The Teachers Guild Terms of Use

The Teachers Guild's Terms of Use ("Terms") were last updated on January 26, 2015.

The Site, Contributions and Collaborations

IDEO LP or any of its related, affiliated or subsidiary companies (“IDEO”) and Riverdale Country School (“Riverdale”) own and operate the Internet site located at http://www.teachersguild.org (the “Site” or “The Teachers Guild”). The Site shall also include other websites operated by other entities which allows access to users registered to The Teachers Guild and are linked directly to The Teachers Guild. By accessing, browsing and/or using the pages and registering on The Teachers Guild, you (the “User”) agree to these Terms, incorporating the Privacy Policy, Cookies Policy and the Digital Millennium Copyright Act (DMCA) Procedure (collectively, the “Terms”). You may also enter (as an “Entrant”) a Collaboration or competition set on the Site (the “Collaboration”) with your own submission, research, idea or comment on or evaluation of another contribution (your “Contribution”) and this is further governed by separate Collaboration conditions (the “Collaboration Rules”) which in the event of conflict shall have precedence over these Terms. A functionality exists within the Site to acknowledge the Contributions of other Users to an idea, or invite other Users to contribute to a idea, (the “Team”) thus recognising that other Users can, to a limited extent, share in the idea and its journey through the stages of a Collaboration.

By using the Site, You agree to the following:

IDEO and Riverdale undertake:

The principles above are further specified in the following Terms. This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms do not further access this Site. If you are under 13 years of age or the age of consent in your home country, then do not further access this Site. If you are under the age of 18 years of age, then do not further access this Site without the permission and supervision of your parents or legal guardians.

BY ACCESSING AND USING THE SITE AND BY CHECKING THE “I AGREE” BOX WHEN SIGNING UP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE THAT THE FOLLOWING TERMS, PRIVACY POLICY, AND COOKIES POLICY FORM A BINDING LEGAL AGREEMENT (the “Agreement”) BETWEEN YOU AND IDEO AND RIVERDALE , AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.

BY ACCESSING AND USING THE SITE AND BY CHECKING THE “I'D BE HAPPY TO CONNECT AND COLLABORATE WITH OTHER USERS AND PARTNERS TO BUILD MY IDEAS” BOX WHEN SIGNING UP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE THAT THE FOLLOWING TERMS, PRIVACY POLICY, AND COOKIES POLICY FORM A BINDING LEGAL AGREEMENT (the “Agreement”) BETWEEN YOU AND IDEO AND RIVERDALE , AND YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND YOU AGREE THAT IDEO AND RIVERDALE MAY SHARE YOUR PROFILE WITH PARTNERS.

Use

Our primary purpose in collecting personal information is (i) to facilitate your use of the Site, (ii) to connect Users and Contributions, and (iii) to be able to contact you in connection with your Contributions and your use of the Site. We only require the minimum personal information about you that we consider necessary for achieving this purpose. See IDEO and Riverdale ’s Privacy Policy and Cookies Policy. As part of My Profile, you may add additional personal information and share this information with other Users.

You will receive email messages (the “Notifications”) from the Site to the email address in your My Profile with the purpose of (i) informing you of your and other Entrant’s activities relating to Collaborations that you are following, (ii) sending you an email informing you of new Collaborations and other related matters, or (iii) sending you an email to connect you with Partners to facilitate mentoring and implementation opportunities. You can opt out of (i) in My Profile, (ii) by using the “unsubscribe” facility in the email, and (iii) by not checking the “I'D BE HAPPY TO CONNECT AND COLLABORATE WITH OTHER USERS AND PARTNERS TO BUILD MY IDEAS” box on sign up or by emailing an unsubscribe request to hello@teachersguild.org.

Users under the age of 13 or the age of consent in their home country are not eligible to use the Site. Users under the age of 18 may only use the Site in conjunction with and under the supervision of parents or legal guardians. Users under the age of 18 cannot enter into an agreement with IDEO, Riverdale and their parents or legal guardians must register to the Site, agree the Terms, Privacy Policy, and Cookies Policy, and enter into the Agreement with IDEO and Riverdale.

If you are using the Site on behalf of an entity, you further represent and warrant that you are an authorized representative with the authority to bind such entity.

By agreeing to these Terms you also agree to the Privacy Policy and Cookies Policy and to also comply with the DMCA Procedure (when relevant) hereunder.

Grant and Restrictions on Use

The Site is owned and operated by IDEO and Riverdale. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by IDEO and Riverdale (the “Materials”) are protected by copyright, trade dress, author’s rights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Contributions and content submitted by you and other Users and Entrants, all Materials contained on the Site are the copyrighted property of IDEO, Riverdale or its subsidiaries or affiliated companies and/or Partners, or third–party licensors. All trademarks, service marks, and trade names are proprietary to IDEO and Riverdale or its affiliates or Partners and/or third party licensors.

Where IDEO and Riverdale have licensed elements of the Materials to another organization or individual for the purposes of this entity operating its own ‘branded’ website for Collaborations using the same community of Users you afford the same rights to this entity as you do to IDEO and Riverdale in these Terms.

IDEO and Riverdale grant you a non-exclusive, revocable right to use the Site for its intended purpose provided that you do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

IDEO and Riverdale hereby grant you a limited license to use the Materials, features and services provided by IDEO, Riverdale and Partners on this Site, solely for your personal, non-commercial use, to submit any Contribution, Applause or other content, subject to these Terms. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right.

IDEO and Riverdale reserve the right to review your Contributions in order to ensure compliance with these Terms, Privacy Policy, and Cookies Policy. IDEO and Riverdale reserve the right to deny or revoke access to this Site for any User, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Site will terminate upon the termination of these Terms for any reason.

Users are granted the use of User Contributions as stated in this Agreement, and the use of any content contained in the User Contributions will be entirely at your own risk, for which neither IDEO, Riverdale, nor Partners shall be liable. It shall be your own responsibility to ensure that any content from the Contribution you wish to use or develop is suitable for your specific requirements.

While IDEO and Riverdale endeavour to ensure that this Site is available at all times, IDEO and Riverdale shall not be liable if, for any reason, this Site is unavailable at any time or for any period.

Acceptable Use Policy

The Site enables you to submit, post, and share information and content with IDEO and Riverdale, Partners and other Users and Entrants, as further described hereunder. You must be a registered User and an Entrant to submit any Contributions to the Site.

If you are a User and want to submit your Contribution to a Collaboration it must be in accordance with Collaboration guidelines outlined when you submit to the Collaboration and become an Entrant. You are able to update your Contribution at any time, but you are not able to edit or remove it.

IDEO and Riverdale do not want to receive through this Site any confidential or proprietary information or materials otherwise subject to use restrictions. You understand that all Contributions, as well as your username and User photo/image (if uploaded to My Profile and made visible to other Users), will be deemed public and not confidential.

It is not necessary to fulfill the purpose of the Site and/or a Collaboration for a User or Entrant to disclose personally identifiable information and IDEO and Riverdale advise against such disclosure. It is each User’s decision as to whether they add personal information to My Profile or upload a photograph of themselves and to opt to make these visible to other Users as part of My Profile.

Unless expressly authorised in Collaboration Rules or on the Site, you are prohibited from posting or transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.

You are also prohibited from:

User Contributions

Your Contribution to IDEO and Riverdale on this Site is entirely voluntary, non-confidential and gratuitous. You grant to IDEO and Riverdale and its designees, such as Partners, unrestricted, perpetual, irrevocable, sub-licensable, non-exclusive fully-paid up and royalty-free worldwide license to use any ideas, expression of ideas, Contributions or other materials you submit on this Site without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.

The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works (e.g. a publication recording and celebrating a Collaboration), combine with other works, alter, translate, distribute copies, display, perform, license the Contribution or parts thereof, and all rights therein, in the name of IDEO and Riverdale, or its designees, such as Partners, throughout the universe in perpetuity in any and all media now or hereafter known.

In return for IDEO and Riverdale’s or a Partner’s review and consideration of your Contribution, you acknowledge that you have read, understand and agree to the conditions listed hereunder, and further agree that these Terms shall apply, until such time as IDEO and Riverdale otherwise agree in writing, to any additional Contribution, update to Contributions or content previously or later submitted.

  1. You represent and warrant that you are the owner of all Contributions and have all legal right and authority to grant IDEO, Riverdale and Partners the license and rights set forth herein. All necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for Contributions depicting people, products, businesses, or other content) have been obtained for you to grant the licenses contained herein.

  2. Your Contribution represents your own original work, you have all necessary rights to disclose your Contribution to IDEO, Riverdale and Partners and in doing so IDEO, Riverdale or Partners’ review and/or use of your Contribution, will not, to the best of your knowledge, infringe upon any other individual’s or entity’s rights.

  3. You understand that disclosure of your Contribution to IDEO, Riverdale or Partners does not establish a confidential relationship or obligate IDEO, Riverdale or Partners to treat your Contribution (or any related content) as secret or confidential.

  4. You understand that IDEO, Riverdale and Partners have no obligation, either express or implied, to develop or use your Contribution and that, unless explicitly stated in the Collaboration Rules, no compensation is due to you or anyone else for any inadvertent or intentional use of that Contribution, related Contributions or Contributions derived from your Contribution. You understand that IDEO, Riverdale and Partners assume no obligation with respect to any Contribution.

  5. You acknowledge that IDEO, Riverdale or Partners, directly or indirectly, may be working on the same Contribution or a similar Contribution to your Contribution, or already know of such Contribution from other sources. You also understand that other Users may be working on the same or a similar Contribution.

  6. You agree that (except to the extent that these terms are superseded by a separate agreement in writing by you and IDEO, Riverdale or Partners) you hereby irrevocably release and forever discharge IDEO, Riverdale and Partners from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against IDEO, Riverdale and Partners and their affiliates and subsidiaries or their respective successors and assigns with respect to your Contribution, including without limitation in respect of how IDEO and Riverdale or Partners directly or indirectly use your Contribution.

  7. Your Contribution, including any personally identifiable information, is voluntary and subject to the Privacy Policy hereunder. You are responsible for the content of your Contribution and agree to defend (at IDEO and Riverdale’s option and at your sole expense), indemnify and hold IDEO, Riverdale and Partners harmless from any damages, losses, costs, or expenses, including attorneys' fees, which IDEO, Riverdale and Partners may incur as a result of your Contribution.

  8. In operating the Site, IDEO and Riverdale may act as a “services provider” as defined by the Digital Millennium Copyright Act (DMCA), and offer services as online provider of materials and links to third-party websites. IDEO and Riverdale’s procedures with respect to the DMCA Procedure and alleged copyright infringement can be reviewed here and you agree to comply with IDEO and Riverdale’s requirements with this respect.

  9. If you are viewing this Site(s) on a public computer or are otherwise using a computer to which multiple people have potential access, you agree to follow good practice and ensure that you are sufficiently disconnected and logged off this Site(s) and the computer system you are using to prevent unauthorised Contributions.

  10. You agree that IDEO, Riverdale or Partners shall not be responsible for any fees that are or become payable as a result of the copying, distribution or display of the Contributions, including without limitation fees: (i) for any images or video recording embodied in the Contributions; (ii) for any composition or underlying works embodied in any Contributions; or (iii) to any actor, model, writer, creator, composer, artist or artist affiliated entity.

  11. IDEO and Riverdale retain the right to review, edit or delete from the Site any Contribution, which IDEO and Riverdale in its sole discretion, or in consultation with Partners as necessary, considers illegal, offensive or otherwise inappropriate.

  12. You acknowledge and declare that you have read and fully understand these Terms, Privacy Policy, and Cookies Policy, and appreciate the nature, extent and consequences of this Agreement, and the submission of your Contribution on the Site(s) is entirely voluntary.

Behavior Analytics

IDEO and Riverdale will use behavior analytics to drive site performance, including process, review, copy, report and/or distribute Analytic Quotient. “Analytic Quotient Information” as used in these Terms means data generated by the Software including but not limited to:

Where Analytic Quotient Information is disclosed to or accessed by any third party (except IDEO and Riverdale subcontractors including third party providers of tools who may have access), any personally identifiable information will be anonymised and aggregated.

Communications to the Site Administrator

The Site has the following means of communication to IDEO and Riverdale as administrator of the Site(s) and/or Collaboration:

‘Report this page’ or 'Report this user' or 'report' enables you to notify IDEO and Riverdale of offensive or damaging content, Contributions, postings or messages and allows IDEO and Riverdale to decide the course of action. IDEO and Riverdale have the right to remove material it considers offensive to Users and Entrants, and/or suspend a User’s registration.

Should three Users or Entrants report the same content, Contributions, postings or messages as offensive or damaging it is immediately “unpublished” from the Site and IDEO and Riverdale will contact the User and decide the course of action as above, including that the material is republished on the Site.

An email address is provided at the end of these Terms for questions about these, the Privacy Policy, Cookies Policy, and the DMCA Procedure.

Disclaimer

The materials and information on this Site may include technical inaccuracies or typographical errors. IDEO and Riverdale may make changes or improvements at any time without notice. The materials, information and services provided by IDEO, Riverdale or a Collaboration Host on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, IDEO and Riverdale provide this Site on the basis that IDEO, Riverdale and Partners exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to the Site.

Liability

To the maximum extent permitted by applicable law, IDEO, Riverdale, Partners, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of IDEO, Riverdale and Partners exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the Site, any websites linked to the Site, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Site, uploading your Contribution(s), or your downloading of any material from the Site or any website linked to the Site.

Nothing in these Terms shall exclude or limit IDEO, Riverdale or Partners’ liability for (i) fraud; willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.

Trademark Information

IDEO and Riverdale and the IDEO and Riverdale logos are the trademarks of IDEO and Riverdale. All other trademarks, service marks, domain names, logos and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of IDEO, Riverdale, or Partners or other participating parties. IDEO, Riverdale and Collaboration Hosts claim rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of the Partners or their respective owners, partners or participating parties. You may not use any trademark, service mark, domain name, logo, or company name of IDEO, Riverdale or Partners or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.

Digital Millennium Copyright Act (“DMCA”) Procedure

Infringement Notification Procedures

It is IDEO and Riverdale’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, IDEO and Riverdale will promptly terminate without notice the accounts of users that are determined by IDEO and Riverdale to be “repeat infringers.” A repeat infringer is a user who has been notified by IDEO and Riverdale of infringing activity violations more than twice and/or who has had a user submission removed from an IDEO and Riverdale Site more than twice.

To file a copyright infringement notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

To expedite our ability to process your request, such written notice should be sent to our designated copyright agent via email at copyright@ideo.com or via regular mail to the following address:

IDEO LP

Attn: Legal Group

150 Forest Avenue

Palo Alto, CA 94301

Attn: IDEO DMCA copyright infringement notification

For clarity, only DMCA notices should go to the IDEO Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to IDEO and Riverdale through hello@teachersguild.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Please note that under Section 512(f) any person who materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorneys’ fees).

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Counter-Notification Procedures

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act.

To file a counter notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(g) of the Digital Millennium Copyright Act to confirm these requirements):

Send the written communication to our designated copyright agent via email at copyright@ideo.com or via regular mail to the following address:

IDEO LP

Attn: Legal Group

150 Forest Avenue

Palo Alto, CA 94301

Attn: IDEO DMCA copyright infringement notification

Please note that under Section 512(f) of the Copyright Act, any person who materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain material infringes the rights of others, we suggest you consult your legal counsel.

What happens next?

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on IDEO and Riverdale. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

Jurisdiction and Compliance with Laws

Access to and use of this Site, Terms, Privacy Policy, Cookies Policy, and DMCA Procedure, are governed by the laws of the State of California, USA. You and IDEO and Riverdale agree to submit to the exclusive jurisdiction of the state and federal courts located in the Northern District of California, USA.

Waiver

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms, Privacy Policy, and/or Cookies Policy will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

Miscellaneous

If any part of these Terms, Privacy Policy, or Cookies Policy is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of the Site for illegal purposes will be provided to law enforcement authorities. These Terms, Privacy Policy, Cookies Policy, the DMCA Procedure and any applicable Collaboration Rules constitute the entire agreement between the parties relating to the use of this Site and supersede and replace any prior agreement and communication between the parties, except as otherwise set forth above. Save as provided in these Terms, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms (a “Misrepresentation”) and IDEO and Riverdale shall have no liability to you other than pursuant to these express Terms. Nothing in these Terms shall exclude or limit IDEO and Riverdale’s liability for any intentional Misrepresentation.

In the event you browse, access or use another website hosted by IDEO and Riverdale, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of the site.

Notice, Questions, and Modifications to the Terms

IDEO and Riverdale can revise these Terms at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms as modified and/or updated. If we make any material changes to these Terms, then we will post the updated Terms here and notify you by email or by means of notice on our Site prior to the changes becoming effective. Any questions on these Terms, Privacy Policy, Cookies Policy and the DCMA Procedure may be addressed to hello@teachersguild.org.