EduMotion: SEL Journeys

Last updated: April 23, 2019.

Welcome to www.seljourneys.com (“SEL Journeys”) and edumotion.com (collectively, the “Site”). The Site is owned and operated by EduMotion LLC (“EduMotion”, “we”, “us” or “our”).

This End User License Agreement and Terms of Service (the “Terms” or “Agreement”) govern the use of the EduMotion content and our digital learning platform, www.seljourneys.com (the “Platform”). The Site and Platform (collectively, the “Services”) are owned and operated by EduMotion.

PLEASE READ THIS AGREEMENT CAREFULLY.

Agreement to Terms

These Terms set forth an agreement between you and EduMotion. By using the Services, you agree to be bound by these Terms.

Under these Terms, EduMotion offers users the ability to (i) use the Site; (ii) use the Platform; and (iii) provide feedback and/or other material to EduMotion. By accessing, browsing, linking, and/or downloading information from the Site, creating an account, and/or using the Platform, you and, as applicable, the entity or organization that You represent (“You” or “Your”) are each deemed to have read, understood, and agreed to be bound by these Terms.

If You have agreed to these Terms on behalf of an educational institution (an “Institution”), You represent that You have the necessary authority to bind that Institution to this Agreement. If You do not have the necessary authority, or if You do not agree with any of these Terms, then You may not use the Service.

These Terms constitutes the entire agreement between You and EduMotion with respect to any use of the Services, and it supersedes all prior and contemporaneous agreements or arrangements between EduMotion and You in relation to the Services.

Changes to Terms

We may modify the Terms at any time, in our sole discretion. Such change will be effective upon posting the revised Terms, along with the date on which it was most recently updated on the Site as indicated by the “Last Updated” heading at the top of these Terms. If we do so, we’ll let You know either by posting the modified Terms on the Site and on the Platform, or through other communications as we choose or as is required by law. It’s important that You review the Terms whenever we modify them because if You continue to use the Services after we have posted modified Terms on the Site, You are indicating to us that You agree to be bound by the modified Terms. If You don’t agree to be bound by the modified Terms, then You may not use the Services.

Intellectual Property

You acknowledge that all Services and trademarks, service marks and logos, as well as all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that we post or make available through the Services (collectively, “Materials”) are owned by or licensed to EduMotion and are protected by copyright and other intellectual property or propietary rights, and that You have no rights to transfer or reproduce the Services or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Services.

You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

To request permission to modify or redistribute any portion of the Materials for commercial or non-commercial purposes, please contact support@edumotion.com in each instance.

Grant of License

So long as You comply with these Terms, we grant You a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to view the Materials and use the Services only for non-commercial purposes. All rights not granted herein are reserved by EduMotion. Your usage of the Services are subject at all times to these Terms and the limited license EduMotion grants to You.

The limited license granted to You is conditioned upon Your strict compliance with these Terms at all times, as determined by EduMotion in its sole discretion and judgment. We reserve the right to suspend or deny Your access to all or any portion of the Services at any time for failure to comply with these Terms.

You grant to us a non-exclusive, transferable, subliscensable, limited, worldwide license to use documents, information, content and other materials uploaded by you to the Services solely for the purpose of providing the Services to you. You are solely responsible for obtaining all rights and permissions for any information, content or materials that you upload to the Services.

Use of the Services

EduMotion requires You to create an account to use some parts of the Services.

You are responsible for using the Services in accordance with these Terms, and for all activity that occurs under Your account. You shall (i) maintain the confidentiality of your user name and password; (ii) promptly notify EduMotion if You know or suspect a security breach, including any unauthorized use of your user name and password; (iii) represent and warrant that the information provided to establish Your account(s) is true and accurate, and that You will promptly update that information in the event of any change.

You will not: (i) permit any third party to access the Services using Your account information; (ii) decompile, disassemble, overburden, impair, alter or reverse engineer the Services; (iii) use the Services or any of our confidential information to develop a competing product or service; (iv) impersonate another user of the Services or provide false information to gain access to the Services; (v) view or attempt to view records of another user; (vi) use automated systems, such as robots, spiders, etc., to access the Services or (vii) upload Materials, including photos and videos, that do not comply with the these Terms.

You may not use the Services to:

Upload, post, e-mail or otherwise transmit any material that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the Services;
Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any EduMotion representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Reproduce, distribute, publically display, or otherwise transfer any rights in the Services;
Access the Service in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service;
Provide, license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, display, publish, or otherwise commercially exploit or make available to any third party the Service or otherwise transfer or distribute the Service or any part thereof or use it for the benefit of a third party;
Upload, post, e-mail or otherwise transmit any material that You do not have the right to transmit under any law or under contractual or fiduciary relationships;
Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
Upload, post, e-mail or otherwise transmit any material that contains software viruses, trap doors, Trojan horses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, including privacy, laws, standards, or regulations, including but not limited to when you upload information that describes or relates to minors.

Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services.

Privacy

EduMotion and You each represent that it complies with, and will comply with, all applicable privacy laws, regulations, and contractual requirements with respect to the personally identifiable information collected, stored and maintained through the Services, as well as with all other applicable law or regulation.

EduMotion is committed to protecting the privacy of Your personally identifiable information, and maintains a detailed Privacy Policy, which may be viewed here ( Privacy Policy ). We reserve the right to modify its Privacy Policy in accordance with the procedure outlined in that policy.

Privacy Notice for Educators:

Family Educational Rights and Privacy Act ("FERPA")

In the event that EduMotion is used in an educational institution that is subject to the provisions of the Family Educational Rights and Privacy Act (FERPA), the educational institution appoints EduMotion as a "school official" as that term is used in FERPA, and determines that EduMotion has a "legitimate educational interest," for providing the Services. EduMotion agrees to be bound by all relevant provisions of FERPA, and agrees that personally identifiable student information as defined in FERPA will remain under the “direct control” of the educational institution, will be used only to provide the Services to the student, and will only be disclosed to third parties as necessary to provide the Services.

Children's Online Privacy Protection Act ("COPPA")

Students under the age of 13 shall not create an account and submit personal information as defined in COPPA.

When EduMotion is used in the home, authorized by a parent or legal guardian, EduMotion shall obtain verifiable parental consent prior to permitting a child under the age of 13 to use EduMotion.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites and platforms, social media pages, and/or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party websites or resources, and that You are also subject to their terms of use.

Termination / Subscription Fees

We may terminate Your access to and use of the Services at our sole discretion, at any time and without notice to You. Users may request deletion of their accounts by emailing support@EduMotion.com. When You delete Your account, that account cannot be recovered.

Upon any termination, deletion or cancellation of Your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability.

We offer subscriptions to teachers, schools and districts. The subscription price grants You access to SEL Journeys for one year from the date of subscription. There is no pro-rating of the subscription price. Your account shall be automatically renewed unless terminated by You prior to the end of the then-current subscription period.

EduMotion reserves the right to terminate Your account at any time; provided, however, that You shall continue to have access to the Services subject to these Terms, inclusive of our Privacy Policy until the expiration of Your then-current subscription period. EduMotion’s right of termination is in addition to any other available legal or equitable remedies for Your breach of these Terms.

Modification of the Services

EduMotion may, at any time and in its sole discretion, revise, modify, or otherwise change the Services, in whole or in part, with or without notice to You. If the change to the Services is material, we may notify You of the change by email.

Availability and Use of Site

The availability of our Services depends on many factors, including some factors that are beyond EduMotion’s control, such as Your connection to the Internet and the Internet backbone. EduMotion shall not be liable to You if You cannot access the Services due to reasons that are beyond EduMotion’s control.

Notice of Infringement

If You believe that Your intellectual property has been used or copied in a way that constitutes copyright or other intellectual-property infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide notice at the email address listed below containing the following elements:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the work(s) that You claim have been infringed and an identification of what material in such work(s) is claimed to be infringing;
a description of where the material that You claim is infringing is located on this Site;
information sufficient to permit to EduMotion to contact You, such as Your address, telephone number, and email address;
a statement by You that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
a statement by You that the information in the notice is accurate and, under penalty of perjury, that You, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, EduMotion may, in its discretion, remove or disable the material claimed to be infringed.

Please be advised that if You materially misrepresent that material is infringing Your intellectual property, You may be liable for damages (including costs and attorneys’ fees). If You are not sure whether the material infringes on Your intellectual property, You should consider contacting an attorney before contacting EduMotion.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, EduMotion designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement: support@edumotion.com .

How to Respond to a Claimed Infringement

If EduMotion removes or disables the material claimed to be infringing, EduMotion will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send EduMotion a counter-notice why the content does not infringe another individual’s intellectual-property rights and request reinstatement of the content. The counter-notice must be in writing and include the following information:

The owner’s physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which EduMotion, LLC. may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”

If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at EduMotion’s discretion.

Links to this Site

You may hyperlink to the home page of the Site from any Acceptable Site (as defined below); provided, however, that You comply with the following conditions:

You may not frame the Site or any portion of the Site;
The hyperlink to the Site is not used in a way that suggests that EduMotion endorses You or Your website or is affiliated with or sponsors Your website;
You obtain EduMotion's prior written approval if You intend to use any logos, trademarks, or other copyrighted material for such link;
The link to the Site is not used or presented in any way that disparages EduMotion or tarnishes, blurs or dilutes the quality of EduMotion's name or trademark or any associated good will;
Any link or authorized logo used as a link includes appropriate legends or other proprietary notices; and
You agree that EduMotion may terminate Your right to link or hyperlink to the Site at any time for any reason or for no reason.

An Acceptable Site means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party's intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

Warranty Disclaimer

You expressly agree that Your use of the Services is at Your sole risk. THE SERVICES AND ALL MATERIALS AND SERVICES THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE MATERIALS PUBLISHED ON THIS SERVICES MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. EDUMOTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SERVICES ’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY MATERIALS ON THE SERVICES. EDUMOTION DOES NOT WARRANT THAT THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE AND SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SERVICES. EDUMOTION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OF THE SERVICES. EDUMOTION DOES NOT WARRANT THAT DEFECTS IN ANY MATERIALS OR INFORMATION ACCESSED THROUGH THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES THAT MAKES MATERIALS OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL EDUMOTION, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SERVICES, INFORMATION PROVIDED ON THE SERVICES, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE MATERIALS OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE EDUMOTION OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, EDUMOTION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Relationship of the Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and EduMotion as a result of these Terms or any use of the Services. You agree not to hold yourself out as a representative, agent, or employee of EduMotion, and EduMotion shall not be liable for any representation, act or omission made by You.

Assignment

You shall not assign these Terms or any of Your rights and obligations hereunder. These Terms shall inure to the benefit of EduMotion’s successors, assigns and licensees.

Governing Law and Jurisdiction

The Services are operated and provided in the United States. These Terms are governed by and subject to the laws of the State of Illinois, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of this Services, and consent to personal jurisdiction and venue in the state and federal courts in Cook County, Illinois, with respect to all such disputes. You agree that any legal issues arising from or related to Your use of the Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Illinois applicable to contracts entered into. EduMotion makes no representation that the Services are appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if You choose to use the Services, You agree to do so subject to the laws of the State of Illinois without regard to its choice of law principles.

Severability

If any term or provision of these Terms is held to be invalid, illegal or unenforceable for any reason, the remaining portions (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of these Terms, to the extent necessary to validate such term or provision.

Other Terms

EduMotion’s failure to insist on or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of Terms, and together constitutes the entire agreement between EduMotion and You with respect to Your use of the Services. Any cause of action You may have with respect to Your use of the Services or that is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises.

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