PROJECT STEM - TERMS OF USE

LAST UPDATED: MARCH 21, 2021

ProjectSTEM.org is a nonprofit organization focused on advancing equity in computer science and STEM in schools. As a part of that mission, Project STEM operates the website located at https://www.projectstem.org, and related curricular resources, information, text, curricula, videos, graphics, photos, email notifications and other materials and related programs, products and services (the “Services”).

These Terms of Use govern your use of Project STEM.org and the Services. By accessing or using our Services, you agree to be bound by the following Terms of Use and by our Privacy Policy available at projectstem.org/site-privacy which is incorporated here by reference.The Services are offered subject to your acceptance without modification of these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

These Terms are subject to change. You are agreeing to be bound by such changes if you continue to use the Services after these Terms change, so please check these Terms for changes periodically.

ADDITIONAL TERMS

Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms will control.

CHILDREN UNDER 13

In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly request or collect personally identifiable information from users under 13 years of age. 

‍Students under 13 may not register on their own. To enable students under 13 access to Project STEM resources, teachers will be provided with classroom codes and unique student-level secret passphrases for students. To sign students up for Project STEM, teachers will provide anonymous student username(s). Students accessing Project STEM may only do so when facilitated by an authorized school representative.

YOUR ACCOUNT

In order to access or use certain Services, you may be required to create an Educator or School account (“Account”). If you create an account for Services, you are responsible for the security of your account and for keeping your own password safe. Students accessing Project STEM may only do so when facilitated by an authorized school representative. If you are using an account assigned to you by an Educator, your Educator may be able to access and disable your account.

Project STEM may permit you to register an account for the Services through certain third party authentication services, such as Google (“Authentication Service”). By registering for the Services using an Authentication Service, you agree that Project STEM may access information from the Authentication Service required to facilitate the service and you agree to any and all terms of use of the Authentication Service regarding your use of the Services via the Authentication Service. You are solely responsible for your interactions with the Authentication Service.

RESTRICTIONS

You are solely responsible for User Content you may post to the Services and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that: (1) you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate 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 (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Website and to suspend or terminate users, without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Project STEM, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use nonpublic areas of the Services, Project STEM’s computer systems, or the technical delivery systems of Project STEM’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Project STEM (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Project STEM (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Project STEM is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, bullying or harassing, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Project STEM has no obligation to monitor User Content or other materials. You are responsible for evaluating all User Content including for accuracy, completeness and reliability, and you bear all risk of using such User Content. Project STEM will not be responsible for any damages that you may incur as a result of the submission or use of any User Content.

THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”)

We help schools be compliant with the Family Educational Rights and Privacy Act (FERPA) by facilitating a school’s access to student data in response to a family request. Email us at help@projectstem.org for assistance.

INTELLECTUAL PROPERTY AND LICENSE TO SERVICES

All right, title, and interest in and to the Services are and will remain the exclusive property of Project STEM and its licensors, except as otherwise set forth in these Terms. The Services are protected by copyright, trademark, trade dress, patent and other laws of the United States. The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.The ProjectSTEM® logo design is a registered trademark of Project STEM. You may only use the Project STEM logo or trademark with the permission of Project STEM, and only in reference to Project STEM. 

Project STEM grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. The Project STEM curriculum and tutorial materials may only be used for noncommercial, computer science and STEM educational purposes. You may use these Project STEM resources in a classroom where you charge students a fee to cover such costs as instructor compensation, venue, snacks, etc., so long as you do not represent the Project STEM resources as your own creation or restrict access to the resources behind a paywall. Project STEM also offers the option for schools and/or districts to purchase selected resources through a Project STEM School Account via authorized reseller partners. ‍If you are interested in licensing Project STEM materials for commercial purposes, contact us at licensing@projectstem.org.

Subject to these Terms, you may access and use the Services only for your own personal, noncommercial use. We reserve all other rights to the Services and Content, and otherwise you may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission, except as otherwise set forth in these Terms. 

Upon request, we may expressly authorize you to redistribute certain Content for personal, noncommercial use. We will identify specifically the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. In addition, notwithstanding any of the foregoing, use of Content or Services will NOT be permitted if such use constitutes an endorsement of a 3rd party brand, service or product or if access to such redistributed Content or Services is not provided free of charge.

The ProjectSTEM® logo design is a registered trademark of Project STEM. You may only use the Project STEM logo or trademark with the permission of Project STEM, and only in reference to Project STEM. Mash-ups or combinations of the Project STEM logo or name with other logos or names are specifically prohibited.

Portions of Project STEM CSE1 programs are also licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (CC BY-NC-SA 4.0) at  www.creativecommons.org/licenses/by-nc-sa/4.0/legalcode from the MyCS curriculum developed by San Francisco Unified School District, as based on MyCS developed by Harvey Mudd College. The original work has been modified. 

Project STEM does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Services.

PASSWORDS AND SECURITY

Some portions of the Services may be restricted to registered users or a subset of users, e.g. Project STEM school and educator account holders. When you register for access to such restricted Services, you agree to submit and maintain accurate and complete information. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Services or request additional information from you. When registering for access to restricted portions of the Services, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding the Services.

LICENSES

USER REPRESENTATIONS

By using and/or registering for a School or Educator Account, you represent that:

  • You are a school or district employee at a validated educational institution in the U.S or territories;
  • You will use the Services in compliance with all applicable laws and regulations;
  • Your registration information is accurate;
  • You will keep your account credentials, including your user name and password, confidential and will be responsible for all use of your account. If you suspect any unauthorized use of your account, please contact us at info@projectstem.org. 

In addition, you will not:

  • Infringe on our or any third party’s intellectual property or other proprietary personal or legal rights;
  • Obtain or attempt to obtain unauthorized access to our systems, materials or information;
  • Impersonate another user, misrepresent your affiliation with a person or entity, or attempt to hide your identity;
  • Upload, post or otherwise transmit content that contains personally identifying     information (including, but not limited to actual names, phone numbers, mailing addresses or email addresses), derogatory, harmful, abusive, defamatory or unlawful content, content that is invasive of another’s privacy or otherwise objectionable or commercial in nature;
  • Use the Services in any manner that could damage, disable, impair, or overburden the Services or to gain any competitive advantage over Project STEM;
  • Reproduce, rent, sell, modify, translate, decompile, disassemble, reverse engineer or create derivative works of the Services; or
  • Circumvent or disable any security or technological features or measures that protect the Services.

NO WARRANTIES

You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Project STEM makes no representations or warranties about the reliability, quality, suitability, availability, accuracy or completeness of the Services, and is not subject to liability for any delays or interruptions, viruses or other harmful components. You agree that your use of the Services is at your own risk. We reserve the right to modify, suspend or discontinue the Services at any time without notice. We further reserve the right, at any time without prior notice, to terminate your account and use of the Services for lack of use or if Project STEM believes that you have violated these Terms of Use. You agree that we shall not be liable to you or any third party for such actions.

Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Project STEM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Project STEM Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Project STEM Entities or through the Services, will create any warranty not expressly made herein.

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, In no event shall Project STEM or its affiliates, or any of their respective directors, officers, employees, agents, representatives and suppliers (or their respective successors and assigns) (the “Project STEM entities”) be liable to you or any third party in contract, tort (including negligence) or otherwise, for any direct, indirect, consequential, special, incidental or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will or other intangible losses, resulting from (i) your access to or use of or inability to use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Services; or (iv) unauthorized access, use, or alteration of your transmissions or content. Use,  regardless of whether these parties had advance notice of the possibility of any such damages. The limitations of this subsection shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Project STEM entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Project STEM’s total liability to you for any claim arising out of or relating to the services shall not exceed $100. Some states do not allow the foregoing limitation of liability so they may not apply to you.

INDEMNITY

To the extent permissible by law, you agree to indemnify, defend, and hold Project STEM and its directors, officers, employees, agents, affiliated companies, contractors, and its third-party suppliers, licensors, and partners (“Project STEM Indemnitees”)  harmless from any loss, claim, damage, liability or demand, including legal fees and expenses, arising out of, resulting from or connected with the use or misuse of thee website, the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, and/or arising from your breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with any reasonable requests to assist us in our defense of such matters.

RELEASE

In the event that you have a dispute with any user(s) of the Services, you release Project STEM and its directors, officers, employees and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 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.”

LINKS

We may provide links to other Web sites or resources. These links are provided solely as a convenience to you and inclusion of such links does not represent an endorsement by Project STEM. We are not responsible for the content of any linked websites or resources, and make no representations regarding the accuracy of such websites or resources.

COPYRIGHT INFRINGEMENT

Project STEM respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Project STEM will also terminate a user’s account if the user is determined to be a repeat infringer. 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing:

  1. Your name, postal address, telephone number and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located, with a link, if possible;
  4. 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;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material; and
  6. A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is: privacy@projectstem.org

GOVERNING LAW 

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or those of your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Kings County, New York, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).

If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

ASSIGNMENT

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Project STEM without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

ENTIRE AGREEMENT

These Terms are the entire and exclusive agreement between Project STEM and you regarding the Services (excluding any services for which you have a separate agreement with Project STEM that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Project STEM and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.

NOTICE

By using the Services, you consent to receiving electronic communications from Project STEM providing notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

We may revise these Terms from time to time and the most current version will always be at projectstem.org/site-terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email address associated with your account if we have it. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Please direct any questions regarding these Terms of Use to: info@projectstem.org