AE E-Teacher Program Site Terms of Use

AE E-TEACHER TERMS AND CONDITIONS

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This document was created using a Contractology template available at http://www.freenetlaw.com, and licensed under a CC BY 2.0 license. To view a copy of this license, visit http://creativecommons.org/licenses/by/2.0/.  All American English E-Teacher relevant material is licensed as an Adapter’s License under the Creative Commons Attribution 4.0 License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/

1.    Introduction

Welcome to the AE E-Teacher Program Portal. This community is provided to you by Office of English Language Programs in the Bureau of Educational and Cultural Affairs at the U.S. Department of State.  The portal is administered by FHI 360.  The purpose of the Portal is to provide access to online professional development opportunities including courses, webinars, scheduled online events, etc.  The portal also offers opportunities to share information, ideas and resources via the Community of Practice.  

These terms and conditions govern your use of the AE E-Teacher Program Portal; by using this Portal, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Portal. 

You must be at least 18 years of age to use this Portal.  By using this Portal, and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

This Portal uses cookies.  By using this Portal and agreeing to these terms and conditions, you consent to AE E-Teacher’s use of cookies in accordance with these Terms of Use (TOU).

2.    Acceptable Terms of Use

The U.S. Department of State and FHI 360 provide this service to you subject to these Terms of Use (TOU) which may be updated without notice. By using this portal, you are accepting these TOU and agreeing to be bound by them, including the provision that you, not the U.S. Department of State or FHI 360, are entirely responsible for all material you post or otherwise make available via the Portal.

You must not use this Portal in any way that causes, or may cause, damage to the Portal or impairment of the availability or accessibility of the Portal; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You agree not to use the site to post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; any content that can harm minors in any way or impersonate any person or entity. You agree not to forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the site. 

You agree not to post content that may:
●    disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
●    interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
●    intentionally or unintentionally violate any applicable local, state, national or international law;
●    stalk or otherwise harass another; or
●    collect or store personal data about other users.

You agree not to post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You agree not to post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree not to post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 

You agree not to post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“rights”) of any party, and you agree that the AE E-Teacher Program, the U.S. Department of State, FHI 360, and all partners and subcontractors will not be held liable for any material you submit that may violate any rights of any party. Repeated postings of content that infringes on proprietary rights will result in termination of use. 

Canvas has its own Terms of Use and Privacy Policy, of which you should be aware, and which can be found at https://www.canvaslms.com/policies/terms-of-use. Please note that Canvas maintains that by using this Portal, you are agreeing to be bound by their Terms of Use and Privacy Policy. The U.S. Department of State and FHI 360 will not be responsible if you violate the terms and policies of Canvas.

3.    Restricted Access and Security

Participation in the Portal is voluntary, but access to certain areas of this Portal is restricted.  The AE E-Teacher Program reserves the right to restrict access to other areas of this Portal, or this entire Portal, at the AE E-Teacher Program’s discretion.

The AE E-Teacher Program may provide you with a user ID and password to enable you to access restricted areas of this Portal or other content or services.  You accept the responsibility for maintaining the confidentiality of your login information, and for all activities that occur under your login. You should immediately notify the AE E-Teacher Program of any unauthorized use of your login or account or any other breach of security. You agree that the U.S Department of State and FHI 360 are not liable in any way for any loss or damage arising from your failure to comply with this Section.

The AE E-Teacher Program may disable your user ID and password at its discretion if you violate the TOU.

4.    Member Conduct
You understand that all information, data, messages, or other materials (“content”) are the sole responsibility of the person posting or transmitting such content. This means that you, and not the U.S. Department of State and FHI 360, accept full responsibility for all content that you post, email, transmit, or otherwise make available via the Portal.

As a user of the AE E-Teacher Portal, you agree NOT to use this Portal to:

●    engage in any unlawful conduct in the Portal, including the Community of Practice (CoP). Do not post, publish, or distribute any defamatory, obscene, unlawful or infringing material or information in any Portal space.
●    engage in personal attacks of any type, including but not limited to “flaming” or “trolling”, e.g. posting topics or opinions that are designed to provoke a negative response from fellow users. We encourage critical discussion and debate; however, disrespectful or malicious statements about other individuals or groups are not acceptable.
●    use offensive language. If you are unsure if material could be considered offensive to the AE E-Teacher Program community, do not post it. 
●    engage in disruptive activity in the Portal, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
●    contribute content that contains photos, software, or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
●    post any instructions, software, or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites.
●    post any computer programs that contain destructive features, including but not limited to viruses, worms or Trojan horses. 
●    falsely impersonate any other person or user.
●    spam other users.
●    be a personal repository for information and documents, 

The AE E-Teacher Program reserves the right to remove at any time, without notice, any contribution that violates these guidelines. The AE E-Teacher Program also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from any forums or CoP.

5.    User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Portal, for whatever purpose.

You understand that all information, data, messages or other materials (collectively known as "content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the AE E-Teacher Program, the U.S. Department of State, or FHI 360, are entirely responsible for all content that you post, email, transmit or otherwise make available via the site. The AE E-Teacher Program does not control the content posted by users and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Portal, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the AE E-Teacher Program, the U.S. Department of State, or FHI 360 be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Portal.

You grant to the AE E-Teacher Program a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to the AE E-Teacher Program the right to sublicense these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the AE E-Teacher Program or a third party (in each case under any applicable law).  

You must not submit any user content to the Portal that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The AE E-Teacher Program reserves the right to edit or remove any material submitted to this Portal, or stored on AE E-Teacher Program servers, or hosted or published upon this Portal.

You acknowledge and agree that the U.S. Department of State and FHI 360 may keep a record of users’ violations of these TOU in order to detect patterns of such violations and to ensure that the community remains an open forum for dialogue. The U.S Department of State and FHI 360 may report violent or threatening content to the appropriate law enforcement agency.

You are responsible and liable for all your activities while participating in the AE E-Teacher Portal, including any material or comment you contribute. The AE E-Teacher Program, the U.S. Department of State, or FHI 360 will not be held legally liable for any offensive or threatening comment posted by users.

6.    Warranties

This Portal is provided “as is” without any representations or warranties, express or implied.  The AE E-Teacher Program makes no representations or warranties in relation to this Portal or the information and materials provided on this Portal.  

Without prejudice to the generality of the foregoing paragraph, the AE E-Teacher Program does not warrant that:

●    this Portal will be constantly available, or available at all; or
●    the information on this Portal is complete, true, accurate or non-misleading.

Nothing on this Portal constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any educational, legal, financial, or medical matter, you should consult an appropriate professional.

7.    Limitations of Liability

The AE E-Teacher Program will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Portal:

●    to the extent that the Portal is provided free-of-charge, for any direct loss;
●    for any indirect, special or consequential loss; or
●    for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the AE E-Teacher Program has been expressly advised of the potential loss.

8.  Special Caution for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Reasonableness

By using this Portal, you agree that the exclusions and limitations of liability set out in this Portal disclaimer are reasonable. Compliance with these TOU and the term’s of Canvas does not guarantee compliance with local and national laws of the country in which you reside. The U.S. Government, including the U.S. Department of State, and FHI 360 cannot protect individual users from the consequences of violations of the laws of other countries.  

If you do not think the exclusions, limitations, and overall TOU are reasonable, you must not use this Portal.

10. Other Parties

You accept that, as a limited liability entity, the AE E-Teacher Program has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against the AE E-Teacher Program officers or employees in respect to any losses you suffer in connection with the Portal.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Portal disclaimer will protect AE E-Teacher Program officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as the AE E-Teacher Program. 

11. Unenforceable Provisions

If any provision of this Portal disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Portal disclaimer.

12. Indemnity

You hereby indemnify the AE E-Teacher Program, the U.S. Department of State, and FHI 360 and undertake to keep the AE E-Teacher Program, the U.S. Department of State, and FHI 360 indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by the AE E-Teacher Program to a third party in settlement of a claim or dispute on the advice of the AE E-Teacher Program’s legal advisers) incurred or suffered by the AE E-Teacher Program arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

13. Breaches of these Terms and Conditions

Without prejudice to the AE E-Teacher Program’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the AE E-Teacher Program may take such action as it deems appropriate to deal with the breach, including suspending your access to the Portal, prohibiting you from accessing the Portal, blocking computers using your IP address from accessing the Portal, contacting your internet service provider to request that they block your access to the Portal and/or bringing court proceedings against you.

14. Revision

We reserve the right to change our Terms of Use at any time. If we make changes, we will post them and inform the community of the changes. If we make significant changes to this policy, we will notify you through notice on the Portal. We encourage you to refer to this policy on an ongoing basis.

15. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

16. Entire Agreement

These terms and conditions constitute the entire agreement between you and the AE E-Teacher Program in relation to your use of this Portal, and supersede all previous agreements in respect of your use of this Portal.

17. Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with United States law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United States.

18. English Language
To ensure that members adhere to the TOU, the language of the AE E-Teacher Program Portal is English. Content posted in languages other than English may be subject to removal. 

19. Contacting the Community Manager
If you have any questions about these terms, please contact the AE E-Teacher Program Community Manager at ae-eteacher@fhi360.org.