Membership Agreement and Terms of Service
The Arts and Digital Literacy Initiative, www.ArtsDigLit.com (ArtsDigLit), is a website that provides an online curriculum system for classroom teachers of Arts and Digital Literacy courses in Texas. The website is operated by the Texas Cultural Trust (TCT) as part of the Arts and Digital Literacy (ADL) Initiative. Access to ArtsDigLit is by membership only.
THIS MEMBERSHIP AGREEMENT AND TERMS OF SERVICE (COLLECTIVELY THE “AGREEMENT”) EXPLAIN HOW YOU MAY USE THE ARTSDIGLIT ONLINE SYSTEM AND THE ADL CURRICULUM. BY REGISTERING FOR AN ACCOUNT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS LISTED BELOW.
PART I: MEMBERSHIP AGREEMENT
- Membership Plan
- Memberships are subject to termination at TCT’s discretion. Applications for membership tiers are subject to TCT’s approval.
- Relationship of the Parties
- ArtsDigLit is owned by the Texas Cultural Trust and is housed on software owned by Resources for Learning, LLC (RFL).
- You represent that you are an individual 18 years old or older.
- TCT does not monitor or edit any transmissions, postings, routings or other materials which you may send, post, route, transmit or otherwise move through or with ArtsDigLit. You may not use ArtsDigLit in any manner that is unlawful, harms TCT’s or RFL’s hardware or software, harms other users or in any way which is not in complete conformance with this Agreement. In connection with your use of ArtsDigLit, you must not transmit any denial of service attacks, worms, viruses or any code of a destructive or malicious nature. YOU SHALL NOT USE ARTSDIGLIT IN ANY WAY THAT VIOLATES ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, OR THE LAWS OF ANY NATION, INCLUDING BUT NOT LIMITED TO IDENTITY THEFT, FRAUD, ABUSE, DENIAL OF SERVICE OR USES THAT MAY VIOLATE HACKING OR OTHER COMPUTER CRIME REGULATIONS.
- You acknowledge and understand that TCT and RFL are Service Providers and are not liable under the safe harbor protections under the Digital Millennium Copyright Act for any violation or infringement of third party copyright or other rights by you. You agree to indemnify TCT and RFL pursuant to Paragraph 7, herein below, for any copyright violations contained in any material you place on or transmit through ArtsDigLit.
- In the event of a merger, sale of assets or other corporate transaction involving RFL, or in the event of a bankruptcy, insolvency or other action involving RFL’s creditors, or under other similar or related circumstances, RFL reserves the right to disclose and/or sell information about you and your account(s) to any successor to RFL’s business.
- Notwithstanding any other provision of this Agreement, you shall not permit any user of ArtsDigLit to take any action, which if taken by you, would be considered a breach of any term of this Agreement.
- TCT and RFL reserve the right to modify this Agreement, subscription fees or terms, and features of ArtsDigLit at any time. An amended Agreement is always accessible from the ADL website. You will be given prior notice as set forth in paragraph 2H, below, of any such amendments to this Agreement or changes to ArtsDigLit or subscription terms. Your continued use of ArtsDigLit after notice of a modification indicates your acceptance of the amended Agreement or changes to ArtsDigLit or subscription terms. You should check this Agreement periodically for modifications.
- We may give notice to you by means of (i) posting information or a link to it on the ADL homepage, (ii) a general notice on your account login screen, or (iii) by email to your e-mail address on record in your registration data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after posting, immediately upon display on your account login screen, or twelve (12) hours after emailing.
- None of the information that may be provided in connection with ArtsDigLit is professional advice. Please consult an appropriate professional (accountant, attorney, consultant) regarding your specific circumstances.
- TCT may, but is not required to, deactivate any accounts or subscriptions that are inactive for six (6) months or more.
- You are responsible for maintaining all hardware and software needed to access ArtsDigLit.
- If you choose to participate in any beta program that might be available, you may receive early access to features still under development. You agree to keep any such features confidential, and understand that said features are experimental, are more likely not to function as intended, and may be changed or discontinued at any time. In addition, you understand that any such features, once released, may require a change in subscription level for continued access.
- This Subscription Agreement and the accompanying Terms of Service constitute the entire Agreement between the parties and supersede any prior written or oral understanding or agreements.
- Intellectual Property
- TCT retains exclusive ownership of all worldwide copyrights, trade marks, service marks, trade secrets, patent rights, moral rights, property rights and all other industrial and intellectual property rights in ArtsDigLit and documentation, together with any user content posted or otherwise provided to the ADL website or to TCT via feedback, suggestions, blogs, forums, comments and the like. All rights in and to ArtsDigLit are expressly reserved by TCT and RFL. Nothing in this Agreement shall be deemed to grant, by implication, estoppel or otherwise, a license under any of TCT or RFL’s other existing or future copyrights, patents, trademarks, service marks or other intellectual property.
- You agree to follow all proprietary laws that apply to your use of ArtsDigLit. This Agreement gives you no rights, titles or any interests in any intellectual property owned by the TCT and RFL and this Agreement creates no relationship between the TCT, RFL, and you other than that of subscriber and ArtsDigLit provider.
- You acknowledge that ArtsDigLit and its structure, organization, and content constitute valuable intellectual property of TCT and RFL. Accordingly, you agree not to (i) copy, distribute, modify, adapt, alter, translate, or create derivative works (as defined by the U.S. Copyright Act) from ArtsDigLit; (ii) merge ArtsDigLit with other software; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for ArtsDigLit; or (iv) otherwise use ArtsDigLit except as expressly allowed in this Agreement.
- You must not modify, adapt or hack ArtsDigLit or modify another website so as to falsely imply that it is associated with ADL, TCT, RFL, or any other TCT or RFL service or website.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of ArtsDigLit, or access to ArtsDigLit, without the express written permission by TCT.
- Payments and Fees
- You are responsible for payment of any fees for ArtsDigLit services now and in the future. You agree to pay for any services you sign up for upon invoice and you agree not to act in any way that could reasonably be considered fraudulent with respect to making payment. You shall pay all applicable taxes for which you may be liable due to your location.
- Limitation of Liability
- Neither TCT nor RFL shall be liable to you or any third party for any incidental, indirect, exemplary, special or consequential damages, under any circumstances, including, but not limited to, damages for lost profits, revenue or savings, loss of goodwill, or the loss of data or the use of any data or hardware, even if TCT or RFL had been advised of, knew, or should have known, of the possibility thereof. UNDER NO CIRCUMSTANCES SHALL TCT’s OR RFL’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT FOR THE TWELVE MONTHS PRECEDING THE FIRST ACTION THAT GAVE RISE TO LIABILITY. You acknowledge that the fees paid by you reflect the allocation of risk set forth in this Agreement and that neither TCT nor RFL would enter into this Agreement without these limitations on its liability. RFL is not liable to you for direct damages of any kind in connection with any third party software used with ArtsDigLit, any information or data accessed through ArtsDigLit or access to or inability to access ArtsDigLit, servers, or your account or data. Access to ArtsDigLit or your data could be delayed, inaccurate, in error, or contain omissions for which RFL will not have any liability.
- You expressly understand and agree that neither TCT nor RFL shall not be liable for any damages resulting from: (i) the use or the inability to use ArtsDigLit; (ii) any third party sites for a which a link is provided on the SS website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) changing your subscription plan or (v) any damages of any kind caused by third party suppliers of hardware, software, networking, storage, and technology used in the provision of ArtsDigLit.
- Disclaimer of Warranties by TCT and RFL
- ArtsDigLit is provided “as is” without any express or implied warranty whatsoever, including but not limited to any warranty of a particular functionality or warranty to be free from viruses, worms, spy-ware or the like. You recognize that the “as is” clause of this Agreement is an important part of the basis of this Agreement, without which neither TCT nor RFL would have agreed to enter this Agreement. TCT and RFL HEREIN DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING ARTSDIGLIT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING ARTSDIGLIT SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. YOU ACKNOWLEDGE THAT YOU RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. In no event will TCT, RFL, or ArtsDigLit authors be held liable for any damages arising from the use of this Online System. If ArtsDigLit and/or any data stored by you on ArtsDigLit Servers prove to be infected with malware, you assume the risk of any and all costs of any repairs to your computer systems, ArtsDigLit servers and/or any injuries or problems of any kind. TCT and RFL have the right to change its software, services or features in any way and at any time.
- TCT and RFL do not warrant that (i) ArtsDigLit will meet your specific requirements, (ii) ArtsDigLit will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of ArtsDigLit will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through ArtsDigLit will meet your expectations, and (v) any errors in ArtsDigLit will be corrected.
- You shall defend, indemnify and hold harmless TCT, RFL, their officers, directors, employees, contractors, agents, and attorneys from any and all third party claims or causes of action arising solely out of or in connection with your use of ArtsDigLit (other than any such claims or causes of action arising out of TCT or RFL’s gross negligence or willful misconduct), including but not limited to your breach of any term of this Agreement, uploading or posting any content without authorization in violation of copyright, and/or your violation of any local, state, federal or international law, or the laws of any nation, and shall pay any and all damages and expenses (including but not limited to reasonable attorneys’ fees) incurred by TCT, RFL, and/or their officers, directors, employees, contractors, agents, and attorneys. TCT and RFL reserve the right, at its own expense, to assume the exclusive defense and control of any matter to which it has been made a party notwithstanding indemnification by you, in which event you shall cooperate with TCT and RFL in asserting any available defenses.
- No Waiver
- If TCT or RFL fail to exercise any of its rights under this Agreement for any reason whatsoever, any such failure to exercise such right shall not constitute waiver of such rights.
- If a State or Federal court of competent jurisdiction finds any part of this Agreement unenforceable then the remainder of the Agreement will continue intact and in full force and effect.
- Governing Law, Jurisdiction and Venue
- This Agreement shall be governed and construed by the laws of the United States (as applied by Federal courts sitting in the State of Texas) and of the State of Texas, notwithstanding any rules concerning conflicts of laws. You agree that any legal action against the software authors, TCT, RFL, their owners, officers, directors, employees, contractors, agents or attorneys must be taken in Travis County, Texas, United States of America, and you herein consent to venue in Travis County Texas. By accepting this Agreement, you also consent to personal jurisdiction in any State or Federal Court located in Travis County, Texas, United States of America, and waives any objection thereto, including but not limited to the defense of forum non conveniens.
- This Agreement is in effect upon your account registration and remains in effect until one of the parties terminates the Agreement or terminates the account. TCT or RFL may terminate the Agreement or your account at any time for any reason. This Agreement automatically terminates if you breach any term of this Agreement. In the event this Agreement is terminated for any reason, all terms under the Agreement, except your right to use ArtsDigLit, survive such termination.
- You are solely responsible for properly canceling your membership. An email or phone request to cancel your subscription is not considered cancellation. You can cancel your subscription at any time by emailing the address shown on the site.
- Your content may be retained in confidence by TCT and RFL after cancellation except as provided herein.
- In the event you discontinue service or terminate your account your files and information may be deleted. It is your responsibility to download your information, files, or data prior to cancelling your account.
PART 2: ADL TERMS OF SERVICE
By using the ArtsDigLit and the ADL Curriculum, you agree to be bound by the following terms and conditions:
Terms of Service Rules
- Accessing unauthorized ArtsDigLit accounts and services is absolutely forbidden. You may not attempt to access accounts that are not yours.
- In order to use ArtsDigLit, TCT will grant you a Username, Password and an account. You are solely responsible for maintaining the confidentiality of your Username and Password. You may not share your Username and Password with others so they can access your account. You are responsible and liable for all activities conducted through your Username, Password and account, even if this occurs without your permission. We strongly recommend that you change your passwords regularly and refrain from using username and passwords common to other websites.
- Your Username may only be used by one person – a single Username shared by multiple people is not permitted.
- You are responsible for maintaining the security of your Username and Password. RFL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account(s) (even when content is posted by another who has a Username under your subscription).
- Your use of ArtsDigLit is at your sole risk. ArtsDigLit is provided on an “as is” and “as available” basis.
- Technical support is only required to be provided to approved members and is only available via email or the feedback box or any other such method as TCT and RFL may from time to time provide or permit in its sole discretion.
- You understand that TCT and RFL use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run ArtsDigLit.
- You understand that the technical processing and transmission of ArtsDigLit, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You are strictly prohibited from releasing any student, staff, or administrator information without the individual’s consent. You acknowledge that student information is highly sensitive and You accept that it is Your responsibility to comply with federal and state laws concerning the rights to privacy for minors. Where Your content includes student work, the student, the student’s parent, and/or the student’s guardian should be informed of the purpose for gathering student work and who is to be the intended recipient of the work. It is Your responsibility, and that of Your district to maintain documentation and comply with local, state, and federal laws. You must maintain the confidentiality of all identifiable student and/or faculty information, such as names. Additionally, the location or building names, including the school and district name, or any other information that could potentially be used to identify students in Your or a colleague’s classroom or school, must be de-identified or otherwise masked by You prior to submitting the content to the site. You shall not place photos of students on the site if there is any identifying information in the photo or accompanying text on the page (names, places, ages, and so forth). You will be held solely responsible for consequences or penalties directly or indirectly related to unauthorized disclosure of such information. TCT and RFL make no claim to monitor submitted content for compliance with district policies, local, state, or federal laws.