Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://resources.smallablearning.com/terms). SMALLab may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The Service may contain links to third party websites that are not owned or controlled by SMALLab. SMALLab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SMALLab will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve SMALLab from any and all liability arising from your use of any third-party website.
You must be over the age of 13 to create your own account. However, a teacher, school, school district, or other institution can create accounts on behalf of the students they serve. If account consent is provided by an educational provider so they may use SMALLab products as part of their educational mission, account holders may be under the age of 13.
Although SMALLab will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SMALLab or others due to such unauthorized use.
You agree not to use the Service for any of the following commercial uses unless you obtain SMALLab's prior written approval:
Prohibited commercial uses do not include:
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the SMALLab servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SMALLab grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SMALLab reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
SMALLab reserves the right to discontinue any aspect of the Service at any time.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to SMALLab, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by SMALLab on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of SMALLab or the respective licensors of the Content. SMALLab and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that SMALLab is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to 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 SMALLab with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SMALLab, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to SMALLab all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to SMALLab, you hereby grant SMALLab a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and SMALLab's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that SMALLab may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SMALLab all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the SMALLab Community Guidelines, currently found at http://resources.smallablearning.com/community, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
SMALLab does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SMALLab expressly disclaims any and all liability in connection with Content. SMALLab does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and SMALLab will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SMALLab reserves the right to remove Content without prior notice.
SMALLab reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or adherence to our Coummunity Guidelines (http://resources.smallablearning.com/community). SMALLab may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to SMALLab, 307 Birch Circle, Chapel Hill, NC 27517, email: firstname.lastname@example.org, fax: 650-872-8513. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SMALLab customer service through http://resources.smallablearning.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
YOU SPECIFICALLY ACKNOWLEDGE THAT SMALLAB LEARNING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by SMALLab from its facilities in the United States of America. SMALLab makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you are creating an account on behalf of a student, you affirm that you are authorized to provide consent for account creation on behalf of this student, and that you are doing so in order to support educational experiences for the student as part of your institutional mission.