Terms of Service
Welcome to Boundless! By using boundless.com and its subdomains (the “Website”), and all related tools and services, including any downloadable applications, we make available to you from time to time (“Services”), you indicate your unconditional acceptance of the following Terms of Service. Throughout these Terms of Service, “you” or “your” may refer as applicable to the student, the parent, the educator accessing or using any of the Services (each a "user"). Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to www.boundless.com/terms. These Terms of Service apply to all Boundless Learning, Inc.’s services and features unless otherwise indicated.
1. Scope of Service.
Boundless Learning, Inc. (“Boundless Learning,” “Boundless” or “we”) maintains this Website, and provides Services, as a service to the user community that visits the Website subject to these Terms of Service. The Services include a platform to help students learn by connecting them with high quality, educational content, as well as tools that enable them to collaborate with other students or educators through social media features. You are responsible for obtaining any equipment and Internet service necessary to access our Website and Services and for any paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Website and/or Services, for some or all users, from time to time. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
2. Registration and Membership.
b. Social Network Login Credentials.
c. Profiles. Limited Profile.
Upon registering for our Services, a user profile may automatically be created for you. In such case, you may select a profile photo to display with your profile information. You acknowledge that your profile may be viewed by other users of the Website. Boundless is not responsible for any personal information you choose to share within your profile.
d. Acknowledgement to Receive Email.
As a registered user of Boundless, you agree to receive emails promoting any special offer(s). We may from time to time send you our newsletter with information about upcoming events, special promotions, and product and service offerings from us and our partners. You may opt-out from receiving special promotions or our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
3. Website Content and Contributions.
Much of the information, text, images, data, links, software, or other material accessible through the Website, whether created by us or provided by another person, (“Content”) is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License (“Creative Commons Content”), as noted with respect to the sourcing of each item of Content on our Website. The educational Content on our Website has been prepared with the contributions of many authors, both within and outside Boundless Learning, with the outside Content obtained pursuant to the Creative Commons or a similar license. A summary of the terms of the Creative Commons license is available at http://creativecommons.org/licenses/by-sa/3.0/ and a full text of the license is available at http://creativecommons.org/licenses/by-sa/3.0/legalcode.
While much of the Content is Creative Commons Content, the rest of the Content available through our Website is not necessarily licensed under the Creative Commons license. For clarity and without limitation, the following are not licensed under the Creative Commons license:
i. The names, trademarks and logos of Boundless Learning and any other third party listed on the Website are not included in the Content that is licensed under the Creative Commons terms; and
ii. Any other Content on the Website that is not identified on the Website as coming from a Creative Commons source.
For Content of this Website that is not Creative Commons Content, users have a personal, non-transferable, non-exclusive right to access and use the Content solely for user’s personal, non-commercial use, subject to these Terms of Service.
The Website contains both Creative Commons Content, Content proprietary to Boundless as well as user-contributed Content (“Contributions”). Contributions, include, but are not limited to, educational content that you submit to us, your postings, messages, commentary, text, images, photographs, videos, audio files, or other materials whether submitted to us through our Services or otherwise. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. We reserve the right to take down Content from our Website if we no longer offer or replace such Content with a different offering.
You may view, copy, and print Content that is available on this Website, subject to the following conditions:
i. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including printing, photocopying and recording for any other purpose; provided that no such restriction applies to any Content that is Creative Commons Content.
ii. The Content, other than Creative Commons Content, may not be modified.
iii. Copyright, trademark, and other proprietary notices may not be removed from any Content.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
If you have any other questions about complying with our licensing terms you should contact us at firstname.lastname@example.org.
4. Contributions Submitted by Users.
b. Responsibility for Your Contributions.
The Services provide the capability for users to post, publish or otherwise make available Contributions for public display through our Website, such as through an online discussion forum or chat room or other service provided through our Website that allow users to communicate to other users (“Public Areas”), subject to the level of Public Areas which you indicate when you provide the applicable Personal Information, if any such level restriction are then offered by Boundless. You understand that all Contributions are the sole responsibility of the individual who provided the Contribution. You are solely responsible for any and all Contributions you make available on the Services. You assume all risks associated with your Contributions, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Contributions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Contributions as described herein. You may not suggest that your Contributions are in any way sponsored or endorsed by Boundless. You may be subject to liability, if your Contributions (including Notes as defined below) contains information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or contains material that is unlawful.
c. Contributions to Restricted Public Areas.
By posting information in a Public Area, you are choosing to make your information public. Some Public Areas, however, may be restricted to a particular group of users based on categories such as users’ class, school, or other custom created group (each a “Restricted Public Area”) to the extent indicated on the Website from time to time, such that information posted or shared in a Restricted Public Area will only be viewable by other users who have access to such Restricted Public Area. Please note that, once you share information in a Restricted Public Area, like other Public Areas, other users with access to such Restricted Public Area may copy and share such information, through the Website or otherwise, with third parties.
d. Communications with Class Instructor.
Instructors of a class may use Boundless as a forum to assist students with their studies outside of the classroom. “Instructors” are users who register as an instructor of a class as set forth on the Website from time to time. Instructors may view Restricted Public Areas for a particular Class (as defined below), as well as any other information that a user makes available to the Instructor. Boundless may provide an option on the Website for the user to select for certain information to share with the Instructor only. Boundless may add a feature to the Services for Instructors to assign study questions to certain users to a Restricted Public Areas for a particular class (each, a “Class”). Instructor’s may be permitted to receive a summary of certain metrics as described on the Website from time to time regarding how certain users within a Class are using the Services.
If you are an Instructor, by using our Services, you agree to accept these Terms of Service and to supervise the users in your Class, their use of our Services within the Class for compliance with these Terms of Service and your applicable school policies. Boundless is not responsible for monitoring use of the Services. Users who do not wish to participate in a Class with a particular Instructor may have an option to opt-out of the Class as described on the Website from time to time. [NOTE: Please confirm.]
e. User Notes.
Part of the Services include a Social Notebook feature that permits users to take notes online and highlight text (collectively “User Notes”) while reading online and share such User Notes with other users. By submitting such User Notes on our Website you deem such User Notes as Contributions for public display on our Services, unless, you opt-out through your account settings by making your User Notes “private.” If made public, your User Notes may be displayed in our Public Areas. Otherwise, if your settings are private for User Notes, you agree that Boundless may use your User Notes on an aggregate basis by removing any Personal Information. You may not be able to view other users’ User Notes on the Website, if you make your own User Notes private.
f. Contributions by Other Users.
You understand that Boundless does not control, and is not responsible or liable for Contributions made available by users of the Services, including, without limitation, the conduct of users or for views, opinions and statements expressed in Contributions of other users submitted for display in a Public Area. We do not prescreen information posted to Public Areas. With respect to such Public Areas, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Boundless Learning. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
We have the right, but not the obligation, to monitor Content submitted to our Website through a Public Area, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Boundless, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Boundless Learning, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
i. Boundless Disclosure of Contributions.
You acknowledge and agree that Boundless may store and/or preserve Contributions and may also disclose Contributions and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any Contribution(s) violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property, or personal safety of Boundless, its representatives and/or agents, its users or the public.
By using this Website, you agree to indemnify, hold harmless and defend Boundless Learning from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Website or your Contributions.
6. Prohibited Conduct.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Boundless Learning.
- Post Content you know is false, misleading, untruthful, or inaccurate.
- Engage in commercial activities on our Services or using our Services without Boundless’s prior approval.
- Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by Boundless;
- Use a name or language that Boundless Learning, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another's copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
We do not currently charge any fees to access and use our Services. However, Boundless reserves the right to charge for its Services to enterprises now or in the future. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to pay Boundless via or directly its third party payment processing service provider. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes. You may cancel your Premium Services as provided on the Website from time to time.
This Website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
9. Intellectual Property Rights.
Unless otherwise noted, particularly with respect to all Creative Commons Content, all Content contained on this Website is owned or licensed by Boundless Learning and/or its affiliates, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The absence of a product or service name or logo from this list does not constitute a waiver of Boundless's trademark or other intellectual property rights concerning that name or logo. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of User Notes or Contributions submitted by users via the Website, unless agreed by the submitter and Boundless in a separate agreement,. By submitting such User Notes or Contributions, however, you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such User Notes and Contributions, provided that to the extent that your User Notes are marked “private” in accordance with Section 4(b) of these Terms of Service at the time that they are posted on our Services, Boundless will not publically display such User Notes on our Website.
10. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: email@example.com, or Nick Ducoff, Boundless Learning, Inc., 164 Kneeland St, Boston, MA 02111, phone (313) 312-4467, fax (617) 516-1664.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in an online discussion forum, chat room, promotion, or other service offered on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
12. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
THE SERVICES AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BOUNDLESS LEARNING, INC. DOES NOT WARRANT THAT: (i) THE SERVICES OR THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability.
IN NO EVENT SHALL Boundless LEARNING, INC. BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Boundless'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, CUMULATIVELY BETWEEN YOU AND Boundless, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO Boundless FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
c. Waiver of Class Action.
ANY CLAIMS BROUGHT BY YOU OR Boundless MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Disputes; Release.
Boundless expressly disclaims any liability or claims that may arise between users of our Services. You are solely responsible for your interactions with all users and third parties and any disputes that arise from those interactions with such users or third parties. Boundless may monitor disputes between users, but is not obligated to monitor such disputes.
Because Boundless is not responsible for the interaction between users or any related transactions, in the event that you have a dispute with one or more users, you hereby release Boundless (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, in connection with the above release, 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."
15. Links to Third-Party Websites.
This Website may contain links to non- Boundless Learning websites that are provided to you as a convenience. Any outside website accessed from our Website is independent from Boundless Learning, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-Boundless Learning websites.
16. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Boundless Learning of that third party or of any product or service provided by a third party. Likewise, a link to any non- Boundless Learning website does not imply that we endorse or accept any responsibility for the content or use of such a website. Boundless Learning does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
17. Jurisdictional Issues.
We may terminate any user’s access to our Website, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website.
19. Unsolicited Ideas and Feedback.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of Boundless and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Boundless may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Boundless to review tour unsolicited ideas; and (5) Boundless has no obligation to keep any unsolicited ideas confidential.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, MA, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the Commonwealth of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
You may not assign or transfer these Terms of Service in whole or in part to any third party without the consent of Boundless. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. Boundless and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Boundless, and cannot be amended except by a writing signed by both parties or by Boundless’s posting of an amended version of this Agreement on its Website. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
22. For Additional Information.
If you have any questions about these Terms of Service, please contact Boundless Learning, Inc. at firstname.lastname@example.org.
Copyright © 2011-2013, Boundless Learning, Inc. All Rights Reserved.
Version: June 26, 2013