These Terms govern your use of the Site and the Services on it. Please read these Terms carefully as your access to this Site or use of the Site or Services in any way means you accept these Terms and agree to be bound by them. If you do not agree to these Terms, you must stop accessing or using this Site and the Services.
Last updated: 15 November, 2012
Certain features or Services made available through the Site may have additional or alternative terms and conditions that apply, which are posted on the relevant feature or Service.
For your ease of reference, you may find the categories of terms below, however, please read the entire Terms as all of the provisions apply to your use of this Site:
- Changes to the Terms or Site
- Use of User Provided Content
- Third Party Offerings and Sites
- SMART Provided Content
- Intended Use
- Submitting User Generated Content
- Submissions – Privacy Safeguards
- Rights of Third Parties
- Reporting Concerns or Disputes
- SMART Exchange™ Website
- e-commerce Feature
- Trial and other Software or Application Downloads
- SMART Gallery Images
- SMART Ecosystem Network
- SMART Exemplary Educator Online Community
- SMART Learning Space
- SMART Notebook™ Express online and SMART Notebook for Web Beta
- SMART Response™ VE Software
- Prohibited and Illegal Activities
- Creating an Account
- Termination of Membership or Participation
- Disclaimers of Warranties and Limitation of Liability
- General Terms
SMART may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site and the Services if you do not agree to the amended terms, and to provide SMART notice to remove you from any distribution lists or other communication list that are available to you through registration on this Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
SMART may at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it). SMART shall not be liable to any User or other third party for any such modification, suspension or discontinuance.
SMART may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and sites are subject to and governed by these Terms.
In these Terms, the expression "Submission" means content submitted by our Users, and includes, but is not limited to, any User contributed file (including a file created in SMART Notebook™ software format or SMART Table™ software format, .pdf format, PowerPoint® and Microsoft® Word), text, images, content, video, sound files, communications, opinions, links, software, data, and any other content any User provides on the Site. Users may contribute Submissions in a variety of manners including, but not limited to content upload pages or other methods of file content sharing, message boards, chats (discussion forums) blogs, calendar of events, audio and/or podcasts, video blogs, personal web pages, wiki pages and/or other message or communication facilities designed by SMART to enable Users to communicate or share materials with others.
You acknowledge that all Submissions, whether publicly posted or privately transmitted, accessible through the Site are the sole responsibility of the person from whom the Submission originated, and YOU ARE USING SUCH SUBMISSION AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. SMART does not control the Submissions provided by Users of the Site, and can therefore not guarantee the accuracy, quality, integrity or ownership of such Submission. You acknowledge that you may be exposed to Submission material that you find offensive or indecent, or for which the underlying rights have not been properly obtained. You acknowledge that SMART assumes no responsibility for content posted by third parties which is available through the Site or the Services made available through the Site. You are solely responsible for your use of the Submissions and any disputes you may have with other Users, even though SMART may provide a method for Users to advise of a dispute or complaint). Please see the Reporting Concerns or Disputes section below for additional information.
Users may include hypertext links in Submissions to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, would not violate the Terms. SMART exercises no control whatsoever over such other Sites and web-based resources. SMART does not endorse or guarantee the accuracy of any Submission or other content on the Site. You agree that SMART is not responsible for the accuracy or availability of any third party content, advertising, promotions, products or other materials accessible through the Site and will not be liable for any damages incurred as a result of the submission or use of any such content.
Clicking on links contained in Submissions is done so at the User's own risk. SMART reserves the right to review any Submissions and to remove or refuse to remove or post any Submissions or links within Submissions in its sole discretion.
The Site may contain or reference links to third party Sites or third party advertising. Some of those links are provided as a convenience only. The inclusion of any link or reference to a Third Party service, product or promotion is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SMART of any information contained in any third party Site.
If you decide to use Third Party services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party services (including their privacy policies). You agree that the third party, and not SMART, is responsible for the performance of the Third Party services, the information contained in such Third Party site and for your use or inability to use such Third Party site.
While reasonable efforts have been made to ensure the information on this Site is as accurate and up-to-date as necessary for the purposes for which it is to be used, the information on this Site does not represent a commitment on the part of SMART. SMART MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO USE OF THIS SITE OR THE INFORMATION ON THIS SITE. Information published may contain references to products, programs or services that are not announced or available in all countries. Such references do not imply that SMART intends to make such products, programs or services available in any specific country. The information available on this Site is provided as a convenience only.
Images (such as SMART product images, for example) and all other content contained on the Site that is not specifically offered for download by the Users (such as through the SMART Exchange website, for example) is the property of SMART or its licensees and you agree not to copy, publish, distribute, display or otherwise use such materials other than viewing them on the Site, without the express written permission of SMART.
Unless specifically otherwise stated in these Terms, or the additional or alternative terms associated with a particular Service, all materials, information, Submissions and Services contained on or accessible through this Site may only be downloaded, viewed and printed for personal use or internal circulation (such as within a classroom or teaching environment) within your organization (including educational institutions), and only provided that no trade-mark, copyright or other proprietary notices contained in or appearing on such material are removed, modified or obscured. Material, information, Submissions and Services (including software programs) contained on or accessible through this Site may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent and/or your acceptance of the associated end user license agreement, as applicable. All rights not expressly granted in these Terms are reserved, and Users must seek our permission before making any other use (and in particular, any reproduction or use for commercial gain) of material, information, Submissions or Services contained on or through this Site.
Unless specifically otherwise stated in these Terms, your permission to use the Site does not include: any resale or commercial use of the Site or its contents (including Submissions) whether provided by SMART or any of its Users or third party content providers, or any derivative use of this Site or its contents; or the creation of a competing offering. You agree to not download bulk amounts of Submissions or other content from the Sites, regardless of whether the intent is to use such content for commercial or non-commercial purposes. You do not acquire any ownership interest by downloading any such content from the Site. Unless an express license is granted to you elsewhere in Terms or related features or Services, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, transfer, sell or otherwise exploit any of the content, Submissions, software, products or Services on this site for any commercial purpose. By using the Site, you warrant to SMART that you will not use the Site, or any of the content (including Submissions) obtained from the Site, for any purpose that is unlawful or prohibited by these Terms (see Prohibited and Illegal Activities below). If you violate any of these Terms, without limiting any other remedy available to SMART, your permission to use the Site automatically terminates.
You retain all ownership rights you have in the Submissions made to the Site. By submitting or placing any Submissions on the Site (in any form whatsoever), you are granting SMART, its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees and other such parties as SMART may designate from time to time (which may include any or all Users) a royalty free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish your name in connection with your Submissions, at SMART's option, and waive your moral rights with respect to any such Submission; and the right to sublicense such rights to any User or supplier of the Site. You also waive any moral rights you may have in the Submissions in favor of SMART, its licensees and sub-licensees. While in certain portions of the Site, you are able to remove Submissions made by you, you acknowledge that this license cannot be terminated or the waiver revoked by you once the Submission is submitted to the Site. For example, if other Users have downloaded your Submission for creation of a lesson, they continue to have the right to use such Submission that was downloaded in accordance with these Terms even after you remove your Submission from the Site. For additional terms and rights that apply to SEN Members, refer to the section below entitled: SMART Ecosystem Network.
By submitting ideas, feedback, comments, testimonials, opinions, suggestions or any other material to the Site, you agree that SMART will treat such Submissions as non-confidential, that SMART can use such Submissions without any compensation to you or to any other person or entity, and that SMART may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such Submissions from you.
By placing Submissions on the Site, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, or submit the Submission.
You shall not contribute or edit any Submission, unless:
- you have the legal right to submit your Submissions, which includes, without limitation, that you are the author or licensee of any copyrighted content that you provide, and that you are legally permitted to contribute it in accordance with a license or arrangements with your employer or third parties for use consistent with the manner the Submissions will be used as permitted under these Terms;
- where the Submissions are photographs, images, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that each person depicted in such Images, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images; and
- you believe that it is correct, non-offensive, and legal and does not infringe any third party rights (including, without limitation, under anti-defamation laws).
You acknowledge that SMART can refuse to post and can remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
SMART reserves the right, in its sole discretion, to remove any Submissions on the Site containing phone numbers, street addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains. SMART may, subject to a removal request from the affected individual, leave information of an identifiable individual on the Site if SMART believes such information to be business contact information intended for public access in such manner.
You may not submit Submissions, including forms, software, derivatives works of software or property, photos or images, that infringe in any manner on the copyright, trade-mark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Submissions for Users to access copyrighted material for informational purposes -- but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.
You agree not to make Submissions that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
YOU ACKNOWLEDGE THAT A PARTY AGGRIEVED BY YOUR UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, A BREACH OF COPYRIGHT OR DEFAMATORY MAY TAKE LEGAL ACTION WHICH COULD RESULT IN YOUR PERSONAL INFORMATION BEING DISCLOSED AND YOU HAVING TO PAY COMPENSATION TO THE AGGRIEVED PARTY.
You may request SMART remove any Submission you have made at any time and, upon confirmation that the Submission is yours, SMART shall endeavour to remove the Submission, however the license you have granted to SMART's licensee's and sub-licensees shall continue in perpetuity, including the license for SMART and its licensees to derivative works of your Submission. If you believe another User is violating your copyrights, you may send a notice to SMART at email@example.com including a) your contact details (name, telephone, email, address); b) identifying the Submission in question, and c) details on the basis of the infringement claim. SMART will make an assessment and if, in our sole opinion, such action is merited, we will remove the Submission in question. Other than this removal remedy, SMART shall have no further obligations or liability regarding copyright infringement disputes for Submissions. All such disputes related to third party Submissions (such as a dispute regarding ownership of copyright), links, sites or promotions should be addressed to that third party and a copy may be provided to the SMART at firstname.lastname@example.org.
Certain content, applications or software on the SMART Exchange website may be made available for a fee. The terms of such access and use are separately set out on the related sections of the Site, and in the e-Commerce Feature section below.
SMART provided content or User generated Submissions made available on the SMART Exchange website on a no-fee basis ("Exchange Content") may be used under the following conditions:
All other provisions of these Terms apply (including in particular Trial and other Software or Application Downloads) unless in conflict with the terms contained in this section, in which case the terms of this section shall apply. To the extent permitted by our licensors, SMART grants you a non-exclusive, worldwide, limited, royalty-free, non-sublicenseable, non-transferable license to the Exchange Content, subject to the following conditions and to your contractual agreement to refrain from using any Exchange Content beyond the scope of this license:
- Your license is limited to non-commercial purposes as described in the Intended Use section above, and, without limiting that restriction, you agree not to download large quantities of Exchange Content for non-commercial redistribution, or any Exchange Content for commercial distribution or the creation of or addition to a competing offering.
- You may access, copy, distribute, publish, and otherwise use unmodified Exchange Content subject to the condition that you maintain a reference to the original author and/or the SMART logo or trademark to the extent the same was contained on the Exchange Content.
- You may edit modifiable Exchange Content and distribute, publish, and otherwise use such modified content, subject to the condition that you retain and conspicuously reproduce attribution to the original creator referred to in the content (typically on the title page or first page of the document).
- You may not alter or remove any proprietary notices, credits and copyrights and other embedded information included with the Exchange Content.
- You are permitted to use Exchange Content that is in a .galleryitem or a .gallerycollection file format only with SMART products (such as SMART Table software, SMART Table Toolkit software, SMART Notebook software and SMART Notebook express software or web application). Use for any other purpose is not permitted. You may not use the Exchange Content on third party software, or include it in any product for sale or for a fee. If the Exchange Content is incorporated into a .notebook file, and the .notebook file is exported into another file format, that other file format may be used on third party software, provided it is not included in a product for sale or for a fee.
The license granted herein may be terminated by SMART immediately and without notice if we determine, in our reasonable discretion, that you are using content published on this Site for commercial purposes (e.g., without limitation, by publishing portions of the content on this Site in books or Sites that you make available only for a charge, or by deep-linking to portions of this Site from a commercial Site), or you fail to comply with any other term or condition of these Terms. Upon termination of the license, you shall cease to commercialize or otherwise use any content published on the Site (except content that you contributed yourself, without any edits contributed by others). If you are concerned about such a potential termination, please notify us (at email@example.com) of any contemplated commercial use of this Site to request our prior written permission, which we may grant or deny at our sole discretion.
IN PARTIAL CONSIDERATION FOR USING THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD SMART, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES ON A SOLICITOR AND HIS OWN CLIENT BASIS, MADE BY ANY THIRD PARTY DUE TO ARISING OUT OF YOUR ACCESS OR USE OF THE SMART SITE, OR ANY SUBMISSIONS MADE OR OBTAINED THROUGH THIS SITE.
Subscription portions of the SMART Exchange website may be subject to additional or alternate terms, which are available upon registration for such service.
In relation to the Paid-for Content, you acknowledge that you, RegNow or the Publisher, and not SMART:
- handles all aspects of the sale of all Paid-for Content, including the financial transaction and calculation of taxes payable by you in relation to the transaction;
- is responsible for the remission of all applicable sales or other taxes in relation to the transaction;
- administers refunds, addresses support issues relating to the download of the Paid-for Content, incomplete or errors in the download or transactions; and
- uptime and accessibility of the shopping cart and RegNow site.
Your license rights to the Paid-for Content provided will in all cases be limited as follows:
Use is limited to "non-commercial use", which with respect to Paid-for Content means the User’s personal use and use on classroom devices associated with the User. Provided it is used only for non-commercial use, you may make minor modifications, additions, deletions and alterations to the Paid-for Content, which is called a derivative work. You must acknowledge the source of the Paid-for Content in your derivative works. This Paid-for Content and your derivative works cannot be further distributed or shared outside of your own classroom use.
Use is subject to the terms set out in the next section Trial and other Software or Application Downloads.
- All other provisions of these Terms apply unless in conflict with the terms contained in this section, in which case the terms of this section shall apply. In addition to the terms relating to Disclaimer of Warranties and Limitation of Liability (which apply to the e-Commerce Feature), you acknowledge that NEITHER SMART, NOR ITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES IS RESPONSIBLE FOR ANY ISSUES REGARDING THE QUALITY, NATURE, OR DELIVERY OF, OR THE BILLING PRACTICES FOR THE PAID-FOR CONTENT, WHICH INCLUDES WITHOUT LIMITATION, ANY CLAIM THAT TO THE PAID-FOR CONTENT:VIOLATES A PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY,
- IS DEFAMATORY, SLANDEROUS, OR IN VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON (INCLUDING WITHOUT LIMITATION AN END USER), OR
- IS DEFECTIVE OR IS OTHERWISE UNFIT FOR THE PURPOSE.
SMART may make certain software (including trial and beta versions of software) applications, widgets or add-ons available to you through the Site (referred to in this section as "download software"). Your use of such download software is subject to the terms of the applicable end user license agreement and any other terms stated on the Site or feature related to the associated download software. You agree that if you are given a product activation or installation key for any SMART download software, you will retain that key for your personal use and not make it available to others or post or display the key information for use by others.
In the event that the download software does not present a license agreement upon download or activation, your use of such download software shall be subject to the following terms:
- The download software is licensed, not sold. All rights not expressly granted in this license are reserved by SMART. Unless applicable law gives you more rights despite this limitation, you may use the download software only as expressly permitted in these terms. You may not:
- work around any technical limitations in the download software;
- reverse engineer, decompile or disassemble the download software;
- make more copies of the download software than paid for or otherwise stated on the Site or agreed to between you and SMART;
- publish the download software for others to copy (unless with SMART’s prior express approval);
- Modify, amend or create derivative works of the download software (unless expressly permitted under other sections of these Terms or with SMART’s prior express approval);
- rent, lease, transfer or lend the download software; or
- use the download software for commercial software hosting services (unless with SMART’s prior express approval).
- Additionally, you must:
- comply with all applicable laws regarding the use of the download software and any component thereof;
- maintain all trademarks, copyright and other proprietary notices on all copies of the download software;
- comply with the terms of any third party program licenses relating to the download software that are presented to you; and
- comply with all domestic and international export laws and regulations that apply to the download software. These laws include restrictions on destinations, end users and end use. The download software is subject to both Canadian and United States export laws and regulations.
- At any time SMART may change or cancel any Internet-based services provided by SMART in association with the download software. SMART may terminate your right to use the download software in the event you have breached any of these Terms. All portions of these Terms intended by their nature to survive the termination of the download software license shall so survive.
- Unless otherwise agreed to by SMART, SMART shall not be required to technically support the download software. Your access to the download software does not entitle you to access to any updates, upgrades or bug fixes that may subsequently become available.
- Links to third party websites are provided for 'information purposes' only and SMART is not responsible for any third party content provided by such sites including but not limited to information relating to any products or services.
- All title and intellectual property rights in and to the content which may be incorporated through use of Download software or SMART products is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Unless otherwise agreed to by SMART, this license grants you no rights to use such content.
- ALL DOWNLOAD SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. Further limitations regarding warranties and liability are set out below in the section Disclaimer of Warranties and Limitation of Liability. Those terms apply to your use of the download software.
To the extent not in conflict with the terms of this section, the rest of these Terms apply to your use of the download software.
In addition to the Terms, including in particular the terms dealing with the Intended Use and the SMART Exchange Website, you acknowledge that the SMART supplied images, pictures, multimedia, SMART Notebook files or pages, backgrounds or themes forming all or part of the SMART Gallery (each referred to as an "Item") are subject to the following additional conditions:
- You may access, copy, distribute, publish, and otherwise use unmodified Items subject to the condition that you maintain a reference to the original author and/or the SMART logo or trademark to the extent that same was contained on the Item, and further subject to the rest of these conditions;
- You are not permitted to modify, adapt, reverse engineer, or otherwise alter Items that are images or the SMART Lesson Activity toolkit template (including flash) code. Items that are SMART Notebook files, backgrounds, pages, themes, interactive files, or multimedia may be modified, subject to the other terms of this Agreement, including retaining that you retain and conspicuously reproduce source information and/or attribution to the original creator referred to in the Item.
- You are permitted to use Item that is in a .galleryitem or a .gallerycollection file format only with SMART products (such as SMART Table software, SMART Table Toolkit software, SMART Notebook software and SMART Notebook express software or web application). Use for any other purpose is not permitted. You may not use the Item on third party software, or include it in any product for sale or for a fee. You may not import directly into any third party software any .galleryitem or .gallerycollection Item. This restriction may not be circumvented by merely converting .galleryitem or .gallerycollection Items into a .notebook file format.
- Items may be incorporated into a .notebook file (meaning part of a lesson or more than just the .galleryitem or .gallerycollection Item); the .notebook file may be exported into another file format; and that other file format may be used on third party software, provided it is not included in a product for sale or for a fee.
- You are not permitted to use the Items in whole or in part for resale or any commercial purpose, whether or not incorporated into another product or offering, and whether the original SMART Gallery Item or a derivative thereof;
- You are not permitted to download the Items in mass or bulk amounts, regardless of whether the intent is to use such content for commercial purposes; and are not to be (whether in original form or modified) offered, distributed, transmitted, or displayed, on or in a site, product, offering or service, including those competitive to SMART's offerings or otherwise;
- If you use and repost to the Site (or elsewhere), the Items must be incorporated into a lesson or other modification or enhancement of the original Item; an Item cannot be reposted as a new contribution if the Item is in the original form without some material modification to it;
- Certain Items (such as the 3D or Mixed Reality images) may not be fully or properly viewable without the use of the SMART Mixed Reality software, which may only be available under a separate license and associated license fee.
Certain Users (which, for the purpose of this section only, includes an organization and/or any or all of its employees, individual contractors or other staff, as registered) may apply for and may be granted access to the SMART Ecosystem Network (SEN), and are herein referred to as SEN Members. Access to the SEN may enable SEN Members to apply for member accreditations and other program offerings. All such programs and offerings are subject to additional terms and conditions governed by the respective accreditation or other programs.
- SMART determines that a program or accreditation is not meeting a commercial need, or is otherwise no longer supported, or
- the SEN Members (including, without limitation, any of its employees, individual contractors or other staff):
- fails to abide by the terms of any and all applicable accreditation programs,
- fails to return loaner equipment in accordance with the loan terms (including on the agreed date and in good working order),
- is not determined to be a bona fide or qualified ecosystem participant,
- fails to pay associated program or accreditation fees, if any, in a timely manner,
- makes disparaging, libelous, or other inappropriate remarks about SMART or other SEN Members, or
The Contractor Directory available through the SEN is provided for reference only to advise SEN Members of organizations that have received certain levels of accreditation or other designations. SMART does not endorse, warrant or recommend any third party contractors, including those listed on the Contractor Directory. Any feedback on these contractors from other SEN Members is the opinion of such SEN Members only, and does not necessarily reflect the opinion of SMART.
Any pricing information provided through the SEN is subject to change without notice.
Despite the provisions above in the section entitled Submitting User Generated Content, SMART shall not, subject to agreement between the SEN Member (or other applicable party) and SMART otherwise, do any of the following with Submissions made by the SEN Member specifically to the SEN portion of the website:
- Resell, distribute or otherwise attempting to commercialize or make available (subject to agreement with the SEN Member) digital works that are submitted by SEN Members for the purpose of obtaining accreditation on such works.
- SMART further recognizes that certain trademarks, service marks, logos or other protected marks that are uploaded by SEN Members to the SEN forum or supplied as part of the accreditation application process may only be used by SMART for the specified purpose for which they were provided, which includes promoting the SEN Member's involvement with the SEN.
Any software made available through the SEN (or via a link through the SEN) shall be subject to the terms of the Trial and other Software or Application Downloads section below, however, shall also be subject to the following terms and limitations:
- SEN Member, if an organization, must ensure that its employees, contractors and other staff are only granted access to such software under confidentiality agreement (for software not generally available to the public) and are aware of and comply with the terms of the license and these terms.
- SEN Member may only use the software for internal development purposes, including for testing.
- SEN Member may not sell, resell, distribute, license or sub-license the software in any way.
- SEN Member may use and display commercial grade software for demonstration and marketing purposes at tradeshows and sales demonstrations, provided that this right is limited only to SEN Member's direct employees, individual contractors and other staff (and not to SEN Member's distribution channel).
Any documentation made available to the SEN Member through the SEN shall only be used by SEN Member for its exclusive use (including the use of any or all of its employees, individual contractors and other staff), and not for distribution, redistribution, modification, or attempt to modify the same to any third party.
Upon termination of membership in the SEN for any reason, SEN Member must destroy any software and related license keys, documentation or other rights obtained to the software obtained through membership in the SEN, immediately return loaner equipment obtained under any SEN program, and stop exercising any logo or other rights obtained under a SEN program.
Certain Users may be invited to participate in and granted access to the SMART Exemplary Educator (SEE) Online Community, and are herein referred to as SEE Members. Access to the SEE Online Community may enable SEE Members to access additional resources, blogs, forums, calendar of events and other Services. Certain programs and offerings outlined on the SEE Online Community may be subject to additional terms and conditions of such programs and offerings. In addition to these Terms (which apply to the SEE Online Community), SEE Members acknowledge and agree that participation in the SEE Online Community is conditional on the following additional terms:
- SEE Member may not promote individual consulting or training services (whether as a SMART Certified Trainer or not) for a fee.
- SEE Members understand that the purpose of the SEE Online Community is to facilitate sharing of information, and as such shall limit what they contribute to the Community to information that can be made publically available.
- SEE Members understand that all challenges completed via the SEE Advocate Hub are subject to verification by SMART, and that SMART reserves the right to block access to the SEE Advocate Hub for any member found to have provided false information.
- SEE Members must adhere to any non-disclosure commitments made to SMART (or other third parties) with respect to any information the Member has received under a non-disclosure agreement. Any information the SEE Member receives from SMART under a non-disclosure agreement may not be shared on this or any other forum or site.
- As this is a limited membership community, the SEE Members may be invited to share some personal information about themselves in their member profile (such as email addresses, phone numbers, grade or subject matter taught). Such information is provided optionally at the SEE Member's discretion, and it is the responsibility of each SEE Member to limit the use of this personal information for the community building purposes for which it was intended, and not for marketing or other inappropriate uses, and otherwise in compliance with privacy legislation.
- SEE Member may post hyperlinks to resources external to the SEE Online Community. SEE Member acknowledges that any such hyperlinks should be limited to the purposes intended by the SEE Online Community and otherwise in compliance with these Terms and the terms of such third party site.
Certain Users may be create an account for access to the SMART Learning Space (SLS) members only portion of the Site (the "SLS Site"), and are herein referred to as "SLS Members". In addition to these Terms (which continue to apply to the SLS Site), the SLS Users may be subject to additional terms at the time of creating a member account and/or at the time of purchasing courses, resources or other offerings within the SLS Site.
SLS Members acknowledge that course material and other reference materials made available on the SLS Site is for such Member's personal use only and not to be transferred, copied, shared, sold (or otherwise commercialized), or in the case of courses (such as Flash media presentations) stored or saved electronically other than for the SLS Member to complete such course.
SLS Member acknowledges that certain information, including course history and completion, course transcripts and credits, and certification levels (if applicable), may be stored on Site and other systems managed by SMART, even if such courses are offered online and/or without charge. SLS Member acknowledges that such information shall be viewable by both the SLS Member and SMART (and its representatives), and may be stored by SMART for an indefinite period. Should there be any error in the information about an SLS Member contained in the Site, that SLS Member may contact SMART at SLS@smarttech.com to correct the information.
SLS Members acknowledge that, while SMART endeavors to maintain continuous availability to the Site and the contents of the Site, it cannot guarantee that the Site and the related training materials and courses will be available at any given time. SLS Member hereby releases SMART from any losses or liabilities it may incur as a result of unavailability of the Site or training materials or courses. In the event a paid training course or material is interrupted or unavailable at its designated time, upon request SMART shall make such course or material available to the SLS Member as soon as reasonably practical thereafter, or refund the amount paid for such course or material at SMART's option.
Users may be subject to additional terms at the time of purchasing courses, resources or other offerings within the Site.
Payment and Refund Policy:
Payment in full is required prior to registration for any course to be completed. SLS Member acknowledges that SMART may utilize the services of a third party for payment processing.
In the event the registered SLS Member is unable to attend a training event (whether provided "in person", meaning training performed live in the same physical location, or online), such training is not transferable.
Free online training courses may be canceled at any time. SMART shall provide a full refund for any courses that have been fully paid provided the SLS Member has provided at least five (5) full business days notice of non-attendance. After such time, if the SLS Member advises SMART of his or her non-attendance prior to the commencement of the course, SMART shall credit the SLS Member's account with the amount paid for such course. Such credit may be used by such SLS Member on other SMART provided courses within one (1) year of the date of the original course. If the notice of non-attendance is not provided prior to the commencement of the course, the entire course fee shall be forfeit by the SLS Member.
SMART may from time to time offer programs enabling SLS Members to accumulate credits for hours of development training completed. These programs may be subject to additional terms and are subject to change from time to time. Any credits offered through such programs shall have no cash value and may be applied only towards SMART offered programs (including certifications), trainings, events or other offerings specified by SMART. Unless otherwise specified, credits accumulated must be used within two (2) years of earning them, or they will be forfeit.
All other provisions of these Terms apply unless conflicting with the following, in which case the following shall apply. SMART grants you a limited, revocable, non-transferable, royalty free license to use the SMART Notebook Express online application ("Express") and the SMART Notebook for Web Beta online application ("NB Web") accessible through the Internet, provided that:
- you do not and do not attempt to reverse engineer, reverse compile, translate, decompile, disassemble, modify, create derivative works or otherwise attempt to derive source code from (or the underlying ideas, algorithms, structure or organization of) the Express or NB Web application or any component thereof, for any purpose, including for the purpose of discovering any aspect of the technology inherent therein;
- you do not and do not attempt to modify, enhance, adapt, vary the Express or NB Web application, or create derivative works based on the Express or NB Web application, or merge or separate the Express or NB Web application or any component thereof without SMART's prior written consent;
- you do not and do not attempt to rent, lease, lend or sublicense, distribute or supply the Express or NB Web application or any component thereof to any other party, or
- you do not and do not attempt to download, save, store, or copy Express or NB Web application to your personal computer or other electronic device.
You agree to comply with all applicable laws regarding the use of the Express or NB Web application and any of its components. All rights not expressly granted are reserved by SMART.
All title and intellectual property rights in and to the content which may be accessed and used through the Express or NB Web application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Your download of any text, images or other content to a file created while using Express or NB Web application is subject to the terms of the respective content download site or licenses that apply to such content. You acknowledge that neither Express software nor NB Web application is intended to have equivalent functionality as SMART Notebook software, but rather is a subset of the functionality offered by the SMART Notebook software.
To the extent that any support services are provided (for a fee or otherwise) relating to this product, such support services are provided in the Province of Alberta, Canada, and the transaction shall be deemed to have occurred in Alberta, Canada.
FOR NB WEB, YOU AGREE AND ACKNOWLEDGE THAT THE WEB APPLICATION IS A BETA VERSION, PROVIDED ON A TRIAL BASIS. WHILE THE APPLIATION IS UNDER CONTINUOUS DEVELOPMENT BY SMART, IT IS LIKELY THAT BUGS WILL BE PRESENT. THE BETA SOFTWARE MAY AFFECT THE OPERABILITY OF OTHER SOFTWARE (WHETHER SUPPLIED BY SMART OR OTHER PARTIES). AS SUCH, ANY USE OF THE APPLICATION IS PROVIDED "AS-IS" AND AT LICENSEE'S OWN RISK. The provisions of Disclaimer of Warranties and Limitation of Liability below shall apply to your use of the application, as well as any other part of these Terms that is not in conflict with this section.
These Terms apply to your use of the SMART Response VE software and related online offerings (the "Site" for the purpose of this offering) provided by SMART, and all web hosted services accessible through the Site, including but not limited to data aggregation, grading, and reporting (the "Services" for this product offering). Any user (including you) may be referred to in these Terms as "User". Users (including educational institutions or instructors) who grant access codes to others (such as students) enabling such individuals to become Users of the Site are required to accept these Terms on behalf of such individuals, and to ensure they understand the permitted use of this Site and the related Services.
For the purpose of this product offering, "Submissions" means content submitted by Users, and includes, but is not limited to, text, questions, answer responses, instructor feedback, and any other content any User provides on the Site. By submitting or placing any Submissions on the Site (in any form whatsoever), you are granting SMART, its successors, assigns, and suppliers as SMART may designate from time to time, a royalty free, worldwide, sub-licensable, transferable license to use, reproduce, copy, distribute, transmit, broadcast, post, display, modify, merge, and reformat your Submissions, provided solely for the purpose of providing the Services related to the SMART Response VE software.
You may only use the Submissions and Services contained on or accessible through this Site for the Services related to the SMART Response VE software, meaning only downloaded, viewed and printed for personal classroom use or internal circulation within your organization (including educational institutions). Material, information, Submissions and Services (including software programs) contained on or accessible through this Site may not otherwise be copied, reproduced or redistributed in whole or in part. You acknowledge that a failure to comply with this requirement could constitute a data or privacy breach, and you agree that SMART SHALL NOT BE RESPONSIBLE FOR SUCH BREACH, AND YOU INDEMNIFY AND HOLD SMART HARMLESS FROM ANY LIABILITY RESULTING FROM SUCH BREACH. All rights not expressly granted in these Terms are reserved.
In addition to these Terms, your use of the Site and Services are subject to the SMART Response software end user license agreement, which together with these Terms, are a complete statement of the agreement between you and SMART, and set forth the entire liability of SMART and your exclusive remedy with respect to your access and use of the Site. In addition to the Termination rights otherwise described in these Terms, your violation of any term or condition of these Terms may also result in the termination of your use or access the SMART Response software, along with the use and access to the Site and/or Services.
Users are expected to respect and interact with other Users in the public forums as you would in any public arena and refrain from using offensive, harassing or otherwise inappropriate language in any Submission. You acknowledge that you are responsible for your interaction with other Users.
Use of the Site for any activity that violates local, provincial, national, international law, order or regulation, is a violation of these Terms. In addition, certain other uses of the SMART Sites and related Services are prohibited and a violation of these Terms. Illegal and prohibited activities include, but are not limited to:
- Posting or making Submissions that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory, or any material that interferes with the ability of others to enjoy or utilize the Site.
- Posting or disseminating material or using the Services made available through the Site or information obtained from the SMART Site in a manner that is harassing or advocates harassment of another person including, without limitation, posting or making Submissions that are harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.
- Posting or making Submissions that violate copyright or other intellectual property rights, trade secrets or non-disclosure commitments;
- Using the Site for the promotion of illegal conduct, activities or fraudulent schemes. Specifically, you may not advocate illegal conduct, such as pyramid schemes, or other illegal soliciting schemes. Furthermore, you agree to not engage in any illegal activity in connection with your Submissions or post links to other web sites that deal with such illegal activities.
- Fraudulent activities including, but not limited to, impersonating any person or entity, or forging anyone's digital or manual signature. Posing as a SMART moderator or SMART staff is expressly prohibited.
- Uploading, transmitting or disseminating files or any other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Site, SMART servers, another's computer or property of another.
- Using the Site in any manner that could damage, disable, disrupt, overburden, or impair any SMART server, or the network(s) connected to any SMART server, or interferes with any other party's use and enjoyment of the Site. Any interference with the computer networking or telecommunications services of any User, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host through the use of this Site is prohibited.
- Gaining or attempting to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any SMART server through hacking, password mining or any other means. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools are prohibited. Any use of data mining, robots or similar data gathering and extraction tools or processes is prohibited. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Unless expressly permitted by SMART, soliciting or promoting (either in your Submissions or in your profile) any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method, unless expressly agreed to by SMART.
- Gathering or attempting to gather public email addresses made public in the registered User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site.
- Soliciting, transmitting or promoting "junk mail", "chain letters", surveys, contests or unsolicited mass mailing or spam.
You hereby authorize SMART to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce these Terms.
Should you fail to observe any of the Terms, SMART may pursue any or all of its remedies against you including, but not limited to, legal action or injunctive or other equitable relief where appropriate.
You agree that the information that you supply during the registration process will be true, current, accurate and complete, and you agree not to (i) register under the name of another person; (ii) choose a username that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; (iv) choose a username that incorporates a solicitation (e.g. yourproduct, yourservices, yourSite); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any SMART employee, Officer or Director. You agree to maintain and promptly update your registration data as necessary to keep it true, current, accurate and complete.
If, after investigation, SMART has reasonable grounds to suspect that any registered User's information is untrue, inaccurate, not current or incomplete, SMART may suspend or terminate that registered User's account and prohibit any and all current or future use of the Site (or any portion of it) by that User.
You are responsible for maintaining the confidentiality of your passwords and account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account (including temporary accounts established with temporary identification numbers, such as with the use of Response VE software, for example), including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify SMART immediately of any unauthorized use of your account or any other breach of security. SMART will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by SMART or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.
SMART has no obligation to monitor Submissions or other materials. However, Site Moderators may monitor the Site's Submissions. Site Moderators are not obligated to pre-screen Submissions, monitor on a "real time" basis, or edit Submissions made to the Site. As a User, you may see content that is offensive or objectionable. Each User must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content on the Site by sending an email to firstname.lastname@example.org.
SMART reserves the right to manage the Submissions on the Site in order to facilitate the orderly distribution of information through the Site. For that purpose, SMART may, at its election, designate SMART employees and/or outside entities to act as Moderators for the Site. The Moderators are not obligated to review all Submissions, nor do they edit Submissions. You assume the risk of reading and acting upon information from any Submissions made by a Moderator or other individual within the Site.
Your privilege to use or access the Site and/or Services may be terminated by SMART immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not to re-register or otherwise make use of, or attempt to use, the Site or Services. Furthermore, you acknowledge that SMART reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site or Services. You understand that SMART may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to SMART.
THE CONTENT, DATA, SERVICES (INCLUDING WITHOUT LIMITATION, THE GRADING, DATA AGGREGATION OR REPORTING FEATURES OF THE SERVICE) AND DOWNLOAD SOFTWARE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" AND CARRY NO WARRANTIES. SMART DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT OR DATA ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT OR DATA. SMART DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. SMART DOES NOT WARRANT THAT USE OF THE SITE, OR ANY CONTENT, SERVICE, SOFTWARE, SEARCH OR LINK ON IT WILL PRODUCE CERTAIN RESULTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. SMART IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT OR DATA POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, DATA OR SERVICES, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT, DATA OR SERVICES. SMART CANNOT ENSURE THE FILES YOU DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR CAN IT ENSURE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS CONTAINED ON, FUNCTIONS OF, OR DOWNLOAD SOFTWARE OR SERVICES OFFERED ON, THIS SITE. SMART FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES OR SITE USERS IN CONNECTION WITH THE SITE AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SMART OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMART AND YOU. SMART WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE WITHOUT SUCH LIMITATIONS.
IN ANY CASE, SMART'S AND ITS AFFILIATES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS LICENSE SHALL NOT EXCEED TEN DOLLARS (CAD $10.00).
The Terms are a complete statement of the agreement between you and SMART, and set forth the entire liability of SMART and your exclusive remedy with respect to your access and use of the Site. The agents and employees of SMART are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on SMART. Any waiver of the terms herein by SMART must be in a writing signed by an authorized officer of SMART and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The Terms will be governed by Alberta law and the applicable federal laws of Canada as applied to agreements entered into and to be performed entirely within Alberta, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree that such dispute may be resolved with personal jurisdiction by, and the choice or forum or venue shall be in, the provincial and federal courts of the Province of Alberta, City of Calgary, and such courts will have exclusive jurisdiction. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that SMART may have under trade secret, copyright, patent or other laws. SMART reserves the right at all times to disclose any information as SMART deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SMART's sole discretion.
SMART, SMART Board, and SMART related brands are trade-marks of SMART Technologies ULC or its affiliates, and may be registered in the United States and other jurisdictions. Other brands, logos and marks are trade-marks of their respective owners.
© 2009-2012, SMART Technologies.