OER PROJECT

WEBSITE TERMS OF USE

Effective Date: September 3, 2020

The OER Project is operated as a non-commercial venture by Big History Project, LLC (referred to herein as “OER Project,” “we,” “us,” or “our”) for the purpose of providing a family of free, online courses to classroom teachers and their students on behalf of their associated schools. Our course material, including the Big History Project and the World History Project social studies courses, and related educational resources are located at http://www.oerproject.com and http://whp.oerproject.com and related webpages (the "Site"). All course material, teaching resources and supporting services available on the Site (the “Services”) are designed to be used by participating schools, school districts, and related entities and organizations, including but not limited to school personnel, such as classroom teachers or administrators, who access the Services on behalf of their school (each a “School”).

These Terms of Use ("Terms") are a legal agreement between you, a registrant or user of the Site or Services ("you" or "your"), and us governing your use of the Services and Site. Your access to and use of the Site or Services is conditioned upon your acceptance of these Terms. Please read these Terms carefully. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE, OR REGISTER FOR AN ACCOUNT ON, THE SITE.

IF YOU ARE A SCHOOL INVITING ONE OR MORE STUDENTS TO REGISTER FOR STUDENT USER ACCOUNTS ON THE SITE FOR SCHOOL PURPOSES, YOU ARE BOUND BY THESE TERMS WITH RESPECT TO EACH SUCH STUDENT USER YOU DIRECT TO THE SITE.

TABLE OF CONTENTS

1. User Registration.

2. Privacy.

3. User-Generated Content.

4. User Feedback.

5. Intellectual Property Rights.

6. Permitted Use.

7. Copyright Infringement.

8. Links, Frames, Metatags, Bots and Scraping.

9. Site Availability and Support.

10. Termination.

11. Fair Allocation of Risks.

12. Disclaimer of Warranties.

13. Disclaimer of Certain Damages.

14. Limitation of Liability and Exclusive Remedies.

15. Independent Remedies.

16. Notice of Potential Limits.

17. Indemnity.

18. Notices.

19. Changes to these Terms.

20. Governing Law; Exclusive Jurisdiction; Venue; Jury Trial Waiver.

21. International Visitors.

22. General.

23. Comments and Questions.

1. User Registration.

Eligibility. The Services are provided solely for educational purposes on behalf of, and as directed by, participating Schools. The Services are not available to, (a) any users previously suspended or blocked by us, (b) any student whose use or registration is not required by their School for school purposes, or (c) any student who is under the age of 13 whose School does not have the authority to consent to such student’s use of the Services or Site in accordance with these Terms. By clicking the, “I Agree” button (if applicable) or by otherwise using or registering an account on the Site or otherwise using the Services, you represent that, (x) you have not been previously suspended or blocked from the Site by us, (y) in the case of all students, you are using the Site solely for school purposes as directed by your School and as facilitated by a Teacher User requiring your use and registration on the Site on behalf of your School, and (z) your registration and/or use of the Site is solely for educational purposes as directed by your School in compliance with any and all applicable laws and regulations.

Teacher Users. Classroom teachers at participating Schools acting on behalf of, and as directed by, such School must register as “Teacher Users” on the Site in order to use the Services to educate Student Users (defined below). Once registered, Teacher Users set up and manage virtual classrooms on behalf of their Schools and allow the Services to be used by designated Student Users as authorized by their affiliated School. If you, as a Teacher User, instruct one or more Student Users to access, use, or register for accounts on, the Site, in addition to any other representations herein, you represent that, (a) you will actively facilitate and manage each Student Users’ access to and use of the Site and Services in accordance with these Terms, and (b) in the case of Student Users under the age of 13 (“Children” or “Child”), you and your School have obtained and are able to provide consent on behalf of each such Child for their use of the Site and Services, including consent to our collection, use, processing, and disclosure of their information, which may include personally identifiable information, as set forth in our Privacy Policy. Teacher Users control Student User access to the Site and Services, and manage and control the virtual classroom such Teacher User creates. Unique classroom codes are required to enable students to register as Student Users on the Site. We require Teacher Users to strictly limit access to unique classroom codes, which should be shared only with students authorized by the School to use the Site for educational purposes.

Student Users. Each student directed by their School (typically through a Teacher User assigned to them by their School) to use the Site or Services must register as a “Student User.” At registration, each participating student must enter the classroom code provided to them when invited by their associated School to register as a Student User on the Site. Upon registration, Student Users are linked to their associated School and Teacher User based on the unique classroom code used during registration.

School Districts. We may enter into supplemental written agreements with school districts with respect to use of the Site and Services on a district-wide basis ("School Agreements"). Pursuant to School Agreements, we may provide additional services to school districts, and/or may provide additional service-based terms and conditions to school districts. Except as otherwise provided in a School Agreement, these Terms remain in effect for all users of the Site in the relevant district.

Usernames; Password. If you register for an account on the Site, we ask that you provide OER Project with your current, complete, and accurate information. We may, but are not required to, verify your identity using the information you provide to us. You will create a unique username and password as part of your account registration and these may only be used by you. If a Student User forgets their password, the Teacher User associated with such Student User’s account may reset the Student User’s password on their behalf. If you, as a Teacher User, reset a Student User password, you agree to promptly communicate such replacement password to the applicable Student User. Other than as described in this Section, all users are responsible for keeping their username and password confidential and may not authorize anyone else to use them. You agree that OER Project and your School may attribute all use of your username to you and that you are responsible for all activity that occurs under your account. Please immediately notify your Teacher User or School in the case of Student Users, or OER Project in the case of Schools or Teacher Users at: help@oerproject.com if the security of your username or password has been compromised.

Social Networking Services. OER Project may permit adult, non-student, users to register for or authenticate their account through third-party social networking services, such as Facebook (a "Social Networking Service"). By registering and authenticating an account using a Social Networking Service, you agree that OER Project may access your Social Networking Service account information from the applicable Social Networking Service. You are solely responsible for your relationship with the Social Networking Service, including any content you may share to a Social Media Networking Service through links on the Site. Technical safeguards are in place to prevent Student Users from registering for, or authenticating, their accounts by using Social Networking Service accounts, and any such registration by a Student User is strictly prohibited.

Student Use of Integrated Services. Schools may choose to allow their Student Users to log in on the Site using services such as Google Classroom or Clever, or allow Student Users to utilize select writing or grading services, such as Turnitin.com (each, an “Integrated Service”). In all such cases, Schools are responsible for educating their Student Users on the proper use of, and for their Student Users' use of, any School-required Integrated Services.

Responsibility for Educational Records. If you are a School, you represent that you are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules and regulations concerning the collection, use and disclosure of personally identifiable information about the Student Users you invite to use the Site and Services. Please refer to our Privacy Policy for more about how we assist Schools in meeting their obligations to protect the privacy of these records.

2. Privacy.

OER Project's Privacy Policy describes our collection, use, and disclosure of your information, the choices you have relating to our collection and use of information about you, and the steps we take to protect that information. By using the Site or Services, you expressly consent to our collection, use, storage, processing and disclosure of your information, including personally identifiable information, as described in our Privacy Policy. Schools and Teacher Users assume sole responsibility for providing appropriate notices and disclosures to parents, and obtaining and providing all necessary consents to our collection and use of information regarding your Student Users in connection with their use of the Site and Services.

3. User-Generated Content.

Safeguards exist to prevent Student Users from posting User Content (defined below) on the Site that would be visible to anyone besides their associated Schools and Teacher Users. We may permit certain users to post content on the Site, such as comments, videos or photos depicting their use of the Site or Services, profile pictures, biographical “blurbs,” or other material that may be connected to their user accounts or community forums for Schools and/or Teacher Users (collectively, “User Content”). User Content allows our Schools and Teacher Users to share their experience of the Site and Services and gain teaching insight or ideas from others. OER Project does not control or endorse and is not responsible or liable for User Content. If you post any User Content to the Site, you grant us, all other participating Schools and Teacher Users, and all members of the public who may access publicly-available User Content on our Site or elsewhere a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content throughout the world in any media, and the right to use and display the name that you submit in connection with such User Content. By posting User Content, you represent and warrant that you own or otherwise control all of the rights to the User Content that you post necessary to meet your obligations to us under these Terms; that the User Content is accurate; that use of the User Content you supply does not violate any law, these Terms, or the privacy, publicity, intellectual property or other rights of any other person or entity. You must not provide any User Content that infringes others’ copyrights or the intellectual property or privacy rights of others. You are solely responsible for all User Content you provide to us or make available to others through the Site.

4. User Feedback.

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Site, Services, or other means, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of you or any third party; (b) we are not under any obligations of confidentiality with respect to the Feedback; (c) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (d) you are not entitled to any compensation of any kind from us.

5. Intellectual Property Rights.

OER Project owns the copyright in, or licenses from third parties all content available on the Site, including the Services, text, photographs, graphics, OER Project logos, button icons, audio, video, and software (“Content”). “Big History Project” and "World History Project" are registered trademarks owned by us and may be used only with our written permission. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, or that otherwise violates an intellectual property right owned by you, please contact us in the manner described below in the "Copyright Infringement" section, if applicable, or the “Notice” section in the case of other intellectual property concerns.

6. Permitted Use.

The Site is designed to provide educational resources and support on behalf of participating Schools to their associated Teacher and Student Users. Registered users of the Site may copy select portions of the Content solely for School purposes and in accordance with these Terms. All other copying or distribution of Content is prohibited without the advance written consent of OER Project. You may not use the Site or its Content for any other purpose, including for commercial purposes, or in any manner that either disparages or discredits any person or misrepresents the source of Content. All distributed copies of Content must display an appropriate copyright notice, such as: “Copyright 2020 Big History Project, LLC” in the case of Content owned by us. Permission to copy or distribute any Content that is owned or copyrighted by others must be obtained from the third party owning such Content.

7. Copyright Infringement.

We will provide you notice if, for any reason, we remove your User Content from the Site due to an alleged intellectual property infringement. If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notice thereof, in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent, who can be reached as follows:

OER Project c/o Big History Project, LLC
4110 Carillon Point
Kirkland, WA 98033
Email: legal@gatesventures.com
Phone: 425-497-4300

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. 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;

c. 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;

d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;

e. A statement that the complaining party has 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

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that content is infringing may be subject to liability. If you are unsure whether content on the Site infringes your copyright, you may wish to contact an attorney prior to sending notice.

8. Links, Frames, Metatags, Bots and Scraping.

You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the Content or the Site itself without our prior written consent. You may not use metatags or any other "hidden text" that incorporates the Content without OER Project's express written consent. You may not use automated means, such as bots, to access, scrape or otherwise collect Content without our express written consent.

9. Site Availability and Support.

You may access the Site and Services if and when they are available and only for school purposes. OER Project does not guarantee continuous availability of the Site or its Content. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law and subject to any written agreement we may have with your School, OER Project reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site or Services at its discretion.

10. Termination.

You may terminate your continued agreement to these Terms at any time by deleting your associated user accounts and discontinuing your use of the Site and Services. OER Project reserves the right to terminate the Services, the Site, your account, or your access to the Site and Services at any time, without notice, for any reason, including for your violation of any of the provisions of these Terms or the Privacy Policy. This provision may be limited solely by directly competing terms in any written agreement we may have with your School or School District. All provisions which by their nature are intended to survive termination shall so survive, including without limitation, Sections 3, 4, 5, 11, 12, 13, 14, 15, 17, 18, 20 and 22.

11. Fair Allocation of Risks.

WHEN USING OER PROJECT’S SERVICES AND SITE, YOU ACKNOWLEDGE THAT WE PROVIDE THIS SITE, ITS CONTENT AND SERVICES FREE OF CHARGE TO ALL USERS IN RELIANCE ON THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY, WHICH STATE THAT WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY RESULTING FROM YOUR FREE ACCESS TO, AND USE OF, OUR SERVICES OR THE SITE. YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW REPRESENT A FAIR ALLOCATION OF RISK BETWEEN OER PROJECT, ITS AFFILIATES, AND YOU WITH REGARD TO YOUR USE OF THE SITE AND SERVICES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US CONCERNING YOUR USE AND ENJOYMENT OF THE SERVICES WE OFFER ON THE SITE.

12. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, INCLUDING ALL DATA, INFORMATION, SOFTWARE, SERVICES AND CONTENT PRESENTED ON AND THROUGH THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” SUBJECT TO THE TERMS OF ANY AGREEMENT WE MAY HAVE WITH YOUR SCHOOL OR SCHOOL DISTRICT, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OER PROJECT AND ITS AFFILIATES. SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES THAT THE SITE OR ITS CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR IN THE CONTENT WILL BE CORRECTED. WE DO NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND OUR CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

13. Disclaimer of Certain Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS, EVEN IF OER PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability and Exclusive Remedies.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 12 OR 13, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE CONTENT, OR THE SITE SHALL BE LIMITED TO FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

YOU AND OER PROJECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ITS CONTENT OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. Independent Remedies.

The exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12, 13, and 14 apply without regard to whether loss, liability, or damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

16. Notice of Potential Limits.

Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 12, 13, or 14 will be interpreted as excluding liability that cannot under applicable law be excluded in those jurisdictions, or that may directly conflict with any written contract we have with your School or School District. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.

17. Indemnity.

You hereby agree to defend, indemnify, and hold OER Project and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys' fees, relating to, arising from, or allegedly arising from (a) your use of the Site or Services, and any activities occurring under your account; (b) your violation of these Terms; or (c) your violation of any other party's rights or applicable law.

18. Notices.

OER Project may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to us. You agree to send notices to OER Project to the following address:

OER Project c/o Big History Project, LLC
4110 Carillon Point
Kirkland, WA 98033
Email: legal@gatesventures.com

19. Changes to these Terms.

We may modify or update these Terms from time-to-time so you should review the Terms periodically. OER Project reserves the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending an email to your account email, or by any other reasonable means. By using the Site following any modifications to these Terms, you agree to be bound by any such changes to the Terms.

20. Governing Law; Exclusive Jurisdiction; Venue; Jury Trial Waiver.

These Terms and your use of the Site and Services are governed by the laws of the State of Washington as applicable to contracts made and performed there, without reference to its choice of law rules. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the Content will reside in the State and Federal Courts of King County, Washington.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SITE, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.

21. International Visitors.

We operate the Site in the United States. If you choose to access our Site from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Site, if and to the extent local laws are applicable to use of our Site. If you are under the age of 18, you confirm that you have received parental consent, if required in your jurisdiction, to open an account and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that the educational Content offered on our Site is appropriate or available for use in jurisdictions outside the United States. The right to access and use the Site is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws, or subject us to any registration requirements within such jurisdiction or country. If you are located in a country embargoed by the United States or are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” you are not authorized to access or use the Site.

22. General.

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. OER Project may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, under these Terms. If, at any time, OER Project fails to respond to a breach of these Terms by you or others, such failure will not waive OER Project's right to act with respect to subsequent or similar breaches. A waiver will only be binding on OER Project if it is in writing and signed by OER Project. These Terms (including any incorporated terms or policies, and product or service-specific additional terms, and any duly executed written agreement between us and your associated School) constitute the entire agreement between you and OER Project with respect to the Site and Services. No one other than you and OER Project, the Indemnified Persons or OER Project’s successors and permitted assigns will have any right to enforce these Terms.

23. Comments and Questions.

If you have questions, comments or concerns about the Site, including about the Content, please contact us at: help@oerproject.com.