2Revolutions: TERMS OF SERVICE
Effective date: September 11, 2018
THE FOLLOWING TERMS OF SERVICE DESCRIBE THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE InspirED social learning software platform.
These terms of service (these “Terms”) govern your access to and use of the software platform, InspirED, of Two Revolutions LLC (“2Revolutions,” “we” or “us”), including any content, functionality and services offered on or through InspirED, or remotely through any InspirED applications (collectively, the “Services”), so please read them carefully before using the Services. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@2Revolutions.net.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
You promise to only use the Services for your personal educational use or on behalf of a school district or other organization, in a manner that complies with all applicable laws, and in accordance with your current organization’s contracted agreement with 2Revolutions, if one exists. If your use of the Services is prohibited by applicable laws or outside the scope of your organization’s contracted agreement with 2Revolutions, you are not authorized to use the Services. We are not liable or responsible for your use of the Services in a way that violates your organization’s contracted agreement with 2Revolutions, or any applicable laws.
You also agree not to:
The Services and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by 2Revolutions and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your own personal and organizational purposes only. You are granted a limited, non-‐transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services (other than your User Content as defined below), except as follows:
Some Content available on InspirED may be designated by the Content provider/author as being licensed to you under the Creative Commons Attribution 4.0 International License (the "CC BY 4.0 License”), a copy of which is available at [https://creativecommons.org/licenses/by/4.0/] (“CC BY Content”). By downloading or accessing such CC BY Content, you agree to comply with all the terms of the CC BY 4.0 License. The CC BY 4.0 License requires attribution to the Content provider in association with your use of the CC BY Content. If you reproduce or share (including distribute, publicly perform or display, publish, communicate, import or otherwise make available) the CC BY Content, or if you produce, reproduce or share any adaptation or modification thereof, then you must: (i) retain the following if it is supplied by the Content provider with the CC BY Content: (1) identification of the creator(s) of the CC BY Content and any others designated to receive attribution, in any reasonable manner requested by the Content provider; (2) a copyright notice; (3) a notice that refers to the CC BY 4.0 License; (4) a notice that refers to the disclaimer of warranties in the CC BY 4.0 License ; and (5) a URI or hyperlink to the CC BY Content to the extent reasonably practicable.
In connection with your use of the Service or its contents, you will not (a) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (b) remove any copyright, trademark or other proprietary rights notices contained in the InspirED platform or with respect to the Service; (c) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (d) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (f) "frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service or the site in order to direct any person to any other website for any purpose; (g) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the portal, website or any software used on or for the Service or cause others to do so; or (h) use the Services in connection with any commercial endeavors whatsoever without our express prior written consent.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by 2Revolutions. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The 2Revolutions name and logo are trademarks of 2Revolutions, LLC. You must not use this name and logo without the prior written permission of 2Revolutions. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
As a subscriber, you may post, submit, publish, display, or transmit (hereinafter, “post”) various content or materials via the Services. In addition, the Services may offer message boards, chat rooms, forums, bulletin boards, and other interactive features. Any 2Revolutions subscriber-‐posted content or materials are referred to in these Terms as “User Content.”
All User Content must comply with the content standards set out in these Terms.
Any User Content you post to the Services will be considered non-‐confidential. Your User Content belongs to you; however, by posting your User Content on the Services, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content for the purpose of providing and promoting the Services, including but not limited to (i) marketing and advertising materials relating to the Services, (ii) 2Revolutions blog postings, social media accounts and trade events, and (iii) communications with potential investors and business partners. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant 2Revolutions and its affiliates the rights granted herein. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless 2Revolutions and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not 2Revolutions, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; and we accept no responsibility or liability for such activity.
Any content and/or opinions uploaded, expressed, or submitted to the Services, and all articles and responses to questions and other content, other than the content provided by 2Revolutions, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of 2Revolutions. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services.
These content standards apply to any and all User Content and interactive services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Content must not:
We have the right to:
However, you understand and agree that we can neither review all material before it is posted on the Services nor 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 parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
2Revolutions has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, 2Revolutions will not and cannot monitor, verify, censor or edit the features or content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with other institutions, organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations, institutes, and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that 2Revolutions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If you believe that your work has been copied via the Services in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Our Copyright Agent for notice of claims of copyright infringement regarding the Services can be reached by email at email@example.com.
InspirED is a dynamic social collaboration and learning platform, so the Services will change over time. We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services at any time. We will try to give you notice when we make a material change to the Services that would affect you. Similarly, we reserve the right to remove any User Content from the Services at any time, for any reason without any reason, and without notice.
These Terms are effective upon your use of the Services and upon the posting dates of any subsequent amendments to this Agreement for all current users. You have the right to terminate your 2Revolutions account at any time by contacting us at firstname.lastname@example.org. Upon termination of your account, your user profile will be removed from the Services, your User Content may be removed from the Services, and your User Content will not be available to you. However, you understand that 2Revolutions is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. 2Revolutions has no obligation to maintain or provide User Content of a subscriber after account termination and may delete all content provided unless legally prohibited from doing so.
2Revolutions may terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms. 2Revolutions has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Your access to and use of the portal and website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the website or any other reason within or outside of our control. We reserve the right to suspend or discontinue the availability of the website and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the website and the Services without notice or liability. The website should not be used or solely relied upon for storage of your Content or data. Your Content and data is exportable and you are directed to retain your own copies of all Content posted on the website
2Revolutions does not make any representations or warranties concerning any Content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from 2Revolutions or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product)
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-‐virus protection and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-‐OF-‐SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-‐IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-‐ INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-‐FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL 2REVOLUTIONS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
You agree to indemnify and hold 2Revolutions, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without 2Revolutions’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
These Terms are governed by and will be construed under the laws of the State of New York. All claims arising out of or relating to these Terms or the Services must be litigated exclusively in the federal or state courts of New York, and both parties consent to venue and personal jurisdiction there.
The following provisions apply to users and non-users who interact with 2Revolutions outside the United States: (a) You consent to having your personal data transferred to and processed in the United States; and (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on InspirED (such as advertising or payments) or operate a platform application or website. You will not use InspirED if you are prohibited from receiving products, services, or software originating from the United States.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and 2Revolutions agree that these Terms are the complete and exclusive statement of the mutual understanding between you and 2Revolutions, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind 2Revolutions in any respect whatsoever.
Effective Date: September 11, 2018
This policy does not apply to websites or practices of companies that we do not own or control, or to individuals that we do not employ or manage, including providers of third party software or content.
Information You Provide to Us
We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This includes information provided in your registration process and may include, without limitation, Personal Information such as your name, user name, email address, learning profile, user profile, and any other information necessary for us to provide our Services.
Information Collected Automatically
We receive and store certain types of usage information whenever you interact with the Services; this information is not Personal Information. For example, we automatically receive and record information on our server logs from your browser including your IP address, cookie information, and the page you requested. We also record the details of your activity on the Services, and the number and frequency of visitors to our site and its components, the types of content you view or engage with and the frequency and duration of your activities.
InspirED is a shared space for connecting and accelerating educator learning. It is expressly intended that educators can and will access content posted or provided on InspirED (such as professional learning resources) and use that content for a variety of learning purposes.
It is expressly intended that Content will be delivered to users where it may be relevant to their interests or needs. InspirED is expressly designed to allows content creators and learning leaders to connect to groups of learners and share resources and personalized learning goals based on diagnostic assessments. To accomplish these goals, we collect information about your knowledge and skill levels, the content you access, the people and groups you are connected to and how you interact with them, and the groups you like to share with.
Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our systems to recognize your computer or device and tell us how and when pages in our site are visited and by how many people. 2Revolutions’ cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your username or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you may not be able to log in or use many of the Services’ most attractive features without cookies enabled. The Services may also contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Services are used.
The Services allows for tracking use behavior and has an affiliation with the Learning Commons, a professional learning site, that also allows for tracking use behavior. It you would like to opt out of the Services’ and Learning Commons’ anonymous tracking xAPI, please click here.
When you use the Services, you may set up your personal profile, send messages, perform searches and queries, and transmit information through various channels, depending on the category of user ("User Category") you are registered as, and as permitted by the functionality of the Services. The information we gather from users enables us to personalize and improve our services, and allows users to set up a user account and profile through the Services.
The Personal Information you provide is used for such purposes as responding to your requests for certain information and services, customizing your experience, and communicating with you about the Services. We also use Personal Information for creating your individual account, customizing your experience, and for sending you notifications via the Services (“Notifications”).
The only personal information about you that we collect is information you voluntarily give us. This information may include:
We will only use your personal information (i) for the purpose you provided it, such as to present the Services and its content to you, (ii) to notify you about 2Revolutions events or services, and (iii) for the purpose of aggregated statistical analysis regarding how you and others use our Services, in order to improve our Services. For any other use, we will first obtain your explicit consent.
We will not sell or rent your personal information to anyone. We will not disclose your personal information to any third party outside of our organization, other than:
As you use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and usage patterns. The information we collect automatically is statistical data and does not include personal information. We use this information solely for internal purposes, such as to improve our website.
The technologies we use for this automatic data collection include cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser.
Your email address
2Revolutions uses this type of aggregate data to enable us to figure out how often users use parts of the Services, to develop preferences and learning profiles, to deliver content, and target content and resources to our users so that we can make the Services appealing and relevant to as many users as possible, and customize and improve those Services.
We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the content, people or things you’re connected to and interested in on and off our Services.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
We use your information to send you marketing communications, to send targeted learning content to you, and communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us. We use the information we have to improve our frameworks, data models, analytics, advertising and measurement systems so we can show you relevant content on and off our Services and measure the effectiveness and reach of our services.
As part of our use of information, we may provide aggregate information to our partners (in a non-personally-identifiable format) about how our users use our site. We share this type of statistical data so that our partners also understand how often people use our partners' content and to help provide you with an optimal online experience. We may link usage information to Personal Information that we collect through the Services, but we will only use this linked information internally (for example, to customize your experience), and will not disclose it in linked format to third parties.
Resale of Personal Information
We neither rent nor sell your Personal Information; we may share your Personal Information and - in personally identifiable form only as described below. Again, please note that references to "Personal Information".
Businesses We Do Not Control
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include sending email, analyzing data, and providing user services. Unless we tell you differently, 2Revolutions' agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
If 2Revolutions, or some all of its assets were acquired or otherwise transferred, or in the unlikely event that 2Revolutions goes out of business or enters bankruptcy, user information may be transferred to or acquired by a third party.
Protection of 2Revolutions and Others
We may release Personal Information when we believe in good faith that release is necessary to comply with the law (such as to comply with a subpoena); enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of 2Revolutions, our employees, our users, or others. We will try to give you notice if we release information for these reasons, but please understand that we reserve the right not to, as it may not be practical, legal, or safe to do so.
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services. Any transmission of personal information is at your own risk. We are not responsible for the circumvention by any third party of any privacy settings or security measures contained in the Services.
Opt Out Policy
You can always opt not to disclose information, even though it may be needed to take advantage of certain of our features.
You may request deletion of your 2Revolutions account by contacting us at info@2Revolutions.net. Please note that some unrevised information may remain in our records after revision of such information or deletion of your account, or in cached and archived pages. Some information may remain viewable elsewhere to the extent that it was copied or stored by other users. We may use any aggregated data derived from or incorporating your Personal Information after you delete your information, but not in a manner that would identify you personally.
We will retain your Personal Information for as long as your account is active or as long as needed to provide you the Services; we also may retain and use your information as we deem it necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
Application Outside the United States
When you use the Services, you are consenting to have your data transferred to and processed in the United States. All of 2Revolutions’ servers are currently in the United States, and we aren’t able to process your information within the borders of any other country. Given this limitation, if your use of the Services or disclosure of certain information to 2Revolutions would violate any law that is applicable to you, your right to use the Services and/or disclose such information is revoked, as it is wherever use of the Services is prohibited by law (as described in the Terms of Service).
The EU GDPR (General Data Protection Regulation) is a piece of legislation that is designed to strengthen and unify data protection laws for all individuals within the European Union. At this time, usage of InspirED as an EU citizen violates the Terms of Service. 2Revolutions is taking proactive steps to comply with applicable GDPR regulations as a data processor. For questions regarding this, please contact us at email@example.com.