Terms and Conditions of Use for maeia-artsednetwork.org
Last revised on October 26, 2016
The mission of the Michigan Assessment Consortium (MAC, Inc.) is to improve student learning and achievement through a system of coherent curriculum, balanced assessment, and effective instruction. We do this by collaboratively promoting assessment knowledge and practice, providing professional development, and producing and sharing assessment tools and products. The MAEIA Project has been developed by the MAC, Inc. and Data Recognition Corporation (DRC) for the Michigan Department of Education (MDE) in partnership with Michigan educators. Using the MAEIA tools and resources, schools can strengthen their systems and advance arts as a core element of a public education. MAEIA Arts Education Network (maeia-artsednetwork.org) is a virtual arts education community where educators, administrators, parents, and community members across multiple arts disciplines, grade-spans, and teaching-learning environments can use and discuss MAEIA resources, find news about arts education, converse about teaching and learning in the arts, and access support.
By accessing, viewing, downloading, reproducing, distributing or otherwise using content, media, or any other products or services owned or operated by the MAC, Inc., the MAEIA Project, or its affiliates, and authorized partners (collectively the “MAC, Inc.,” or “we,” “us,” or “our”) through maeia-artsednetwork.org or mobile applications you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use (the “Terms”) described below and that your use of maeia-artsednetwork.org is at all times subject to these Terms. In some cases, the MAC, Inc.’s content, media, or other products and services (collectively, “MAC, Inc. Resources”) may be integrated into websites and mobile applications provided by third parties (including social networking sites), and these Terms also apply to your use of MAC, Inc. Resources.
Additionally, by accessing maeia-artsednetwork.org, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms. If you are 13 or older but under the age of consent where you live, then you must get the consent of your parents prior to using maeia-artsednetwork.org and if you do use maeia-artsednetwork.org you represent to us that you have done so.
These Terms, and any future modifications to such Terms, govern your access to and use of maeia-artsednetwork.org, and constitute a legal contract between you and MAC, Inc. If you do not agree to these Terms, please immediately discontinue using maeia-artsednetwork.org.
- License to Use maeia-artsednetwork.org
- License Restrictions
- Trademarks and Legal Notices
- MAC, Inc. and maeia-artsednetwork.org Ownership Rights
- MAEIA Assessment Booklet Use and Modification
- Copyright Infringement/Digital Millennium Copyright Act Compliance
- Acceptable Use and Conduct
- Your Account and Termination
- User-Generated Content
- Interactions with Other Users and Third Parties
- Interactive and Social Features
- Limitation of Liability
- Disclaimer of Warranties
- Restricted Access
- Breaches of These Terms and Conditions
- Unenforceable Provisions
- Geographic Restrictions
- Governing Law and Jurisdiction
- Term and Survival
- Entire Agreement
- Contacting Us
License to Use maeia-artsednetwork.org
During and subject to the terms and conditions of these Terms, MAC, Inc. hereby grants you a limited, nonexclusive, nonsublicensable, nontransferable, freely revocable license to access and use maeia-artsednetwork.org for personal or educational purposes.
Except as expressly permitted under these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to rent, lease, loan, or sell access to maeia-artsednetwork.org or MAC, Inc. Resources; decompile or reverse engineer or attempt to access the source code of the software underlying maeia-artsednetwork.org ; access (or attempt to access) any service on maeia-artsednetwork.org by any means other than as permitted in these Terms; circumvent, disable, or otherwise interfere with any features of maeia-artsednetwork.org that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any maeia-artsednetwork.org Resources or any third party content; access maeia-artsednetwork.org to cause a breach of security to maeia-artsednetwork.org or interfere with the proper working of maeia-artsednetwork.org or prevent others from using maeia-artsednetwork.org or accessing maeia-artsednetwork.org Resources; or delete the copyright and other proprietary rights notices on maeia-artsednetwork.org or maeia-artsednetwork.org Resources.
Trademarks and Legal Notices
MAC Inc., the MAEIA Project and maeia-artsednetwork.org trademarks, logos, images, service marks, trade names, and other distinctive branding features used on maeia-artsednetwork.org Resources are the trademarks of The MAEIA Project (Collectively, “MAEIA Marks”) and may not be used without permission. We are not granting you a license under any intellectual property right to the MAEIA Marks. Other trademarks, logos, and trade names that may appear on or in maeia-artsednetwork.org Resources are the property of their respective owners (“Third Party Marks”). We are not granting you a license under any intellectual property right to the Third Party Marks. You may not remove any MAEIA Marks, third party marks or other source indicators from any part of maeia-artsednetowrk.org or maeia-artsednetwork.org Resources.
MAC., Inc. and maeia-artsednetwork.org Ownership Rights
maeia-artsednetwork.org and MAC, Inc. Resources are protected by United States copyright and trademark law, international conventions, and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material, or any other materials, including downloadable material, contained in maeia-artsednetwork.org and/or MAC, Inc. Resources (collectively, the “Materials”) are the copyrighted property of MAC, Inc., or its subsidiaries or affiliated companies and/or third party licensors and are offered to you by MAC, Inc. for limited use solely pursuant to these Terms. All trademarks, logos, service marks, and trade names are proprietary to maeia-artsednetwork.org or its affiliates and/or third party licensors. Nothing contained in these Terms shall be construed as conferring any license or right to use any trademark, design right, or copyright of maeia-artsednetwork.org, MAC, Inc., or any other third party. As between you and MAC, Inc., MAC, Inc. owns all right (including all intellectual property rights) to, title to, and interest in maeia-artsednetwork.org and MAC, Inc. Resources. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to MAC, Inc. You agree to abide by all copyright notices, information, or restrictions contained in any part of MAC, Inc. Materials.
MAEIA Assessment Booklet Use and Modification
Downloadable MAEIA Project Student and Teacher Assessment Booklets (collectively, “Assessment Booklets” are available at maeia-artsednetwork.org. You are hereby granted the right to download the Assessment Booklets and use them as-is, and to modify downloaded Assessment Booklets for educational use in your classroom, school, and local school district, including modifying the assessment prompt material contained in the Assessment Booklets, including, but not limited to works of visual art or music. You are and will be solely liable for obtaining copyright permission to use such modified prompt material. MAC, Inc. does not claim any ownership rights in modified portions of the Assessment Booklets created by you, including, but not limited to any products, material or works that may be protected by the intellectual property rights of others. You are solely responsible for obtaining any necessary licenses related to any prompt material modifications you make to the Assessment Booklets. You will be solely liable for any and all damages related to any prompt material modifications you make to the Assessment Booklets and agree to indemnify and hold harmless MAC, Inc. and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors in accordance with the Indemnity provision herein. If you are unsure whether prompt material is protected by intellectual property rights and/or requires a license for authorized use, we recommend seeking the advice of an intellectual property law attorney.
Copyright Infringement/Digital Millennium Copyright Act Compliance
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any MAC, Inc. Resource infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.
Counter-notification. If we remove or disable access to such MAC, Inc. Resource in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counter-notification by written communication to our Designated Copyright Agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an intellectual property law attorney.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Kathy Humphrey, Designated Copyright Agent
1980 North College Road, Mason, Michigan, 48854
You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
Acceptable Use and Conduct
You must not use maeia-artsednetwork.org in any way that causes, or may cause, damage to maeia-artsednetwork.org or impairment of the availability or accessibility of maeia-artsednetwork.org; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use maeia-artsednetwork.org to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction and data harvesting) on or in relation to maeia-artsednetwork.org without MAC, Inc.’s express written consent.
You must not use maeia-artsednetwork.org to transmit or send unsolicited commercial communications.
You must not use maeia-artsednetwork.org for any purposes related to marketing without MAC, Inc.’s express written consent.
You agree to indemnify and hold harmless MAC, Inc. and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors for any damage or harm caused by your use or misuse of maeia-artsednetwork.org.
Your Account and Termination
We may ask you to register and create an account in order to access, interact with, or otherwise use certain maeia-artsednetwork.org and/or MAC, Inc. Resources. You are responsible for keeping your maeia-artsednetwork.org account information secure. You agree to provide MAC, Inc. with current, complete, and accurate information for the duration of your maeia-artsednetwork.org account. maeia-artsednetwork.org accounts are nontransferable.
You will be solely responsible and liable for any activity that occurs within your maeia-artsednetwork.org account. You are responsible for safeguarding the password that you use to access maeia-artsednetwork.org and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MAC, Inc. will not be liable for any loss or damage arising from your failure to comply with the above. Termination. MAC., Inc. has the right to delete, disable, or deactivate your account (or any part thereof), block your email or IP address or otherwise terminate your access to or use of maeia-artsednetwork.org and MAC, Inc. Resources, and remove and discard all or any part of your account or any of Your Content, with or without notice, and with no liability of any kind to you or any third party, for extended inactivity, any violation of these Terms, or any other reason at any time at the sole discretion of MAC, Inc. You may deactivate your maeia-artsednetwork.org account and end your use of maeia-artsednetwork.org at any time by sending an email to firstname.lastname@example.org requesting deactivation of your account. Please be aware that if you delete your account, all or any part of your account or any of Your Content may be retained in our backup files and archives for a reasonable period of time, in our sole discretion, for legal purposes. If you choose to have an account with us in the future, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved, and we are under no obligation to retrieve your information from backup files and archives even if still available. Upon deleting or terminating your account, these Terms terminate and you will no longer have a right to access your account or any MAC, Inc. Resources that require an account to access them.
MAC, Inc. does not claim any ownership rights to the content created by its users and shared through maeia-artsednetwork.org, including, but not limited to, content in our blogs, forums, or comments boxes (“Your Content”). After posting Your Content, you continue to retain any ownership rights you have to Your Content and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to maeia-artsednetwork.org must comply with these Terms.
You hereby grant MAC, Inc. a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Your Content in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, maeia-artsednetwork.org without payment and without further consent or notice to you. Without limiting the foregoing, you agree that Your Content you remove may persist for a reasonable amount of time in backup copies, at our sole discretion, and we are under no obligation to retrieve Your Content from backup files and archives even if still available.
You hereby agree that if Your Content is removed from maeia-artsednetwork.org owing to a violation of these Terms, including in response to any DMCA (as defined above) takedown notice or because such Content contains illegal or otherwise objectionable images, MAC, Inc. shall have the right to use and reproduce Your Content in response to any subpoena or other judicial or administrative order; to assist government enforcement agencies or as otherwise required by law; to protect the rights, property, or safety of MAC, Inc., any individual, or the general public; or otherwise in our discretion. If Your Content is lost, altered, damaged, misused, or otherwise irretrievable, you agree to, and hereby do, waive MAC, Inc. from any and all liability.
You are responsible for making sure that you have all rights to Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. MAC, Inc. does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on the maeia-artsednetwork.org may continue to appear on maeia-artsednetwork.org even after you have deactivated your maeia-artsednetwork.org account or terminated these Terms, as portions of Your Content may have been incorporated into other maeia-artsednetwork.org or MAC, Inc. features, including, but not limited to, profiles, community boards, third party social media sites, RSS feeds, and other features.
Interactions with Other Users and Third Parties
maeia-artsednetwork.org may contain links to third party websites or resources. Links to such websites or resources do not imply any endorsement by the MAC, Inc. of such websites or resources or the content, products, or services available from such websites or resources. Your interactions with other users and third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other user or third party. If there is a dispute between you and any user or third party, MAC, Inc. is under no obligation to become involved.
You release MAC, Inc., and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors from claims, demands, and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Interactive and Social Features
To the extent such service is available on maeia-artsednetwork.org, you are welcome to post, transmit, or submit messages (“Messages”) to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, or in connection with, maeia-artsednetwork.org (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. MAC, Inc. accepts no responsibility whatsoever in connection with or arising from such Messages or for the personal information you choose to submit in these features. Messages submitted to Forums are not necessarily reviewed by MAC, Inc. prior to posting, are not attributable to the MAC, Inc. and do not necessarily reflect the opinions or policies of MAC, Inc. or any employee thereof. When posting a Message, you are solely liable for any errors or omissions, or any losses, claims, injuries or damages arising from its display or use. MAC, Inc. makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, MAC., Inc. reserves the right to prevent you from submitting content to Forums and to delete, edit, or alter in any manner we see fit any Messages that we, in our sole discretion, deem to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, of an express commercial nature, or which are otherwise unacceptable in our sole discretion.
If MAC, Inc. chooses, at its sole discretion, to monitor the Forums, MAC, Inc. nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
Any Message submitted by you may be used by MAC, Inc. and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as MAC, Inc. sees fit.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAC, INC. AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, CONTRACTED EMPLOYEES, INTERNS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, BUT NOT LIMITED TO: (a) THE USE OR THE INABILITY TO USE MAEIA-ARTSEDNETWORK.ORG; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZEDACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCTOF ANY THIRD PARTY ON THE MAC, INC. SERVICE; OR (e) ANY OTHER MATTER RELATING TO MAEIA-ARTSEDNETWORK.ORG
You agree to indemnify and hold MAC, Inc., and its subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through maeia-artsednetwork.org, your use of maeia-artsednetwork.org, your connection to the MAC, Inc., your violation of the Terms, or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF MAC, INC. AND MAC, INC. RESOURCES (INCLUDING THIRD PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. MAC, INC. AND ALL MAC, INC. RESOURCES (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAC, INC. AND ITS subsidiaries, affiliates, officers, employees, contracted employees, interns, agents, partners, licensors and successors EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. MAC, INC. AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS DISCLAIM ANY WARRANTY THAT MAC, INC. OR MAC, INC. RESOURCES (INCLUDING THIRDPARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT MAC, INC. TECHNOLOGIES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MAC, INC. IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
MAC, Inc. reserves the right to restrict access to certain areas of maeia-artsednetwork.org or indeed the entire maeia-artsednetwork.org, at MAC, Inc.’s sole discretion. If MAC, Inc. provides you with a user ID and password to enable you to access restricted areas of maeia-artsednetwork.org or other content or services, you must ensure that the user ID and password are kept confidential. MAC, Inc. may disable your user ID and password in MAC, Inc.’s sole discretion without notice or explanation.
Breaches of These Terms and Conditions
Without prejudice to MAC, Inc., other rights under these terms and conditions, if you breach these terms and conditions in any way, MAC, Inc. may take such action as MAC, Inc. deems appropriate to deal with the breach, including but not limited to, suspending your access to maeia-artsednetwork.org, prohibiting you from accessing maeia-artsednetwork.org, blocking computers using your IP address from accessing maeia-artsednetwork.org, contacting your internet service provider to request that they block your access to maeia-artsednetwork.org, and/or bringing court proceedings against you.
The failure of MAC, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
MAC, Inc. and maeia-artsednetwork.org are hosted in the United States. For now, we provide maeia-artsednetwork.org for use only by persons located in the United States. We make no claims that maeia-artsednetwork.org or any of its content is accessible, appropriate or legal outside of the United States. If you access maeia-artsednetwork.org from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any claims, legal proceeding or litigation arising in connection with the Terms will be brought solely in Ingham County, Michigan, and you consent to the jurisdiction of such courts.
MAC, Inc. may transfer, sub-contract or otherwise deal with MAC, Inc.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
Term and Survival
Term. Except as provided below, these Terms shall remain in full force and effect unless and until your account is terminated as provided herein.
Survival. The following Sections will survive termination of these Terms for any reason and shall apply indefinitely, in addition to any other provisions that are reasonably expected to survive the termination of this Agreement: 1) License Restrictions; 2) Trademarks and Legal Notices; 3) MAC., Inc. and maeia-artsednetwork.org Ownership Rights; 4) Copyright Infringement/Digital Millennium Copyright Act Compliance; 5) Acceptable Use and Conduct; 6) User-Generated Content; 7) Interactions with Other Users and Third Parties; 8) Limitation of Liability; 9) Indemnity; 10) Disclaimer of Warranties; 11) Breaches of These Terms and Conditions; 12) Unenforceable Provisions; 13) Governing Law and Jurisdiction; 14) Assignment; 15) Amendments; 16) Term; 17) General; 18) Entire Agreement; and 19) Contacting Us.
The terms including and includes shall be deemed to be followed by the statement “without limitation,” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
maeia-artsednetwork.org and MAC, Inc. Resources are operated and provided by the Michigan Assessment Consortium, Inc. (MAC, Inc.), 1980 North College Road, Mason, MI, 48854.
If you have any questions about these Terms, please contact us at:
Michigan Assessment Consortium, Inc.
1980 North College Road
Mason, Michigan 48854