Ed.VoiceThread is a place where students and educators can safely create and collaborate around media. The community is open to all K-12 students and educators worldwide, but students can only join when an educator or administrator adds them. The community is built upon a foundation of accountability, all users are known users, responsible for their content and behavior. There are no free accounts and therefore a known person stands behind every piece of content and commentary. Our goal is to foster an environment filled with rich dialog and vibrant creativity. We have only one overarching goal: to put the community first, especially its younger members. Content and commentary that's made public can be seen by anyone, so rather than use your own personal yardstick of propriety, think of of someone who's under two feet tall and covers their ears and eyes while watching Shrek II; they are using this network and they are the yardstick. Keep in mind that a VoiceThread is by default private and fully capable of hosting complex and 'real' conversations about any serious matter, in private.
By using and/or visiting this webservice (including all content made available through the ed.voicethread.com domain name, the "Ed.VoiceThread" webservice, or "Webservice"), you the user are hereby agreeing to the following terms and conditions outlined below. These terms apply to all data and information that you transmit to Ed.VoiceThread ("Content"). If you do not agree to any of these terms, please do not use the services provided by this webservice.
1. You must be a K-12 Educator or Administrator to register for this service.
2. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ed.VoiceThread has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ed.VoiceThread has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. You are responsible for all transactions that occur from within your account or under your screen name. You are responsible for keeping your password secure. You must immediately notify the Ed.VoiceThread of any breach of security or unauthorized use of your account. Ed.VoiceThread is not liable for losses caused by unauthorized use of your account, you may be liable to Ed.VoiceThread or others for such unauthorized use. Ed.VoiceThread cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. The use of some features of this webservice, require the creation of an account. You may never use another user's account without prior permission. You must provide accurate and complete information when creating an account on the Ed.VoiceThread Service.
6. You agree not to employ automated systems (including crawlers, spiders, robots, etc) that send more requests to Ed.VoiceThread servers than possible to do by a human using a conventional web-browser in the same amount of time. However, Ed.VoiceThread allows the operators of public search engines to use spiders to copy materials from the webservice for sole purpose of creating public accessibility, but does not grant these operators permission to store, cache, or archive such materials for any other purpose.
7. You may not use Ed.VoiceThread for any illegal, illicit, or unauthorized purposes. Users agree to comply with all local laws regarding online conduct and acceptable content. International users, outside of the United States, agree to comply with all local laws regarding online conduct and acceptable content usage.
8. You are responsible for any and all content (data, text, information, screen name, graphics, photos, profiles, audio, video clips, links, or any information that you contribute to the Ed.VoiceThread Service) that you submit, post, create, and display on Ed.VoiceThread.
9. You agree not to modify, adapt, or impair any service on Ed.VoiceThread or its derivative products or services. Additionally, you agree not to falsely imply association with Ed.VoiceThread.
10. You agree not to transmit, construct, or provide means to send unwanted email messages to any Ed.VoiceThread user or use this webservice to convey unsolicited or unwanted emails to external users.
11. You may not transmit any code, worms, or viruses or destructive code to the Ed.VoiceThread Service or to hosts such code on this webservice.
12. You may not use Ed.VoiceThread to violate any laws in your jurisdiction or the jurisdiction of the United States. You may not post any content that violates the copyright, trademark or other intellectual property rights of Ed.VoiceThread or a third party.
13. Violation of these terms can result in the immediate termination of your Ed.VoiceThread account and the removal of all associated content. While Ed.VoiceThread strictly prohibits such conduct and content on its Service, you understand and agree that Ed.VoiceThread cannot be responsible for the Content posted by users on the webservice. Furthermore, you understand that you may be exposed to such materials and that your use of Ed.VoiceThread is at your own risk.
14. Ed.VoiceThread respects the intellectual property of others, and we ask you and our users to do the same. Ed.VoiceThread may disable and/or terminate a user's account if Ed.VoiceThread determines that the user is violating applicable copyright or other intellectual property rights of Ed.VoiceThread or any other third party.
15. Ed.VoiceThread may contain links by third party websites that are not owned, affiliated, or controlled by Ed.VoiceThread. Ed.VoiceThread has no control over and assumes no responsibility for content, policies, or practices of any third party website. Moreover, Ed.VoiceThread cannot edit or censor any of the content provided by these third party sites. By using the webservice, you are relieving Ed.VoiceThread from any and all liabilities arising from your use of these third party websites.
16. Ed.VoiceThread may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
17. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Ed.VoiceThread reserves the right to modify or terminate the Ed.VoiceThread service for any reason, without notice, at any time.
Ed.VoiceThread reserves the right to refuse service to anyone, for any reason, at any time.
Content and materials, provided through the Ed.VoiceThread service, posted on external third party websites must display a link back to the Ed.VoiceThread webservice on each and every page that include this hosted Content.
Ed.VoiceThread reserve the right to terminate any account that is found to be using Ed.VoiceThread merely for the purpose of hosting graphic or other electronic media such as web page designs, icons, emoticons, avatars, badges or other elements on external website in a fashion that has not been sanctioned explicitly by Ed.VoiceThread. This provision excludes embedding Content that Ed.VoiceThread has deemed acceptable for display on an external site.
Violation of these terms can result in the immediate termination of your Ed.VoiceThread account and the removal of all associated content. While Ed.VoiceThread strictly prohibits such conduct and content on its Service, you understand and agree that Ed.VoiceThread cannot be responsible for the Content posted by users on the webservice. Furthermore, you understand that you may be exposed to such materials and that your use of Ed.VoiceThread is at your own risk.
Ed.VoiceThread respects the intellectual property of others, and we ask you and our users to do the same. Ed.VoiceThread may disable and/or terminate a user's account if Ed.VoiceThread determines that the user is violating applicable copyright or other intellectual property rights of Ed.VoiceThread or any other third party.
Ed.VoiceThread may contain links by third party websites that are not owned, affiliated, or controlled by Ed.VoiceThread. Ed.VoiceThread has no control over and assumes no responsibility for content, policies, or practices of any third party website. Moreover, Ed.VoiceThread cannot edit or censor any of the content provided by these third party sites. By using the webservice, you are relieving Ed.VoiceThread from any and all liabilities arising from your use of these third party websites.
Content submitted or made available through the Service
Ed.VoiceThread does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to any Content you submit or make available for inclusion on publicly accessible areas of the Service you grant Ed.VoiceThread the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Ed.VoiceThread, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the content. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Ed.VoiceThread removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than the Ed.VoiceThread Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- With respect to Commentary, when a user leaves commentary anywhere within any Ed.VoiceThread Forum user grants the owner of same Ed.VoiceThread Forum the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Commentary (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas that are available to the general public.
Contributions to Ed.VoiceThread
1. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Ed.VoiceThread through its suggestion or feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Ed.VoiceThread is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ed.VoiceThread shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ed.VoiceThread may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Ed.VoiceThread without any obligation of Ed.VoiceThread to you; and (f) you are not entitled to any compensation or reimbursement of any kind from VoiceThread under any circumstances.
Copyright (What's Yours is Yours)
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Ed.VoiceThread respects the intellectual property of others and we ask our users to do the same. Ed.VoiceThread may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat offenders. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ed.VoiceThread's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located in the Service;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Ed.VoiceThread's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent c/o
PO Box 970533
Boca Raton FL 33497-0533
Phone: (253) 785-0036
Fax: (253) 785-0036
Ed.VoiceThread is a media sharing community which provides you with an easy way to publish and share media online, adding meaningful metadata and commentary to media. You do not need to be registered to search or view public media on Ed.VoiceThread, however you must be a registered member of Ed.VoiceThread to post or add commentary to Ed.VoiceThreads.
Information Collection and Use Practices
- Personal information is provided by the user or institution and is limited to first name, last name, and email address. K-12 students under Ed.VoiceThread do not enter any information themselves, and fictitious email addresses and pseudonyms may be used.
- You can choose to make your media and commentary public for anyone to access, restrict access to a limited number of other Ed.VoiceThread users, or keep your media and comments private so only you can access them.
- Advertisements shown to you may be related to textual information, such as metadata and notes, associated with the media you are seeing, or the search terms you entered.
Information Sharing and Disclosure Practices
- VoiceThread does not sell or share personal information with any third party for their commercial or marketing purposes.
- VoiceThread may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
- In addition, VoiceThread may release personally identifiable information to respond to a court order, subpoena, or search warrant.
- In the event that VoiceThread is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control.
- You can specify whether or not you want your media to be accessible to the public, accessible to a select few, or private (only you can access them with your Ed.VoiceThread ID and password).
Practices Regarding Your Ability to Update or Delete Information
- Individuals may always access, correct, and delete personal information. Institution administrators may also do this on behalf of their users.
- You can delete individual media and comments that you have on Ed.VoiceThread by selecting the media and your comments that you wish to delete, then clicking the delete button. Or you can delete an entire any of your own Ed.VoiceThreads by going into the 'options' tab and clicking delete.
- Visit your Ed.VoiceThread Accounts and Identities area to edit your profile, default privacy settings for media and comments, and more.
- Please give us feedback if you have questions about this service.
VoiceThread complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. VoiceThread has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view VoiceThread’s certification, please visit http://www.export.gov/safeharbor/
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ED.VOICETHREAD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ED.VOICETHREAD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ED.VOICETHREAD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ED.VOICETHREAD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ED.VOICETHREAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.