FloridaStudents.org Terms and Conditions


1. Definitions

"www.floridastudents.org" is the web address for the interactive on-line service ("FloridaStudents.org Website") operated by the Florida Center for Research in Science, Technology, Engineering, and Mathematics (FCR-STEM) at Florida State University on the World Wide Web of the Internet, consisting of information services and content provided by FloridaStudents.org and other third parties. "User" means each person who establishes or accesses a connection ("Account") for access to and use of the FloridaStudents.org Website. By accessing the FloridaStudents.org Website, you are certifying that you are least 13 years old, or otherwise are in compliance with Section 10, below.

2. General

(A) This Terms of Service ("Agreement"), which incorporates by reference other provisions applicable to use of the FloridaStudents.org Website, including, but not limited to, supplemental terms and conditions referred to and incorporated by reference herein, governing the use of certain specific material contained in the FloridaStudents.org Website, sets forth the terms and conditions that apply to use of the FloridaStudents.org Website by User. By using the FloridaStudents.org Website (other than to read this Agreement for the first time), or registering as a member, User agrees to comply with all of the terms and conditions hereof. The right to use the FloridaStudents.org Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

(B) FloridaStudents.org shall have the right at any time to change or discontinue any aspect or feature of the FloridaStudents.org Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms

FloridaStudents.org shall have the right at any time to change or modify the terms and conditions applicable to User's use of the FloridaStudents.org Website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the FloridaStudents.org Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the FloridaStudents.org Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the FloridaStudents.org Website and all charges related thereto.

5. User Conduct

(A) User shall use the FloridaStudents.org Website for lawful purposes only. User shall not post or transmit through the FloridaStudents.org Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive,harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, libelous, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwises violate any law,which contains a virus or corrupted data, or which, without FloridaStudents.org's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FloridaStudents.org's sole discretion restricts or inhibits any other User from using or enjoying the FloridaStudents.org Website will not be permitted. User shall not use the FloridaStudents.org Website to advertise or perform any commercial solicitation.

(B) The FloridaStudents.org Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. Except as expressly provided by the copyright holder and the terms of the applicable license, User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as expressly permitted in the applicable license, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material, except as otherwise stated in the applicable license.

(C) All the resources publised on FloridaStudents.org are available for non-commercial use only. Any commercial use has to be requested and approved in writing prior to using it.

(D) The foregoing provisions of Section 5 are for the benefit of FloridaStudents.org, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

(A) USER EXPRESSLY AGREES THAT USE OF THE FloridaStudents.org WEBSITE IS AT USER'S SOLE RISK. NEITHER FloridaStudents.org, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE FloridaStudents.org WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FloridaStudents.org WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE FloridaStudents.org WEBSITE.

(B) THE FloridaStudents.org WEBSITE 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT FloridaStudents.org IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(D) IN NO EVENT WILL FloridaStudents.org BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FloridaStudents.org WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE FloridaStudents.org WEBSITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FloridaStudents.org NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE FloridaStudents.org WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

7. Monitoring

FloridaStudents.org shall have the right, but not the obligation, to monitor the content of the FloridaStudents.org Website, including forums, to determine compliance with this Agreement and any operating rules established by FloridaStudents.org and to satisfy any law, regulation or authorized government request. FloridaStudents.org shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FloridaStudents.org. Without limiting the foregoing, FloridaStudents.org shall have the right to remove any material that FloridaStudents.org, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification

User agrees to defend, indemnify and hold harmless FloridaStudents.org, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of FloridaStudents.org by User or User's Account.

9. Termination

Either FloridaStudents.org or User may terminate this Agreement at any time. Without limiting the foregoing, FloridaStudents.org shall have the right to immediately terminate User's Account in the event of any conduct by User which FloridaStudents.org, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8 and this Section 9 shall survive termination of this Agreement.

10. Adult Supervision

FloridaStudents.org is concerned about the safety and privacy of all its users, particularly children. Please remember that the FloridaStudents.org Website is designed to appeal to a broad student audience. The Website also includes links to external websites that are beyond the control of the FloridaStudents.org team and the content of these websites might change at any time without our knowledge. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the content provided through the FloridaStudents.org Website is appropriate for a minor. Minors who access the Service are assumed to have parental or guardian supervision or consent before accessing the Service.

11. Privacy Policy

The FloridaStudents.org does not require registration or gathering any personal information. Accessing all the resources is freely available with no special account needed. We do collect website analytics and usage data that is not identifiable to the individual person. All information gathered is submit to the FloridaStudents.org Privacy Policy.

12. Third Party Content

FloridaStudents.org is a distributor (and not a publisher) of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the FloridaStudents.org and CPALMS.org Websites, are those of the respective author(s) or distributor(s) and not of FloridaStudents.org. Neither FloridaStudents.org nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through FloridaStudents.org represents the opinions and judgments of the respective information provider, User, or other user not under contract with FloridaStudents.org. FloridaStandards.org reviews all the content that goes on the website prior to publishing it but a lot of the available resources are links to external websites that are beyond the control of FloridaStudents.org. FloridaStudents.org neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on FloridaStudents.org by anyone other than authorized FloridaStudents.org employee spokespersons while acting in their official capacities. Under no circumstances will FloridaStudents.org be liable for any loss or damage caused by a User's reliance on information obtained through FloridaStudents.org. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through FloridaStudents.org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

13. Miscellaneous

This Agreement, the Privacy Policy and any operating rules for the FloridaStudents.org Website established by FloridaStudents.org constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14. Copyrights and Copyright Agent

FloridaStudents.org respects the rights of all copyright holders and in this regard, FloridaStudents.org has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FloridaStudents.org's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

(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 copyright 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;

(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.

 

 

15. Hyperlinking and Redistributing Content

Linking to Instructional and Educational Resources:
This includes all resources on the website such as: tutorials, problem-tasks, games, manipulatives, simulations, webinars, and all other resource types available on FloridaStudents.org.

You may link to FloridaStudents.org resources from a school, class, educational, or personal website under the following stipulations:

- You acknowledge FloridaStudents.org as the provider of the resource
- You charge no fee to access FloridaStudents.org resources

Note that the curricular and educational resources on our site may only be linked to - not copied, reproduced, or modified in any way, nor placed within a frame.

  1. You may not link to FloridaStudents.org from any fee-based educational website.
  2. You may reprint a limited number of copies of FloridaStudents.org materials to share with colleagues, families, or students.
  3. You may cite or excerpt FloridaStudents.org materials in a curriculum or teacher's guide.

This website may not be linked to or embedded on any other commercial website or software without prior permission.

For any additional information or different scenarios, please contact us at the information below.

 

 

For copyright inquiries under the Digital Millennium Copyright Act please contact:

 

FloridaStudents.org/CPALMS
Florida Center for Research in Science, Technology, Engineering and Mathematics
Learning Systems Institute, Florida State University
4600 University Center C
Tallahassee, FL 32306-2540
For phone or email contact, please contact us using the information on the following webpage: http://www.cpalms.org/support/support_homepage.aspx