This website is for the uploading and viewing of educational videos.

 

1. Your Acceptance

A. You can log into this site using your district username and password in order to upload video. Please check with your teacher, supervisor or the webmaster before uploading any video. You will not be able to remove an uploaded video without assistance and all uploads are tied to your account. You will be held directly responsible for any misuse of this site.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version on this web page.

2. DISTRICT 128 WEBSITES

A. These Terms of Service apply to all users of the DISTRICT 128 WEBSITES, including users who are also contributors of video content, information, and other materials or services on the Website. The DISTRICT 128 WEBSITES includes all aspects of D128, including but not limited to all products, software and services offered via the website such as the D128 channels, the D128 "Embeddable Player," the D128 "Uploader" and other applications.

B. The DISTRICT 128 WEBSITES may contain links to third party websites that are not owned or controlled by D128. D128 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, D128 will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve D128 from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the DISTRICT 128 WEBSITES and to read the terms and conditions and privacy policy of each other website that you visit.

3. D128 Accounts

A. In order to access some features of the Website, you will have to log in using a D128 network account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your network account, and you must keep your account password secure. You must notify district IT staff immediately of any breach of security or unauthorized use of your account.

4. General Use of the Website—Permissions and Restrictions

District 128 hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without D128's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to D128's Embeddable Player or any of its related technologies.

C. You agree not to access User Submissions (defined below) or D128 Content through any technology or means other than the video playback pages of the Website itself, the D128 Embeddable Player, or other explicitly authorized means D128 may designate.

D. You agree not to use the Website, including the D128 Embeddable Player for any commercial use, without the prior written authorization of D128. Prohibited commercial uses include any of the following actions taken without D128's express approval:

• sale of access to the Website or its related services (such as the Embeddable Player) on another website;
• use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the DISTRICT 128 WEBSITES or any third-party website, targeted to the content of specific User Submissions or D128 content;
• and any use of the Website or its related services (such as the Embeddable player) that D128 finds, in its sole discretion, to use D128's resources or User Submissions with the effect of competing with or displacing the market for D128, D128 content, or its User Submissions.

E. Prohibited commercial uses do not include:

• uploading an original video to D128, or maintaining an original channel on D128, to promote your business or artistic enterprise;
• using the Embeddable Player to show D128 videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with D128;
• any use that D128 expressly authorizes in writing.

F. If you use the D128 Embeddable Player on your website, you must include a prominent link back to the DISTRICT 128 WEBSITES on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

G. If you use the D128 Uploader, you agree that it may automatically download and install updates from time to time from D128. These updates are designed to improve, enhance and further develop the Uploader 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 D128 to deliver these to you) as part of your use of the Uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the D128 servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, D128 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. D128 reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, D128 Community Guidelines, and all applicable local, national, and international laws and regulations.

J. D128 reserves the right to discontinue any aspect of the DISTRICT 128 WEBSITES at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the DISTRICT 128 WEBSITES.

A. The content on the DISTRICT 128 WEBSITES, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to D128, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. D128 reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the D128 Service; and
• for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the D128 Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the D128 Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the D128 Service or otherwise as prohibited under this Agreement.

D. You may access D128 Content, User Submissions and other content only as permitted under this Agreement. D128 reserves all rights not expressly granted in and to the D128 Content and the D128 Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the DISTRICT 128 WEBSITES or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DISTRICT 128 WEBSITES or the Content therein.

6. Your User Submissions and Conduct

A. As a D128 account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, D128 does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize D128 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant D128 all of the license rights granted herein.

D. D128 does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and D128 will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. D128 reserves the right to remove Content and User Submissions without prior notice.

7. Account Monitoring Policy

A. D128 reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. D128 may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE DISTRICT 128 WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Limitation of Liability

The Website is controlled and offered by D128 from its facilities in the United States of America. D128 makes no representations that the DISTRICT 128 WEBSITES is appropriate or available for use in other locations. Those who access or use the DISTRICT 128 WEBSITES from other jurisdictions do so at their own volition and are responsible for compliance with local law.