addresses or their functoinality. You acknowledge that Voxitatis is not responsible for third-party use of your name if you have made it available to other viewers of our Site.
(B) Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National,” or (iii) placed on the Commerce Department’s Table of Deny Orders. Use of the Services is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
(C) Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Users through the Services. In brief, by submitting to us, you promise that the content is original, does not plagiarize from anyone or infringe a copyright or trademark, does not violate anyone’s rights, and is not libelous or otherwise unlawful or misleading. You are agreeing that we can use your submission in all manner and media of Voxitatis.
(D) Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others.
(E) No Guarantees. Voxitatis does not guarantee that any information you post will be read by any other users. Further, Voxitatis makes no guarantees as to the number or frequency of readers or Users on the Site, or to such users’ ability, desire, or criteria to communicate with any other user. You understand that Voxitatis makes no guarantees, either express or implied, regarding the conduct of individuals who may read the information you post.
(F) Reporting of Violations. You will promptly report to Voxitatis any violation of the Agreement by others, including but not limited to, other Users of the services. This is most commonly done by selecting the “Report as Inappropriate” link near each post by a User.
(G) Content Removal. Voxitatis reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Voxitatis will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
(H) Posting and Communication Restrictions. In addition to the foregoing, you will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, or otherwise objectionable;
- in addition to the foregoing, describes schools or students as anything other than what they are (e.g., talks about third graders as eighth graders or high school football players as NFL players);
- contains others’ copyrighted content (music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- is intended to defraud, swindle or deceive other users of the Services;
- contains an excessive amount of links, images, or non-standard written English, including without limitation, acronyms for which we cannot determine the meaning;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, of insufficient length to determine relevancy, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
(I) No False Information. You will not provide inaccurate, misleading or false information to Voxitatis or to any other user. If information provided to Voxitatis or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Voxitatis of such change.
(J) No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Voxitatis, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Voxitatis $50 for each such unsolicited communication you send through the Services.
(K) No Harassment of Voxitatis Employees or Agents. You will not harass, annoy, intimidate or threaten any Voxitatis employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights
Ownership of Proprietary Information. You hereby acknowledge and agree that Voxitatis is the owner of highly valuable proprietary information (collectively, “Confidential Information”). Voxitatis owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Other Users’ Information. Other Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Voxitatis or third party proprietary information available via the Services or the Site.
License to Posted Content. By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Voxitatis and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, in all languages, to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
4. Disclaimer of Warranty
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. VOXITATIS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VOXITATIS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. VOXITATIS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Third Party Content. Opinions, advice, statements, or other information or content made available through the Services, but not directly by Voxitatis, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. VOXITATIS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN VOXITATIS. UNDER NO CIRCUMSTANCES WILL VOXITATIS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, Voxitatis may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Voxitatis’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
5. Limitation of Liability
Incidental Damages and Aggregate Liability. IN NO EVENT WILL VOXITATIS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF VOXITATIS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL VOXITATIS’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE SUBSCRIPTION PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID VOXITATIS FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for non-Voxitatis Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOXITATIS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS ON THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. Voxitatis and/or its contractors may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that Voxitatis and its contractors will have no liability to you arising from any incorrectly verified information.
6. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or to advise you of any opinion Voxitatis or other Users have formed regarding any information you post.
7. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder.
Voxitatis reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement. You may terminate your account by sending a notice of cancellation to us at our office. Following any termination of any User’s use of the Service, Voxitatis reserves the right to send a notice thereof to other Users, schools, or groups with whom you have corresponded.