Please read the following terms of service carefully. By registering with us or accessing our site, you agree to be bound by these Terms of Service.
Terms of Service
1. ACCEPTANCE OF TERMS OF SERVICE; ADDITIONAL TERMS
The Center for International Education, Inc., a North Carolina corporation doing business as Participate and its subsidiaries (referred to as “us” or “we”), provides the www.participate.com site (the “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced in these Terms of Service (the “Terms of Service”).
By accessing or using the Site, you indicate your acceptance of these Terms of Service and agree to be bound by these Terms of Service on behalf of yourself, if you are an individual, and on behalf of yourself and the organization you represent if you are a business entity user. If you are a business entity user, you represent and warrant that you have full authority to bind that entity to these Terms of Service. You must be at least 18 years old or the age of majority in your jurisdiction of residence (if older than 18) to be able to agree to these Terms of Service. If you do not or cannot accept these terms, please do not use the Site.
In addition, when using particular services on the Site, you shall be subject to any additional terms applicable to such services that may contain terms and conditions in addition or different to those in these Terms of Service. In the event of a conflict between these Terms of Service and such additional terms, the additional terms will control with respect to their specific subject matter.
We reserve the right to change the Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and the Terms of Service periodically to learn of any modifications. Your continued use of the Site after the posting of any modifications shall constitute your agreement to be bound by such modified Terms of Service. We may modify, suspend, discontinue or restrict the use of the Site, any portion thereof or any content at any time with or without notice to you.
The Site includes our PARTICIPATE CHAT service that allows educators to engage in collaborative conversations by authenticating through Twitter and allows chats to be shared publicly. We are not affiliated with or endorsed by Twitter, Inc. Our PARTICIPATE COLLECTIONS service allows educators to collect and share resources and content. You are solely responsible for any content that you submit and for any associated consequences. We cannot be responsible for any user content. You agree that you will not submit any third party copyrighted or trademarked material unless you have been permitted to do so by the rightful owner. Please continue to read below for additional terms and conditions for using our Site.
2. AGE REQUIREMENT
The Site is not intended for use by minors. If you are under the age of 18, or the age of majority in your jurisdiction of residence (if higher than 18), do not use the Site.
3. CONTENT AND TRADEMARKS
All of our text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation, course materials and other content available on or through the Site (collectively “Our Content”), including but not limited to the design, structure, arrangement and “look and feel” of the Site, is owned by or licensed to us and is protected by copyright, trademark and other intellectual property rights and laws.
No part of the Site and none of Our Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for public or commercial purposes. You may solely display and make copies of Our Content for your personal, non-commercial purposes and subject to any additional terms that apply to specific content on the Site.
Our name, our logo, and all related names, logos, product and service names, designs and slogans are our trademarks. You may not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. We and any party that provides trademarks, service marks, logos, and copyrighted works to us retain all rights with respect to any of our and their respective trademarks, service marks, logos, and copyrighted works appearing on the Site. All rights are reserved.
Notwithstanding the foregoing, these Terms of Service do not prohibit users to utilize our logos and/or trademarks solely for the limited purpose of linking back to our Site from a third-party site. No additional license is implied or granted.
4. SOCIAL MEDIA
As indicated above, the Site includes our PARTICIPATE CHAT service that allows educators to engage in collaborative conversations and share resources through Twitter. We are not affiliated with or endorsed by Twitter, Inc.
We hope you enjoy the information and materials on our Site. We’re glad when you link to them or post them on your social media accounts, but only for your personal use. You’re not permitted to post or upload any of our Site content for your commercial, business, or non-personal use. If you use or post our Site information and materials for any non-personal purposes, you’ll be violating our intellectual property rights. Also, make sure that your social media account permits you to post third party content.
5. USE OF SITE
Your use of the Site is subject to all applicable laws and regulations, which may vary depending on your jurisdiction of residence and from where you access the Site.
You may not:
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Site or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
- Attempt to gain unauthorized access to any portion of the Site or any of Our Content, or any systems or networks connected to the Site, by hacking, password “mining” or any other illegitimate means.
- Probe, scan or test the vulnerability of the Site or any of Our Content, or any system or network connected to the Site.
- Reverse lookup or trace any information of any other Site user or visitor or otherwise use the Site for the purpose of obtaining information of any other Site user or visitor, which is not publicly available through the Site.
- Use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Site, any of Our Content, or any other content on the Site, or any systems or networks connected to the Site, or with any other person’s use of the Site.
- Use the Site, any of Our Content, or any other content on the Site for any purpose that is unlawful or prohibited by the Terms of Service.
- Restrict or inhibit use of the Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Site.
- Misrepresent an affiliation with, or otherwise impersonate, any person or organization.
- Use the Site to violate the legal rights (including the rights of intellectual property, publicity and privacy) of others or to violate the laws of any jurisdiction.
- Upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material (as determined in our discretion), or any material that is, or may be, protected by copyright or trademark laws, without permission from the copyright or trademark owner. Observe all copyright and trademark notices on materials you may find on the internet or elsewhere and do not upload or transmit them if you have any doubt about whether you are permitted to do so without first obtaining written permission from the copyright or trademark owner.
- Do not upload or share any personally identifiable information of students or third persons, including but not limited to student names or recognizable student photos, images or likenesses, without obtaining prior written consent from the individual, or his or her parent or legal guardian in the case of a minor.
Any unauthorized use of the Site or any of Our Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
6. USE OF SOFTWARE
Any software that is made available via the Site shall be governed by the terms of the license agreement that accompanies the software or is posted with the software download or at the Site page where the software can be accessed; provided, however, if no such license agreement is made available, we grant you a revocable, worldwide, royalty fee, non-assignable, non-exclusive license to use the Software for your personal, noncommercial use in accordance with the Terms of Service. In the event of any inconsistency between the Terms of Service and any license agreement, the license agreement shall govern in relation to the software.
You may not decompile, Reverse Engineer or otherwise attempt to discover the source code of the software.
The software may automatically download and install updates from us from time to time. These updates are designed to improve, enhance and further develop the software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.
7. ACCOUNT INFORMATION
Certain features or services offered on or through the Site may require you to open an account (including a username and password). You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password.
It is your sole responsibility to:
- Control the dissemination and use of your account and password.
- Promptly inform us of any need to deactivate an account or password. We are not liable for any activity through your account (whether or not authorized by you), any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password. You are solely responsible for any damages resulting from the use of your account and username. You may not use your account or password to breach security of another account.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO THE SITE, SERVICES OR ANY CONTENT WILL BE SECURE, UN-INTERRUPTED OR ERROR-FREE.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE, SERVICES OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITE, SERVICES OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR AFFILIATES TO YOU OR ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM FOR THE SERVICE GIVING RISE TO THE CLAIM.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE, SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR ELSE SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
11. TERMINATION AND INDEMNITY
You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of the Terms of Service or for any other reason whatsoever.
You agree to defend, indemnify, and hold us and our Affiliates (defined in Section 9 above) harmless from and against any demands, loss, liability, claims or expenses (including attorneys’ fees) made against us due to or arising out of your use of the Site, services or any content on the Site, or your breach of these Terms of Service, including without limitation, a breach of Section 11 below.
12. USER SUBMISSIONS
If you make any submission to us, you agree that you will not send or transmit any communication or content that:
- Is defamatory, indecent, harassing or otherwise objectionable (as determined in our discretion).
- Infringes or violates any copyright or other intellectual property, publicity or privacy rights of any party.
- Contains a virus or corrupted data.
- Violates these Terms of Service.
By submitting content to this Site, you also agree that: (1) you have read, understand and accept these Terms of Service; (2) you own the copyright or trademark in the content or have the necessary rights to share and post any content you upload, and you are not under any employment, right of first refusal or other contractual obligation to make the content available to anyone else; (3) for any photographs or videos containing the images of students or student work, you have first obtained an appropriate prior written consent from the parent or legal guardian; (4) you have not included any personal information, which may include but is not limited to first name, last name, address, email, telephone number, photograph, Social Security Number or any other information that allows an individual to be identified. By submitting content to our Site, you also represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable, royalty-free, worldwide, non-exclusive right and license in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you for any purposes, in any media now existing or hereafter created, and to create derivative works from such content, without any need to seek your review or approval, or provide notice or consideration to you. We may modify, adapt, publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any such content.
User content reflects the ideas and content of users. We may, but are not required to screen, user content submitted to or through the Site for conformity to these Terms of Service. We reserve the right to remove any user content at any time, for any reason.
All email and other correspondence that you submit to us shall become our sole and exclusive property.If you submit any business information, idea, concept or invention to us, such submission shall be considered:
- Our sole and exclusive property. We will have no obligation of any kind with respect to the submission, and we will be free to use or further transmit such submission for any purpose.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe in good faith that content on the Site constitutes copyright infringement or otherwise violates your legal rights, you may provide the copyright agent below with a written notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512) containing the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description (such as the URL) of where the material that is claimed to be infringed is located on the Site;
- Your name, address, telephone number and email address;
- A statement that you have a good faith belief that use of material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our designated agent to receive notifications of claimed copyright infringement is:
The Center for International Education, Inc. dba Participate
201 Sage Road
Chapel Hill, NC 27514
Attn: Legal Department
14. LINKS AND THIRD PARTY CONTENT
We may provide links to third-party websites. We do not recommend or endorse the content of any third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites (including their privacy policies).
We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Any notices will be deemed delivered to the party receiving such communication:
- One business day after deposit with an overnight carrier.
- Three business days after mailing date if sent by postal mail.
- The date of transmittal if sent via email.
- The date we post the notice to the Site.
16. GOVERNING LAW AND INTERNATIONAL USE
The Terms of Service will be governed by and construed in accordance with the internal laws of the State of North Carolina, U.S.A., without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, North Carolina and waive any objection to such jurisdiction or venue. In any action to enforce the Terms of Service, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs.
We are headquartered in the United States and the Site is operated out of the United States. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site, services and content from locations where its use is illegal is prohibited.
Some software from the Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has placed an embargo; or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Table of Deny Orders. If you download or use the Site or software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list. You may not use or export the materials from this site in violation of U.S. export laws and regulations.
17. ENTIRE AGREEMENT
The Terms of Service represent the entire agreement between you and us with respect to the subject matter addressed in the Terms of Service and supersede all prior or contemporaneous agreements or understandings, written or oral with respect to their subject matter. The Terms of Service shall be binding upon and inure to the benefit of you and us and our respective successors and lawful assigns. If any provision of these Terms of Service is unlawful, void or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a continuing or future waiver of that right or any other provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
19. CONTACT US
If you have any questions regarding our Terms of Service, you may contact us at firstname.lastname@example.org.