SMART Exchange Professional Learning Community Resource Sharing Agreement

Terms last modified August 2009.

This content submission site is owned by SMART Technologies ULC ("SMART"). Submission of your files, images, lessons or other materials (collectively, the "Works") is conditional upon your agreement with the terms and conditions set forth below and contained on the Terms of Use for the SMART Exchange Professional Learning Community which are incorporated by reference herein (collectively referred to in this agreement as the “Terms”). If you agree with these Terms, please click on the “Agree and Share” button located at the bottom of these Terms. If you are unable to accept these Terms, you will not be able to submit the Works.

You represent and warrant that (a) you have the legal right to submit the Works, 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 license granted below, and (b) such Works (including any modifications, alterations and enhancements you made to the Works submitted to SMART) do not violate the copyright, moral rights or other intellectual property rights (whether registered or unregistered) of any third party, nor do they defame any person or unlawfully invade their privacy or violate their rights of publicity.

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 represent that you are 18 years of age or older.

You represent and warrant that you will not to post or submit any Works (inclusive of any communication, picture, image, graphic image file, article, recording or writing) that (a) are vulgar, defamatory, inaccurate or misleading, harassing, hateful, threatening, an invasion of others' privacy, or a violation of law, (b) would personally identify any person unless you have obtained that individual's written permission to do so, or in the case of an identifiable child, unless you have obtained the written permission of the child's parent or guardian, (c) contain personally identifiable information about other people, such as their phone number, street address or email address, or any other information that could result in an invasion of their privacy or their harassment, or (d) contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity.

If you submit a web page address, you agree to comply with the terms of that web page, and specifically to not deep link unless permitted by the terms of use of that web property.

You may insert hyperlinks in your Works for users to access copyrighted material for informational purposes – but you may not post such materials in the Work itself unless you are license to do so by the copyright owner.

In order to reduce duplicates of the same content, if you have edited existing works available on the Site for resubmission, you agree you will not resubmit content on the Site unless you have made a substantive modification, improvement or enhancement. You agree to retain all prior copyright notices in existing works that you have modified, in addition to any copyright notice you may add to your modified Work.

By submitting the Works (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 of the Site) 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 Works (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 Works (unless made anonymously); and the right to sublicense such rights to any user or supplier of the Site. You acknowledge that this license cannot be terminated by you once the Works are submitted to the Site. You acknowledge that posting such Works on SMART's website(s) will grant access to members of the public to view, download, use, modify and redistribute such Works or modified versions of such Works.

You waive any moral rights you may have in and to such Works in favour of SMART and other users and agree not to institute any claim or action on grounds that the use of the Works and/or the exercise of SMART's rights under these Terms constitutes an infringement of your moral rights, or creates a negative reflection on your reputation, or otherwise entitles you to further compensation.

You agree to execute any further documents in a form acceptable to SMART, if so requested, and to do all acts necessary to fully effectuate these Terms. The administrative costs for preparing and filing such documents will be at SMART's expense.

You acknowledge that when you submit the Works for upload, you will be asked to provide some personal information and that some of the information you provide will be made public. The information you provide will be used in accordance with SMART's Privacy Policy.

While SMART strives to maintain your privacy (see SMART’s Privacy Policy), you should always use caution when giving out any personally identifiable information about yourself or your children in any Work. Any Work that you place on the Site can be obtained and used by others. SMART specifically disclaims any responsibility or liability with regard to the Works and any actions resulting from your participation on the Site.

You acknowledge that SMART reserves the right, through its moderating efforts from time to time, to correct, to delete all or parts of any submission or to close any discussion without reason or explanation to you.

THE CONTENT ON THE SITE IS "AS IS" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARRIES NO WARRANTIES, IMPLIED, STATUTORY OR OTHERWISE. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT SMART DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT SMART IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD SMART, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

YOU ACKNOWLEDGE THAT A PARTY AGGRIEVED BY YOUR UPLOADING OF ANY CONTENT, INCLUDING IF IT IS A BREACH OF COPYRIGHT OR DEFAMATORY, MAY TAKE LEGAL ACTION WHICH COULD RESULT IN YOUR IDENTITY BEING DISCLOSED AND YOU HAVING TO PAY COMPENSATION TO THE AGGRIEVED PARTY. You acknowledge that SMART reserves the right to reveal whatever information it knows about you in the event of a complaint or a legal action arising from any Works you submit.

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.

Clicking on the “Agree and Share” button below indicates that I accept the above Terms and my resource will be shared.