SITE
POLICIES
Terms of Services | Privacy Policy | Copyright Policy
AGREEMENT BETWEEN YOU AND
THE “SERVICE” OPERATED BY WIN ELEMENTS LLC ( “US”, “WE”, OR “OUR).
WIN ELEMENTS LLC
provides Sleedu® (the “Service”) that
provides and trains teachers and school leaders to use their available
technologies and provided website(s) (including, but not limited to,
Open-Source Software and Plugins, provided under the General Public License
(GNU), hosting on Sleedu.com and all of its subdomains) to implement
education-related strategies and resources to support students. Sleedu® providing
by WIN ELEMENTS LLC also provides an e-commerce website, Winelements.com,
hosting on separated servers.
Please read these Terms
of Service ("Terms", "Terms of Service") carefully before
using the "Service" operated by WIN ELEMENTS LLC ("us",
"we", or "our").
Sleedu® (the "Service")
provided by WIN ELEMENTS LLC with permission of your local school (“Local
School”) , local school district (“Local School District”) , teacher
(“Teacher”) , or other responsible education authority (the
"Subscriber") is made available to you (the "User") subject
to the following Terms of Service (the "Terms").
BY REGISTERING FOR,
ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
IF YOU ARE A PARENT OR
A LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE
WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH
CHILD’S USE OF THE WEBSITE.
IF YOU DISAGREE WITH
ANY PART OF THE TERMS, THEN YOU DO NOT HAVE THE PERMISSION TO ACCESS THE
SERVICE.
THESE TERMS REQUIRE YOU
TO WAIVE CLASS ACTION AND/OR JURY TRIALS, ANDY YOU ARE REQUIRED TO RESOLVE ANY
DISPUTES BY ARBITRATION
PLEASE NOTE THAT THE
TERMS ARE SUBJECT TO CHANGE BY US IN ITS SOLE DISCRETION AT ANY TIME.
We provide users with websites
and strategies to support students. We provide an account that enables a
designated User (usually, TEACHER ) to manage one or more online learning
courses. TEACHERS access and manages their courses and provide general support
on behalf of an Entity (such as, local school or local district).
“User” means any users of the Service, including TEACHER, STUDENT, and other
local school's personnels.
1. Accounts. THE
SERVICE IS NOT AVAILABLE TO (1) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM
THE WEBSITE (2) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN
APPROVED BY THE USER’S LEGAL PARENT OR GUARDIAN. BY REGISTERING FOR,
ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ARE EITHER (1) AT LEAST 13 YEARS
OF AGE OR (2) YOUR LEGAL PARENT AND/OR GUARDIAN HAS CONSENTED TO YOUR USE OF
THE WEBSITE, AND (3) YOUR USE OF THE WEBSITE IS IN COMPLIANCE WITH THIS TERMS
OF SERVICE AND ALL APPLICABLE RULES AND REGULATIONS.
1.1
Account. To use certain features of the Website, you must register for an
account, which you will be asked to provide username and password to connect to
your account and use certain service of the website. Once you sign up, you are
responsible for your account and any data associated with it. You are
responsible for any activity that occurs on your account and you must keep your
account password secure. You may not use as a username the name of another
person or entity or that is not lawfully available for use, a name or trademark
subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name
that is offensive, vulgar or obscene. You may never use someone else’s account
without permission. We recommend using “strong” passwords (passwords that use a
combination of letters, numbers, and symbols) for your account to avoid
unauthorized use. If you believe that an unauthorized user has used your
account, you must contact us by email immediately. We are not liable for any
losses or other damages due to unauthorized use of your account. You hereby
agree to indemnify, defend and hold "US" harmless against any and all
claims, losses, liabilities and expenses (including reasonable attorneys’ fees)
arising out of or related to (1) your violation of any provision, representation
or warranty and (2) your authorized and/or unauthorized use of the websites.
1.2
Child User. If you are a user of the website whose age is under
the age of 13 (“CHILD USER”), you may not register an account without the
consent of your legal guardian and/or parent. We collect limited personal
information from users when you create an account on the website. WHEN A
CHILD’S LEGAL PARENT AND/OR GUARDIAN GIVES THE CHILD USER’S CONSENT TO USE THE
WEBSITE, THE CHILD USER’S LEGAL PARENT OR GUARDIAN AGREE TO BE BOUND BY THE
TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE
FOR ALL USE OF THE WEBSITE BY THE CHILD USER. WE ARE NOT OBLIGATED TO VERIFY
THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A CHILD USER OR A
CHILD USER WITH THE CONSENT OF THE CHILD USER’S LEGAL PARENT OR GUARDIAN; OR,
THE USER WHO REGISTERS IS A TEACHER.
1.3
Teacher User. We make certain features, including, not limited to,
administrative features and tools of maintaining a COURSE to certain
users (including, not limited to, teachers, educators, and representative
of districts and/or school) to work with other users (such as students
and other users) throughout the website in order to provide educational-related
services ( such as, for example, (1) create assessments, (2) monitor
students and other users progress and content, and (3) upload content for
students and other users to access). If YOU ARE A TEACHER AND YOU HELP REGISTER
AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED
VERIFIABLE CONSENT FROM SUCH CHILD USER’S LEGAL GUARDIAN OR PARENT. YOU ALSO
FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER,
INCLUDING, BUT NOT LIMITED TO, BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE
CHILD USER. As a result, you also agree to indemnify, defend and hold harmless
us against any and all claims, losses, liabilities, and expenses (including
reasonable attorneys’ fees) arising out of or related to (1) your failure
to obtain sufficient parental or legal guardian consent; (2) the use of the
Website by the Child User; and (3) your violations of any applicable laws and
regulations, including, but not limited to, the Child Online Privacy Protection
Act (COPPA). For more information on COPPA, please see www.ftc.gov/privacy.
2. Privacy
Policy. Your privacy is important to us. Please read our Privacy Policy
carefully for information relating to how we collect, use, and disclosure of
Your personal information.
2.1 Google AdSense
Advertising. We only use Google AdSense on our E-COMMERCE/ ONLINE STORE,
which is hosting on a separate server and website (winelements.com),
to serve ads when you visit our website. Google may use aggregated information
(not including your name, address, email address or telephone number) about
your visits to this and other websites in order to provide advertisements about
goods and services of interest to you. WE DO NOT USE ANY PERSONALLY
IDENTIFIABLE INFORMATION IN STUDENT RECORD TO ENGAGE IN TARGETED ADVERTISING.
If you would like more information about this practice and to know your choices
about not having this information used by Google, click here.
3. User Content
3.1 User Content. We
do not control the user’s content (such as, but not limited to,
posts, notes, questions, comments, ratings, reviews, images, videos and/ or any
other user-generated content( collectively, “User Content”). You
understand that we have no obligation to monitor user content. You also
understand that we do not guarantee any confidentiality with respect to any
submissions or user-generated content. You also understand that we reserve
the right at all times to disclose any information posted by you or any other
user as necessary to satisfy any law, regulation or governmental request. You
also understand that we may edit, refuse to post, are objectionable or in
violation of these terms of use at our sole discretion.
Our Service allows you to post, link, store, share and otherwise
make available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post on or
through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and
warrant that: (1) the Content is yours (you own it) and/or you have the right
to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through the Service does
not violate the privacy rights, publicity rights, copyrights, contract rights
or any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit,
post or display on or through the Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through the Service. However, by
posting Content using the Service you grant us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. You agree that this license includes the
right for us to make your Content available to other users of the Service, who
may also use your Content subject to these Terms.
We have the right but not the obligation to monitor and edit all
Content provided by users.
In addition, Content found on or through this Service are the
property of WIN ELEMENTS LLC or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain, without
expressed advance written permission from us.
3.2. Deidentified
Information. We may use de-identified information to improve educational
products for adaptive learning purposes and for customizing user’s learning
experiences.
3.3. Copyright License
Grant to "US". A user may submit feedback or
testimonials about the service at the user’s discretion. By posting,
submitting or distributing testimonials or feedback on or through the Website
about the service, You represent and warrant that you have all rights
necessary to submit the Feedback. You hereby grant
to "US" a worldwide, non-exclusive, transferable, fully
paid-up, royalty-free, irrevocable right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute the content, in whole or
in part, in any media formats and through any media channels.
4. Copyright Policy
We respect the intellectual property rights of others. Our
policy is to respond to any claim that Content posted on the Service infringes
on the copyright or other intellectual property rights
("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf
of one, and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email to legal@winelements.com, with the subject
line: "Copyright Infringement" and include in your claim a detailed
description of the alleged Infringement as detailed below, under "DMCA
Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and
attorneys' fees) for misrepresentation or bad-faith claims on the infringement
of any Content found on and/or through the Service on your copyright.
4.1 DMCA Notice
and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
·
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright's interest;
·
a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
·
identification of the URL or other specific location on the
Service where the material that you claim is infringing is located;
·
your address, telephone number, and email address;
·
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
·
a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at legal@winelements.com
5. Prohibited Conduct. BY
USING THE WEBSITE, YOU AGREE NOT TO DO ANY OF THESE THINGS:
(1) post, upload, or distribute any User Content or other content that is
unlawful or that a reasonable person could deem to be objectionable, offensive,
racially or ethnically offensive, libelous, indecent, pornographic,
harassing, threatening, embarrassing, distressing, or otherwise inappropriate;
(2) upload invalid data, viruses, worms or other software agents
through the WEBSITE.
(3) make unsolicited offers, advertisements, proposals, or send
junk mail or spam to other Users of the Website;
(4) impersonate any person or entity
6. Interactions With
Other Users
6.1 No Confidentiality. Part
of the service is to provide users with the tools to collaborate and
communicate with other users (such as, not limited to, posting on forums,
workshops, and feedback). When publishing content on the website or
communicating with other users, you acknowledge that other users may view all
communications and any other user-generated content. You hereby understand that
you will always use caution when giving out any personally identifying
information about yourself. You also understand that you are solely responsible
for your interactions with other Users. You also agree that we will not be
responsible for any liabilities, damages, and losses resulted of such
interaction.
6.2 No Obligation to
Pre-Screen Content. Certain features of our service permit users to publish
content. You understand that we are not obligated to review, monitor, and/or
pre-screen Content (including, but not limited to, Your Content and other User
Content). However, we reserve the right in its sole discretion to pre-screen,
refuse, or remove any Content that (1) violates any law or regulation, (2)
violates these Terms, and/or (3) otherwise creates liability for us. You also
agree that you are
7. Links To Other Web
Sites
Our Service may contain links to third party websites or
services that are not owned or controlled by "US".
We have no control over and assumes no responsibility for the
content, privacy policies, or practices of any third party websites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that "WE" shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such third party
websites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third party websites or services that you visit.
8. Termination
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of the Terms.
If you wish to terminate your account, you may simply
discontinue using the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
9. Indemnification
You agree to defend, indemnify and hold harmless WIN ELEMENTS LLC
and its licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees), resulting from or arising out of a) your use
and access of the Service, by you or any person using your account and
password; b) a breach of these Terms, or c) Content posted on the Service.
10. Limitation Of
Liability
In no event shall WIN ELEMENTS LLC, nor its directors,
employees, partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and (iv) unauthorized access, use
or alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not
we have been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
11. Disclaimer
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The
Service is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance.
WIN ELEMENTS LLC, its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
12. Arbitration
Agreement
This Arbitration Agreement is part of your contract with WIN
ELEMENTS LLC and affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
12.1. Any
claims, disputes, and conflicts in connection with Agreement or the use of any
product or service provided by WIN ELEMENTS LLC that cannot resolved informally
will be resolved by binding arbitration.
12.2. IT IS
UNDERSTOOD THAT BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR A TRIAL IN
COURT. Both parties hereby waive their constitutional and
statutory rights of Jury Trial. Instead, all claims and disputes will be
resolved by arbitration under this Arbitration Agreement.
12.3. Notice
Requirement. Before either party may initiate arbitration, the party
must send a written notice of its intention to the other party. A Notice to WIN
ELEMENTS LLC should be emailed to legal@winelements.com and
send to:
Attn: Arbitration
California Registered
Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985
http://www.californiaregisteredagents.net
agent@californiaregisteredagents.net
12.4. No Monetary
award will be awarded for any claim. Please carefully read the disclaimer
section (11).
12.5. Time
Limitation. If you or WIN ELEMENTS LLC initiated an arbitration, any
arbitration action must be initiated and filed within any deadline.
12.6. Confidentiality. All
aspects of the arbitration proceedings shall be confidential unless otherwise
required by law.
13. E-COMMERCE/ ONLINE
STORE TERMS (only on Winelements.com )
To protect students and teachers' privacy, "WE"
dedicate specific websites to serve all educational purposes, and
"WE" operate a separate server and website dedicates for any
commercial purpose. Having a separated servers for different purposes is an
important step in our commitment to protect students' and other users'
privacy.
13.1 - Purchases and Payment
We reserve the right to refuse service to anyone for any reason
at any time. You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided,
without express a written permission by us.
1. Payment: Credit
card information is always encrypted during transfer over networks using PAYPAL or STRIPE.
2. Pre-paid
Subscription: Any subscription purchased for a Pre-paid Period will
manually terminate at the end of Pre-Paid Period.
3. Subscription
Cancellation by You: If you have purchased a recurring Subscription,
you may end your subscription at any time. When you choose to end your
subscription, your subscription does not renew on the next auto-renewal date.
You may continue to use the benefits of your subscription until that date,
after which your account will be manually downgraded.
4. Cancellation
by Us: We may cancel your subscription at any time for any reason,
with or without prior notice.
5. Refunds: Except
where required by law, Subscription purchased is non-refundable.
6. Price
Changes: WE may change the price of subscriptions from time to
time. WE will communicate any price changes to you in advance. If you
do not agree with price changes, you have the right unsubscribe prior to the
price changes going into effect.
7. Refund
Policy for delivered electronic goods, including, but not limited to, Lessons,
Quizzes, Videos, PDF, and other downloadable: Because you can't really
return a digital and downloadable product, all sales of digital and
downloadable products are considered final and nonrefundable. However, we do
offer refunds in circumstances: (a) damaged file (b) misrepresentation of
actual product or (c) duplicate purchases
8. Refund
Policy for customized products: Because of the nature of customized
items, unless arriving damaged or defective, we cannot accept returns.
9. The
condition of return: Buyers are responsible for return shipping costs.
If the item is not returned in its original condition, the buyer is responsible
for any loss in value.
13.2 ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify this site's contents at any time, but we
have no obligation to update any information on our site. You agree that it is
your responsibility to monitor changes to our site.
13.3 - MODIFICATIONS TO
THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
13.4 - PRODUCTS OR
SERVICES
Certain products or services may be available exclusively online
through the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of
any products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet your
expectations or that any errors in the Service will be corrected.
13.5 - ACCURACY OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns Policy.
13.6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely
at your own risk and discretion. You should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or features
through the website.
13.7 - THIRD-PARTY
LINKS
Certain content, products, and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
13.8 - USER COMMENTS,
FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
13.9- PERSONAL
INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy.
13.10- ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any
related websites, should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
13.11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
13.12- DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WIN ELEMENTS LLC, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility.
13.13- INDEMNIFICATION
You agree to indemnify, defend and hold harmless WIN ELEMENTS
LLC and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms of Service.
14. System Future
Update.
Because we want to limit any possible disruption of our Service
during a school calendar, we hold the rights to update websites at
any time at our discretion.
15. Opt-Out
If you are the user, or the parent and guardian of a user, using
our "service", and cease
to agree with Terms of Use and Privacy Policy (“Privacy
Notice”) at some point in the future, you may opt-out by contacting legal@winelements.com
16. Modification
of the Terms.
At our sole discretion, we reserve the right to modify, add, or
remove portions of this policy at any time. What constitutes a material change
will be determined at our sole discretion. Please check the Terms and any
Guidelines periodically for any changes. By continuing to access or use our
Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Service. We will make reasonable effort to provide notice
to you of such amended Terms, such as by posting a notice on the Website or by
email to the email address associated with your account.
17. FORCE MAJEURE
The user and the provider , WIN ELEMENTS LLC, shall not
be considered in default hereunder or be liable for any failure to perform or
delay in performing any provisions of this Agreement in the customary manner to
the extent that such failure or delay is caused by any reason beyond its
control, including any act of God, fire, explosions, hostilities, or war
,declared or undeclared, strike or work stoppage involving either Party’s
employees, or governmental restrictions; provided, however, that the Party
declaring force majeure shall give prompt written notice to the other Party of
the commencement, nature, and termination of the force majeure condition. The
Party whose performance has been interrupted by such circumstances shall use
every reasonable means to resume full performance of this Agreement as promptly
as possible.
18. Intellectual
Property Disclaimers
All of our websites use open-source software and plugins,
provided under the GNU General Public Licience, and WIN ELEMENTS LLC do not own
any intellectual property of such open-source software and plugins.
19. Contact Us
If you have any questions about these Terms, please contact us
at legal@winelements.com
If you are unable to contact us, you may contact our Registered
Agent:
California Registered
Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985
http://www.californiaregisteredagents.net
agent@californiaregisteredagents.net
Terms
of Services | Privacy Policy | Copyright
Policy
Please read Privacy Policy carefully before using the
"Service" operated by Win Elements LLC ("us",
"we", or "our").
Sleedu® (the "Service") providing by WIN ELEMENTS LLC
(collectively, "us", "we", or "our")
is committed to protect student privacy. We understand that privacy is
extremely important to users (including, but not limited to, teachers,
students, and child users) of our website. We are committed to
protecting your personal information and to be compliant to legal requirements,
including the Children’s Online Privacy Protection Act (“COPPA”) and the Family
Educational Rights and Privacy Act (“FERPA”).
We are proud supporter of Student Privacy Pledge, and we have taken
the Student Privacy Pledge to
use students' and our users' data from our services that are dedicated to
supporting instruction and learning opportunities to develop and improve our
product/services intended for educational/school use. In addition, we also host
a separate server for an online store/e-commerce on winelements.com to
further protect our students' privacy. This privacy policy has been compiled to
better serve those who are concerned with how their 'Personally Identifiable
Information' (PII) is being used online. PII, as described in US privacy law
and information security, is information that can be used on its own or with
other information to identify, contact, or locate a single person, or to
identify an individual in context. Please read our privacy policy carefully to
get a clear understanding of how we collect, use, protect or otherwise handle
your Personally Identifiable Information in accordance with our website.
BY USING THE WEBSITE, REGISTERING FOR, ACCESSING, OR
BROWSING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND
BY THE FOLLOWING TERMS AND CONDITIONS IN THIS PRIVACY POLICIES AND TERMS OF
SERVICES.
WHEN YOU REGISTER FOR OUR SERVICE, YOU WILL BE ASKED TO READ AND
AGREE TO OUR TERM OF SERVICES, WHICH ALSO REFERENCE OUR PRIVACY POLICY. BY
AGREEING TO OUR TERM OF SERVICE, YOU ARE ALSO AGREE TO PRIVACY POLICY.
IF YOU ARE A PARENT OR A LEGAL GUARDIAN AND YOU PROVIDE CONSENT
FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE
THE PERMISSION TO ACCESS THE SERVICE.
THESE TERMS REQUIRE YOU TO WAIVE CLASS ACTION AND/OR JURY
TRIALS, ANDY YOU ARE REQUIRED TO RESOLVE ANY DISPUTES BY ARBITRATION
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN ITS
SOLE DISCRETION AT ANY TIME.
1. What personal information do we collect from Students
and Child User?
WE collect your name, email address, username
name, password, avatar, user-generated content only for the purposes of which
were authorized by the educational institution/agency, teacher or the
parent/student. Once a user enrolled in a course, we track and retains related
records of user’s interactions with all activities of a course, which is the
primary function of our service, an online Learning Management System. The
teacher of the course will only view their students' data to better serve
students' learning.
2. What personal information do we collect from Teacher User?
WE collect your name, email address, username name, password,
avatar, user-generated content. When a teacher signing up for a Teacher Account
on Sleedu.com, or its subdomain, a third party PayPal service or STRIPE collects
and process your billing address and credit card information.
3. How do we use your information?
3.1 From You - When you, as a student or a teacher, create
an account, we ask for your name, username, password, and email address, to
create your account. Additionally, you may upload an avatar on your user
profile.
3.2 Information automatically collected. To provide a
personalized learning experience for our user, we automatically collect
certain types of usage information from your browser or device (such as, but
not limited to, log file, Internet Protocol (IP) address, device or browser
type, Internet service provider (ISP), the dates and times that you visit the
Website). We may use cookies — a small text file containing a string of
alphanumeric characters — to record current session information. Cookies
are used to track logins, sessions, and collect anonymous traffic data.
We may also collect Google Analytics data to help us measure traffic and
usage trends for the Service. We also collect information about how you
use the Service (e.g., the pages you view, Activities you use, other
interaction) and your usage of the Service over time. We may collect log file
information from your browser or mobile device each time you access the
Services.We do not allow any third party advertising networks to collect
information about the users of our website.
WE use a variety of third-party service providers (such as,
for example, YouTube to host our videos and/or Google Analytics to
understand our Website usage.
4. What do we do with the information?
4.1 Student and other Users. Students and other users may access
the website using personally identifiable information (such as, for example,
username, email, and password). We strictly maintain the confidentiality
of Student Data, and we do not use Student Data for any purpose other than to
provide the Service.
4.2 Information automatically collected. We use or may use
data collected through cookies, log files and device identifiers to: (1)
remember information so that a user’s progress from activities is saved, so
user can continue where user left off; (2) to record user’s achievement and
other records when they interact with the Service; (3) to diagnose and fix
technological problems; and/to (4) to help users access information more
efficiently.
5. How do we protect your information?
When you interact with the Service, the information you supply
is encrypted via Secure Socket Layer (SSL) technology. Your personal
information is contained behind secured networks and is only accessible by a
limited number of persons who have special access rights to such systems, and
are required to keep the information confidential. WE implement a variety
of security measures when a user enters, submits, or accesses their information
to maintain the safety of your personal information.
All transactions are processed through a gateway provider
(including, but not limited to, Stripe and PayPal) and are not stored or
processed on our servers.
6. How we share or transfer data.
WE protect the information you provide us, and we do not
rent or sell Personal Information that we collect from Users with third
parties.
7. Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider
transfers to your computer's hard drive through your Web browser (if you allow)
that enables the site's or service provider's systems to recognize your browser
and capture and remember certain information. For instance, we use cookies to
help us remember and process the items in your shopping cart. They are also
used to help us understand your preferences based on previous or current site
activity, which enables us to provide you with improved services. We also use
cookies to help us compile aggregate data about site traffic and site
interaction so that we can offer better site experiences and tools in the
future.
7.1 We use cookies to:
Compile aggregate data about site traffic and site interactions
to offer better site experiences and tools in the future. We may also use
trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie
is being sent, or you can choose to turn off all cookies. You do this through
your browser settings. Since the browser is a little different, look at your
browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It
won't affect the user's experience that makes your site experience more
efficient and may not function properly.
8. Third-party disclosure
WE do not sell, trade, or otherwise, transfer to outside
parties your Personally Identifiable Information unless we provide users with
advance notice. We may also release information when it's release is
appropriate to comply with the law, enforce our site policies, or protect ours
or others' rights, property or safety. Excluding third parties link provided by
our users, we will try our best to make sure any third parties that we provide
will adhere to the Pledge principles, including security and data retention
principles. Our online store/ e-commerce are hosted on a separate server, and
students under 13 years old do not have the permission to use our online store.
8.1 Third-party links
Occasionally, at our discretion, WE may include or offer
third-party products or services on our website. These third-party sites have
separate and independent privacy policies. We, therefore, have no
responsibility or liability for the content and activities of these linked
sites. However, we will try our best to make sure any third parties that we
provide will adhere to Pledge principles, including security and data retention
principles. Our online store/ e-commerce are hosted on a separate server, and
students under 13 years old do not have the permission to use our online store.
9. California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require
commercial websites and online services to post a privacy policy. The law's
reach stretches well beyond California to require any person or company in the
United States (and conceivably the world) that operates websites collecting
Personally Identifiable Information from California consumers to post a
conspicuous privacy policy on its website stating exactly the information being
collected and those individuals or companies with whom it is being shared. -
See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
9.1 According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on
our homepage or as a minimum, on the first significant page after entering our
website.
Our Privacy Policy link includes the word 'Privacy' and can
easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page
Can change your personal information:
• By logging into your account
10. COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from
children under the age of 13 years old, the Children's Online Privacy
Protection Act (COPPA) puts parents in control. The Federal Trade Commission,
United States' consumer protection agency, enforces the COPPA Rule, which
spells out what operators of websites and online services must do to protect
children's privacy and safety online.
WE do not specifically market to children under the age of
13 years old.
11. Fair Information Practices
The Fair Information Practices Principles form the backbone of
privacy law in the United States and the concepts they include have played a
significant role in the development of data protection laws around the globe.
Understanding the Fair Information Practice Principles and how they should be
implemented is critical to comply with the various privacy laws that protect
personal information.
In order to be in line with Fair Information Practices we will
take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We will notify the users via in-site notification
• Within 7 business days
WE also agree to the Individual Redress Principle which
requires that individuals have the right to legally pursue enforceable rights
against data collectors and processors who fail to adhere to the law. This
principle requires that individuals have enforceable rights against data users
and that individuals have recourse to courts or government agencies to
investigate and/or prosecute non-compliance by data processors.
12. CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial
email, establishes requirements for commercial messages, gives recipients the
right to have emails stopped from being sent to them, and spells out tough
penalties for violations.
We collect your email address in order to:
• Send information, respond to
inquiries, and/or other requests or questions
To be in accordance with CAN-SPAM, we agree to the following:
• Not use false or misleading
subjects or email addresses.
• Identify the message as an
advertisement in some reasonable way.
• Monitor third-party email
marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe
requests quickly.
• Allow users to unsubscribe by
using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving
future emails, you can email us at
Follow the instructions at the bottom of each email.
legal@winelements.com and we will promptly remove you
from ALL correspondence.
13. E-commerce/Online Store is on a Separated Servers (winelements.com)
To protect our students' privacy and our users' payment
information, WE host our E-commerce ( or Online Store) on a separate server.
13.1 Payment
All payment on our e-commerce/online store is processed and
completed by secured PayPal and/or Stripe Payment.
You can learn how PayPal protect our customers here.
You can also learn how Stripe protects our customers here.
13.1 Age of Consent
Only users who are 18 or older are allowed to create an account
on our e-commerce/online store (winelements.com). If you are younger than 18
years old, you do not have the permission to access or use our
e-commerce/online store.
13.2 Target-Placement Google AdSense (only on winelements.com)
WE use Google Placement-Targeted Ads on our
e-commerce/online store that is hosted on a separate server (winelements.com), where
teachers can buy a subscription and other products. Only on winelements.com,
WE use Google Ads to serve ads when you visit my website. Google may use
information (not including your name, address, email address, or telephone
number) about your visits to this and other websites in order to provide advertisements
about goods and services of interest to you. If you would like more information
about this practice and to know your choices about not having this information
used by Google, click here.
14. Change of Business, including a merger or acquisition.
In the event that WIN ELEMENTS LLC ( including its services, but
not limited to, Sleedu.com and other
services), we may transfer or assign the information that we have collected
from users as part of such acquisition, merger, or any other change of control.
However, we will only contract with future companies that are consistent with
Pledge principles or allow users a choice to send information to the future
identity.
15. Data Accessibility
Student, their parent, or their authorized parent will have
access to review, make changes, or correct student's personally identifiable
information using students' login information.
16. Data Retention
We will not retain students personal information for longer than
necessary to deliver services or for education purpose providing our
service. Each year, we will run a bulk action to remove and delete any users
who have not logged in for 365 days, which is one school year, so we would not
delete any active users. Once the users are deleted, their data will also be
deleted from our website, limited by the ability that our websites allows. If
your account and data are not deleted, contact us at legal@winelements.com to request a deletion of your account.
17. Notice and Choice
At our sole discretion, we reserve the right to modify, add, or
remove portions of the policy at any time. What constitutes a material change
will be determined at our sole discretion. Please check the Terms and any
Guidelines periodically for any changes. Also, we will announce our website if
there is any changes to our Privacy Policy. By continuing to access or
use our Service after any revisions become effective, you agree to be bound by
the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Service. We will make reasonable effort to provide notice
to you of such amended Terms, such as by posting a notice on the Website or by
email to the email address associated with your account.
18. Contacting Us
If there are any questions regarding this privacy policy, you
may contact us at legal@winelements.com
If you are unable to contact us, you may contact our Registered
Agent:
California Registered Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985
http://www.californiaregisteredagents.net
agent@californiaregisteredagents.net
Terms
of Services | Privacy
Policy | Copyright Policy
Please read these Terms of Service ("Terms",
"Terms of Service") carefully before using the "Service"
operated by WIN ELEMENTS LLC ("us", "we", or
"our").
We allow
"Instructors" (including, but not limited to, teachers, administrators,
Professional Development Specialists, and Coaches) to organize their course
materials and make them available to their students on our websites, including,
but not limited, Sleedu.com and/or its subdomains. We respect others'
intellectual property rights, and we ask that our users would do the same. The
guideline below is not legal advice and it is intended simply to help our users
follow best practice in their course design, in accordance with the Fair Use
Act and TEACH Act. It also describes our Copyright Policy and what we do to
respect the intellectual property rights of others.
What
is "fair use"?
“Fair use is an
exception to the exclusive protection of copyright under American law. It
permits certain limited uses without permission from the author or owner.
Depending on the circumstances, copying may be considered "fair" for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship or research...Keep in mind that
even in an educational setting, it is not fair use to copy for a
"commercial motive" or to copy "systematically," that is,
"where the aim is to substitute for subscription or purchase." No
factor by itself will determine whether a particular use is "fair."
Source: http://www.loc.gov/teachers/usingprimarysources/copyright.html
What
is the “TEACH Act”?
Signed by President
George W. Bush on November 2, 2002, the Technology, Education, and Copyright
Harmonization (TEACH) Act amends the US Copyright Act, and under certain
circumstances, allows faculty at accredited non-profit educational institutions
to use portions of copyrighted works online without the consent of the
copyright owner, if several conditions are met. The work performed or
displayed must be:
·
an integral part of the class session as determined by the
instructor.
·
as part of systematic mediated instructional activities
·
directly related and of material assistance to the teaching
content.
·
shall be made solely for students enrolled in the course, and
technology that reasonably prevents retention in accessible form for longer
than a class session, and technology that prevents unauthorized further
dissemination in accessible form, and no interference with copyright owner’s technological
measures that prevent such retention and dissemination.
How
does we facilitate Teach Act?
We facilitate
compliance by making it easy for instructors to use the password to protect the
course materials. We also post a Copyright Notice on our websites to remind our
users to respect intellectual property.
What
you can do to not infringe on the intellectual property of others?
·
When possible, provide a link to copyrighted materials rather
than uploading it directly on our website. We allow users to easily link
any image, video, sites, and other sources without having students leaving the
current page.
·
Use only the amount of a work that is needed to achieve your
teaching objectives.
·
Limited access to students who are currently enrolling in your
course.
·
Use only lawfully acquired copies of materials (e.g. items you
or the institution purchased).
·
Repeated use of materials from semester to semester weights
against fair use, so in such case, it is best to obtain permission from the
copyrighted sources/owner.
·
Provide attribution to both the creator and copyright holder.
Below are quoted
directly from copryight.gov to give examples of
what Work can be copyrighted and what are not copyrighted.
What Works Are
Protected ?
Copyright protects “original works of authorship” that are fixed
in a tangible form of expression. The fixation need not be directly perceptible
so long as it may be communicated with the aid of a machine or device.
Copyrightable works include the following categories:
1. literary works
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works 6 motion pictures
and other audiovisual works
6. sound recordings
7. architectural works
These categories should be viewed broadly. For example, computer
programs and most “compilations” may be registered as “literary works”; maps
and architectural plans may be registered as “pictorial, graphic, and
sculptural work
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for
federal copyright protection. These include among others:
1. works that have not been fixed in a tangible form of
expression (for example, choreographic works that have not been notated or
recorded, or improvisational speeches or performances that have not been
written or recorded)
2. titles, names, short phrases, and slogans; familiar symbols
or designs; mere variations of typographic ornamentation, lettering, or
coloring; mere listings of ingredients or contents
3. ideas, commonly known knowledge, procedures, methods,
systems, processes, concepts, principles, discoveries, or devices, as
distinguished from a description, explanation, or illustration
4. works consisting entirely of information that is common
property and containing no original authorship (for example: standard
calendars, height and weight charts, tape measures and rulers, and lists or
tables taken from public documents or other common sources)”
Source: https://www.copyright.gov/circs/circ01.pdf
Exception: Trademarks are also
protected intellectual properties. Trademark refers to a word , phrase, logo,
or design used to identify a particular brand. For example, Post-It is a
trademark.
NOTICE OF INFRINGEMENT
AND REMOVAL PROCESS
We respect the intellectual property of others, and we work hard
to respond to any notice of alleged copyright or trademark infringement.
If you believe that your work has been used on our websites in a
way that infringed your copyright or trademark, please send us an email to legal@winelements.com that
includes ALL of the following information:
1. Your Contact Information, including your Full Name, Telephone
Number, Email Address, and Your Mailing Address.
2. Identify the material that you claim to be infringed on your
intellectual property.
3. Describe where the material you’ve identified is located on our
website (e.g. url of the page)
4. Explain how the material you identified is infringing your
intellectual property.
5. A statement by you, under penalty of perjury, stating that
the information you provided in your notice is accurate and that you are the
intellectual property owner or authorized person who is acting on behalf of an
owner.
6. Your physical or electronic signature.
As a reminder, under
the “Section 512(f) Misrepresentations.
—Any person who knowingly materially misrepresents under this
section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake
or misidentification,
shall be liable for any damages, including costs and attorneys’
fees, incurred by the alleged infringer, by any copyright owner or copyright
owner’s authorized licensee, or by a service provider, who is injured by such
misrepresentation, as the result of the service provider relying upon such
misrepresentation in removing or disabling access to the material or activity
claimed to be infringing, or in replacing the removed material or ceasing to
disable access to it.”
Source: https://www.law.cornell.edu/uscode/text/17/512
If you are unable to contact us, you may contact our Registered
Agent:
California Registered
Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985
http://www.californiaregisteredagents.net
agent@californiaregisteredagents.net
What happens after you’ve emailed us your Notice of
Infringement?
Make sure that you have included the information above so we can
address your request timely. We will review your Notice of Infringement and act
in good faith. We will forward your Notice of Infringement to the user who
posted the content and we’ll remove the material from our site. The user who
posted the content has the legal rights to submit a Counter-Notice if that
person believes that the content was misidentified and/or removed by mistake.
If we received a Counter-Notice, we would forward it to you. “If proper
counter-notice is provided and if the copyright holder does not file suit
within 10 business days, [we’ll] restore the removed material”
(http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content).
Counter-Notification Process
If you have received a notice of Copyright Infringement
from us about one or more of your content and you wish to dispute the
claim, you can reply to the email and attach a Counter-Notice that include ALL
the information below:
1. Your Contact Information, including your Full Name,
Telephone Number, Email Address, and Your Mailing Address.
2. Identify what material was removed.
3. Describe where the material is located by providing an
URL of the page.
4. Provide a statement, under penalty of perjury, that you have
a good faith belief that the materials was removed due to be a mistake or
misidentification.(e.g. "I swear, under penalty of perjury, that I have a
good-faith belief that the material was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled." )
5. A Statement stating that: "I consent to the
jurisdiction of Federal District Court for the judicial district in which my
address is located (if in the United States, otherwise the Northern District of
California where GitHub is located), and I will accept service of process from
the person who provided the DMCA notification or an agent of such person."
6. 6.Your physical or electronic signature.
What happens after
you’ve submitted your Counter-Notice?
We’ll look if your Counter-Notice includes all the above
information, and we’ll forward your Counter-Notice to the person who sent the Notice
of Infringement. That person has 10 business days to take further legal action
to protect their work. If that happens, we will respect both parties and
remove your material from our site until we receive a further update.
Thank You for your Cooperation and Patience, and We hope that
you will take part in making a difference in our students' learning by
empowering our teachers.
Last Modified on January 19,2021.