Terms of Service
The following terms and conditions govern your use of this site. Please read carefully. By using this site, you signify your agreement to these terms and conditions.
Zoom In™ is an online educational service offering content-rich U.S. history units designed to build literacy and historical thinking skills through exploration of primary and secondary source materials (the “Service”). The Zoom In site (including all services, functionality, and content available through the http://zoomin.edc.org domain name, collectively, the “Site”) is owned and operated by the Center for Children and Technology (“CCT”), a division of Education Development Center, Inc. (“EDC”). The terms set forth herein apply to all information, online communications, services, text, video, audio files, graphics, still images, links, or other material and content that is or becomes available on the Site. You specifically agree to abide by these terms and any modifications thereto.
Certain features or services available on the Site may only be accessible and used after registration and creation of an account. You must provide true, accurate, and complete information when creating your account. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and access to the Site. You are solely responsible for activities that occur with your account. You must immediately notify us of any unauthorized use of your account or other breach of security. We will not be liable for losses caused by any unauthorized use of your account. You may be liable for our losses or the losses of others due to such unauthorized use.
RESTRICTIONS ON USE OF SITE CONTENT
NON-COMMERCIAL, EDUCATIONAL USE ONLY. The Site and the content herein may be used for bona-fide non-commercial educational purposes only. You may not use this content in a defamatory or derogatory manner. You may not use this content for or in any commercial or for-profit manner. You may not create recreate, distribute, or advertise an index of any of the content or the Site unless authorized by EDC in writing.
In the interest of clarity, an “educational use” includes but is not limited to instruction or curriculum-based teaching and assessment by educators to students in educational or educational-support settings.
The content covered by these restrictions includes without limitation any text, graphics, artwork, layout, interface, logo, links, photographs, audiofiles, video, and still images.
You may not remove, copy, alter, reproduce, modify, or create derivative works from the content of the Site, or publicly perform, publicly display, broadcast, download, transmit, distribute, license, or commercially exploit in whole or part the content or the Site except as expressly permitted by the terms. We reserve all rights not expressly granted in and to the Site and the content.
You may not circumvent, disable, or otherwise interfere with the security features of the Site or the features that prevent or restrict use or copying of any content
You may not collect or harvest any personally identifiable information from the Site, except insofar as you are a teacher assessing and commenting on student work, and the students are known to you.
The Site permits the submission of textual content by you and other users (“User-Generated Content”). Specifically, users who are registered as Students write notes and essays that are submitted to their Teacher, and users who are registered as Teachers write textual feedback to Students. You understand that we do not guarantee confidentiality with respect to any such user-generated posting to the Site.
In connection with your User-Generated Content, you further agree that you will not upload content or distribute anything that may be harmful to minors or that violate these terms.
We do not endorse any User-Generated Content or any opinion, recommendation, or advice expressed herein, and we expressly disclaim any and all liability in connection with User-Generated Content.
REMOVAL OF CONTENT
We reserve the right to decide whether content or User-Generated Content is appropriate and complies with the Terms for violation other than copyright infringement such as but not limited to pornography, obscene or defamatory material, or excessive length. We may remove such Content and/or terminate a User’s access for uploading such material in violation of these terms at any time, without prior notice, and at our sole discretion.
We reserve the right to change or discontinue temporarily or permanently any Content available through the Site at any time without notice. We will not be liable to you or any other party for modifications to the service.
Consistent with California law, registered users who are California residents and are under 18 years of age are entitled to request and obtain removal of content and information they provide on the Site by emailing us or sending a letter to EDC/CCT, 96 Morton St, 7th Fl., New York, NY 10014. In your request, please provide a description of the material that you want removed and information reasonably sufficient to permit us to locate the material, and include your name, email address, and the phrase “California Removal Request” so that we can process your request.
As between you and EDC, all rights including copyright and database rights in this Site and its contents, including all text, images, software, illustrations, artwork, high-resolution photography, video clips, audio clips, and ancillary materials (if any), but excluding User-Generated Content, are owned by or licensed to EDC or otherwise used by us as permitted by applicable law or agreement.
Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to EDC. Nothing contained herein shall be construed as conferring to you and licenses or right under any trademark of EDC.
User’s Obligation to Abide by Applicable Law
In connection with the use of the Site, you shall not engage in conduct or publish information that would infringe on or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent, and trademark rights). You acknowledge that the Content and materials available on the Site include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Notification of Copyright Infringement
(a) Notice: If you are a copyright owner or an agent of a copyright owner and believe that any Content on the Site infringes on your copyrights, you may submit a notification in writing to our designated agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512(c)(3). All notifications of claimed copyright infringement should be sent to our designated agent: Lisa Ballew, Education Development Center, Inc. (EDC), Office of Legal Affairs, 43 Foundry Avenue, Waltham, MA 02453; email: email@example.com. According to 17 USC section 512 (c)(3)(a), all copyright infringement notifications must include all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the designated agent; any other feedback, comments, requests for technical support, and other communications should be sent to firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of Section (a), your notice may not be valid pursuant to the DMCA
(b) Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the Content, then you may send a counter-notice containing the following information to the designated agent identified in the Notification of Copyright Infringement Section (a):
DISCLAIMER OF WARRANTIES
The Site, the Content, and other material on the Site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. We do not warrant that any Content is complete or accurate, that the Site will be uninterrupted or error-free, or that any Content or material is free of Rogue Programming.
RELEASE AND INDEMNITY
Though we expect all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. Your use of the Site is at your own risk. You agree that we are not liable for content that is provided by others. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and are neither endorsed by EDC nor do they necessarily reflect our beliefs. You hereby release and waive any and all claims and/or liability against EDC and our employees, officers, trustees, affiliates, and/or licensors, arising from or in connection with your use of the Site, the Content, and/or any other material on the Site. You also agree to defend, indemnify, and hold harmless EDC, our employees, officers, trustees, affiliates, and/or licensors from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site, the Content, and/or any other material on the Site, or failure to abide by applicable law.
These Terms and the Content may be revised, amended, or supplemented by EDC without notice at any time for any reason. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.
These Terms will be governed by and interpreted in the English language pursuant to the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.