Welcome! The following are the terms that apply to you and all other people (collectively referred to herein as Users) who use www.connectedstudios.org, www.teachersportal.org, and/or www.connectedcalifornia.org. (referred to herein as the Site). Please read these Terms of Use carefully, because by using the Site, Users automatically agree to be bound by these Terms. As a User, if you do not agree to be bound by these Terms of Use, you must exit the Site immediately. Your continued use constitutes your agreement to be bound by these Terms of Use.
ConnectEd: The California Center for College and Career (ConnectEd) provides service to Users as defined by the following Terms of Use. ConnectEd may update the Terms of Use from time to time without notice. Users have the obligation to review changes in these Terms of Use. Unless otherwise specified, such changes shall be effective when they are posted. In addition, when using particular ConnectEd services, Users are expected to follow any posted guidelines or rules.
In accordance with the TRUSTe certification, all information gathered from Users by this Site will be governed by ConnectEd's Privacy Policy, which is incorporated in these Terms of Use by reference. If there is a conflict between the terms of the ConnectEd's Privacy Policy and this Agreement, the terms of ConnectEd's Privacy Policy prevail over the terms of this Agreement. Please take a minute to read the Privacy Policy so that you understand how we treat personally identifiable information.
All Users agree to fill out a registration form. In filling it out, Users agree to provide accurate and current information about themselves. Please see the registration section of ConnectEd's Privacy Policy for more detail.
Users are responsible for providing accurate, timely and complete information to ConnectEd in connection with their registration for and use of the Site. ConnectEd is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in public areas on the Site (including, without limitation, posting on forums, walls, or announcements referred to herein as Public Areas). Users hereby grant ConnectEd a royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. Users may revoke this license by sending a written notification to ConnectEd's Copyright Agent. See the "Copyright Complaints and Copyright Agent" section for contact information.
As set forth in ConnectEd's Privacy Policy, any submissions to Public Areas will be public, and ConnectEd will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Only registered Users are authorized. Access to and use of the Site is restricted to authorized Users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
When Users register with ConnectEd, each gets to choose a password. Each User is responsible for keeping his or her password secret. ConnectEd will never ask for your password via the Site or via email. If someone gains unauthorized access to an account, change your password and notify ConnectEd immediately. ConnectEd is not liable for any loss or damage resulting from your failure to comply with these recommendations.
Please see the Security section of ConnectEd's Privacy Policy for more detail.
Users may make a single copy of pages from the Site on their hard drive or in print for their own personal, non-commercial use. No other use of information is authorized. In consideration of this authorization, Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original.
All areas of the Site are public and not private communications. ConnectEd does not endorse any postings or communications by Users, and such postings and communications shall not be considered reviewed, screened or approved by ConnectEd. Anytime Users upload to, distribute content or publish through the Site, they grant ConnectEd the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy, and whether alone or as part of a collective work. Users shall retain, however, whatever other rights they have in pre-owned elements of such content.
Users acknowledge that any information they post in publicly accessible areas such forums, groups, announcements, and walls can be seen and used by anybody. It is Users' responsibility to protect themselves while on the Site, as ConnectEd is not liable for anything that occurs as a result of voluntary communication of personal information.
Please see the "With whom does ConnectEd share information" section of ConnectEd's Privacy Policy for more detail.
ConnectEd reserves the right, but is not obligated, to moderate content available through the Site. Authorized ConnectEd staff can remove content and accounts, without notice, that they feel, in their sole discretion, violate ConnectEd's Terms of Use or the rules posted for individual services. ConnectEd also reserves the right to remove content and/or close accounts: (a) to comply with legal processes; (b) to protect the rights, property or personal safety of ConnectEd, our Users or the public; and (c) to respond to claims that any content violates the rights of third parties.
Users acknowledge and agree that ConnectEd may suspend or terminate their access or use of the Site without prior notice if they engage in conduct that ConnectEd, in its sole discretion, believes violates any term or provision of these Terms of Use, otherwise violates the rights of ConnectEd or third parties, or is otherwise inappropriate for continued access and use of the Site. Users further acknowledge and agree that ConnectEd may suspend or terminate a user's access and use of the Site at any time, with or without cause, in ConnectEd's absolute discretion and without notice. The relevant version of these Terms of Use shall apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination of a User's use or access to the Site: Paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability applicable law and dispute resolution and any other provision that by its terms survives termination of a User's use or access to the Site.
Please see the Information Retention Security section of ConnectEd's Privacy Policy for more detail.
The Site may contain hyperlinks to Web sites operated by parties other than ConnectEd. Such hyperlinks are provided for reference and convenience only. ConnectEd does not control such Web sites, and is not responsible for their content. Just because ConnectEd has hyperlinks to such Web sites does not mean ConnectEd endorses any of the material on such Web sites, or has any association with their operators.
Users further acknowledge that use of any Web site controlled, owned or operated by third parties is governed by the terms and conditions of use for those Web sites, and not by ConnectEd's Terms of Use or Privacy Policy. Links to external Web sites or inclusions of advertisements do not constitute an endorsement by ConnectEd of such sites or the content, products, advertising or other materials presented on such sites, but are for User's convenience. Users access these external sites at their own risk.
All text, graphics, editorial content, data, formatting, graphs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, "Proprietary Material") that Users see or read on the Site is owned by ConnectEd or is used with permission. This Proprietary Material is protected in all forms including both media and technologies now known or hereinafter developed. ConnectEd owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use or re-transmit anything from the Site without ConnectEd's prior express written permission. Furthermore, Users are not allowed to post or distribute any material they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and may subject Users to civil or criminal penalties.
In addition, the Site contains material protected by the domestic and international laws of copyright, patents or other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of ConnectEd and/or the relevant right holder.
The service marks and trademarks ConnectEd, Teacher Preparation Portal: Through a Linked Learning Lens, Linked Learning, and ConnectEd Studios and the ConnectEd logo, ConnectEd Studios logo, and the Teacher Preparation Portal logo are service marks owned by ConnectEd. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of ConnectEd and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner except as expressly allowed by these Terms of Use.
ConnectEd respects the intellectual property of others, and asks Users to do the same. ConnectEd is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, we ask Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide ConnectEd with the following information:
ConnectEd's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
ConnectEd California
c/o John Vavricka, RTI International
2150 Shattuck Ave. Suite 800
Berkeley, CA 94704
By phone: 510-849-4942
By email: copyrights@connectedcalifornia.org
ConnectEd will terminate access to the Site of those who engage in repeated acts of infringement.
By agreeing to these Terms of Use, Users agree to indemnify, defend and hold harmless ConnectEd, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively referred to herein as "ConnectEd and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by ConnectEd and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of any such claims. ConnectEd and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any such claim or matter without the written consent of ConnectEd. Users further agree to hold harmless ConnectEd and Affiliates from any claim arising from a third party's use of information or materials of any kind that they post in a Public Area.
USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER ConnectEd NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. ConnectEd AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. COMPANY AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE SPECIFIED BY USERS. ConnectEd CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD ConnectEd OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. COMPANY AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
IN NO EVENT WILL ConnectEd, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. USERS' SOLE REMEDY FOR DISSATISFACTION WITH CONNECTED IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT ConnectEd's AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER APPLICABLE LAW.
Failure by ConnectEd to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use or use of the Site, other than action for specific performance or injunctive relief brought by ConnectEd, shall be exclusively brought in the federal, state or local courts located in California; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use and herein incorporated documents constitute the entire agreement between Users and ConnectEd with respect to the Site, and supersede all prior agreements or understandings, whether written or oral, between Users and ConnectEd with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of ConnectEd, its successors and assigns.
Last Updated: February 1, 2010