Terms of use

The School Retool and Shadow A Student Terms of Use ("Terms") were last updated on April 11, 2017.

TABLE OF CONTENTS

01. The Sites

IDEO LP or any of its related, affiliated or subsidiary companies (“IDEO”) and the Hasso Pattner Institute of Design at Stanford or all of its related, affiliated or subsidiary entities (“d.school”) (collectively, “We” or “Us” or “Our”) own and operate the websites located at schoolretool.org and shadowastudent.org  and any affiliated sites on which a link to this Terms is provided (the “Sites”).

The Fellowship

The Sites may invite school leaders to join a Fellowship (“Fellowship”).  By applying for a Fellowship, We will contact You by using the contact information You provide to Us.

The Challenges

The Sites also may host challenges to facilitate experiences for school leaders to redesign school cultures (“Challenges”). By signing in to a Challenge, We will provide You with certain materials related to the Challenge (“Challenge Materials”), which may include materials such as toolkits, prepared content to share, online communities, and online tutorials.

By accessing, using or signing up on the Sites, you (the “User” or “You” or “Your(s)”) agree to these Terms, which incorporate the Privacy Policy, Cookies Policy and the Digital Millennium Copyright Act (DMCA) Procedure. If You do not agree to these Terms you may not further access the Sites. If You are under 18 years of age, you may not further access the Sites.

The Sites may link to third-party Site-related sites, such as Google+ or Twitter, where You may share Your experiences and insights related to a Challenge.  Participation on these third-party sites is completely voluntary. By accessing these third-party sites, You may be subject to additional terms of use, privacy policies, and cookies policies.  Also, You may be required to create accounts on those third-party sites. To the extent that You disclose Your information to other parties on our Sites or other sites throughout the Internet, different rules may apply to their use or disclosure of the information You disclose to them. Since We do not control the terms of use or privacy policies of third parties, We encourage You to ask questions before You disclose Your personal information to others.

BY ACCESSING AND USING THE SITES AND BY SUBMITTING YOUR USER INFORMATION WHEN SIGNING UP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE THAT THE FOLLOWING TERMS FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND US, AND YOU AGREE TO BE BOUND BY THESE TERMS .

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02. Grant and Restrictions on Use

The Sites are owned and operated by Us. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Sites provided by Us (the “Materials”) are protected by copyright, trade dress, author’s rights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content submitted by You and other users of the Sites or content created by Us on the Sites (which is protected under Creative Commons Attribution 4.0 International License), all Materials contained on the Sites are the copyrighted property of Us, Our subsidiaries or affiliated companies, or third–party licensors. All trademarks, service marks, and trade names are proprietary to Us, Our affiliates, and/or third party licensors.

We grant You a limited, non-exclusive, revocable right to use the Sites for their intended purposes provided that You do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

We hereby grant You a limited license to use the Materials, features and services provided by Us on the Sites, solely for Your personal, non-commercial use, to participate in a Fellowship and/or a Challenge, or to otherwise engage with the Sites, subject to these Terms. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right.

We reserve the right to review Your Fellowship or Challenge participation in order to ensure compliance with these Terms, Privacy Policy, and Cookies Policy. We reserve the right to deny or revoke access to the Sites for any user, or any part thereof, at any time in Our sole discretion, with or without cause. Your access to the Sites will terminate upon the termination of these Terms for any reason.

While We endeavour to ensure that the Sites are available at all times, We shall not be liable if, for any reason, the Sites are unavailable at any time or for any period.

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03. Acceptable Use Policy

The Sites enable You to participate in Fellowships and/or Challenges with Us and other users of the Sites, as further described hereunder. You must apply or sign up to participate in a Fellowship and/or Challenge on the Sites.

To participate in a Fellowship through the School Retool site, You must apply and provide Your name and email. You have the option to provide Your phone number, school, and district or organization.  You also have the option to answer additional questions about Your interest in School Retool, how You found out about School Retool, Your school, Your experience level, and Your expectations for the Fellowship (“School Retool Information”).

To participate in the Challenges, You must sign up to the Challenge Site. To sign up, You must provide Your name, email address, school, role, school type, zip or postal code, and country. You may also provide Your school’s website address and Your Twitter handle (“Shadow A Student Sign Up Information”). You may opt out, when signing up, from publicly disclosing Your name, school, location and Twitter handle on the Community page.  School Retool Information and Shadow A Student Sign Up Information shall be collectively referred to as “Sign Up Information”.

We do not want to receive through the Sites any confidential or proprietary information or materials otherwise subject to use restrictions. You understand that all Sign Up Information You provide will be deemed public and not confidential, unless You otherwise state during sign up.

You are prohibited from posting or transmitting any “sensitive” personally identifiable information over the Sites or third-party sites linked through the Sites, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.

You are also prohibited from:

  • using the Sites to send or post harassing, abusive, or threatening messages;
  • transmitting through the Sites any information, data, text, files, links, images, software, or other materials that We consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with Our users, customers or suppliers;
  • attempting to conceal or misrepresent the identity of the sender, user or person submitting the information, or impersonate any individual (real names, email addresses and other information must be used);
  • disrupting the normal flow of the Sites, including any dialogue on the Sites or otherwise act in a manner that negatively affects other Users; or post any unsolicited chain letters, advertising, promotional materials, contests, or any other commercial or non-commercial solicitations;
  • sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
  • intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Sites;
  • posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
  • using the Site in such a way that damages the image or rights of IDEO, d.school, other users, and third parties; and
  • from creating any frames at any other websites pertaining to any portion(s) of the Sites.
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04. User Participation

Your participation in any Fellowship and/or Challenge and on the Sites is entirely voluntary, non-confidential and gratuitous. You grant to Us and Our designees, unrestricted, perpetual, irrevocable, sub-licensable, non-exclusive fully-paid up and royalty-free worldwide license to use, reproduce, prepare derivative works of, modify, perform or display any ideas, expression of ideas, or other materials You submit on the Sites (“User Content”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party.

In return for participation in the Fellowship and/or Challenge, and use of the Sites, You acknowledge that You have read, understand and agree to the conditions listed hereunder, and further agree that these Terms shall apply, until such time as We otherwise agree in writing, to any additional Fellowship and/or Challenge, update to Fellowships and/or Challenges or content previously or later submitted.

  1. You represent and warrant that You are the owner of all of Your User Content and have all legal right and authority to grant Us the license and rights set forth herein. All necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for Your User Content depicting people, products, businesses, or other content) have been obtained for You to grant the licenses contained herein.
  2. Your User Content represents Your own original work, You have all necessary rights to disclose Your User Content  to Us, and in doing so Our review and/or use of Your User Content, will not, to the best of Your knowledge, infringe upon any other individual’s or entity’s rights.
  3. You understand that disclosure of Your User Content to Us does not establish a confidential relationship or obligate Us to treat Your User Content as secret or confidential.
  4. You agree that (except to the extent that these terms are superseded by a separate agreement in writing by You and Us) You hereby irrevocably release and forever discharge Us from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which You now have or hereafter can, shall or may have against Us, and Our affiliates and subsidiaries or Our respective successors and assigns with respect to Your contribution to the Fellowship and/or Challenge, including without limitation in respect of how We directly or indirectly use Your contribution to the Fellowship and/or Challenge. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
  5. Your User Content, including any personally identifiable information, is subject to the Privacy Policy hereunder. You are responsible for Your User Content and agree to defend (at Our option and at Your sole expense), indemnify and hold Us harmless from any damages, losses, costs, or expenses, including attorneys' fees, which We may incur as a result of Your User Content.
  6. In operating the Sites, We may act as a “services provider” as defined by the Digital Millennium Copyright Act (DMCA), and offer services as online provider of materials and links to third-party websites. Our procedures with respect to the DMCA Procedure and alleged copyright infringement can be reviewed here and You agree to comply with Our requirements with this respect.
  7. If You are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, You agree to follow good practice and ensure that You are sufficiently disconnected and logged off the Sites and the computer system You are using to prevent unauthorized contributions.
  8. You agree that We shall not be responsible for any fees that are or become payable as a result of the copying, distribution or display of Your User Content, including without limitation fees: (i) for any images or video recording; (ii) for any composition or underlying works; or (iii) to any actor, model, writer, creator, composer, artist or artist affiliated entity.
  9. We retain the right to review, edit or delete from the Sites any User Content, which We, in Our sole discretion, consider to be illegal, offensive or otherwise inappropriate.
  10. You acknowledge and declare that You have read and fully understand these Terms, Privacy Policy, and Cookies Policy, and appreciate the nature, extent and consequences of this Agreement, and the submission of Your User Content is entirely voluntary.
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05. Communications to the Site Administrator

You may email feedback@ideo.com or schoolretool@gmail.com with any questions about the Terms, Privacy Policy, Cookies Policy, and the DMCA Procedure.

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06. Disclaimer

We may make changes or improvements to the Sites at any time without notice. The materials, information and services provided by Us on the Sites are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, we disclaim all implied representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill).

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07. Liability

To the maximum extent permitted by applicable law, IDEO, d.school, any other party (whether or not involved in creating, producing, maintaining or delivering the Sites) and their officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with the Sites in any way or in connection with the use, inability to use, or the results of use of the Sites, any websites linked to the Sites, or the material on such websites, including but not limited to loss or damage due to viruses that affect Your computer equipment, software, data or other property on account of Your access to, use of or browsing the Sites, participating in any Fellowship(s) and/or Challenge(s), or Your downloading of any material from the Sites or any website linked to the Sites.Nothing in these Terms shall exclude or limit Our liability for (i) fraud; willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.

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08. Trademark Information

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

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09. Digital Millennium Copyright Act (“DMCA”) Procedure

Infringement Notification Procedures

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

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

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. Providing URLs in the notice is the best way to help us locate content quickly.Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.A statement that the complaining party has 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”).A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is (are) allegedly infringed by the aforementioned content.”).

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

IDEO LP

Attn: Legal Group, DMCA copyright infringement notification

150 Forest Avenue

Palo Alto, CA 94301

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

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

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

Counter-Notification Procedures

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

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

A physical or electronic signature of the user.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. Providing the specific URL(s) of the material that IDEO have removed or to which IDEO have disabled access is the best way to help us locate content quickly.Your full name, address, telephone number, and email address, and the username of your IDEO account.A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which IDEO may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.A statement under penalty of perjury that the subscriber has 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 (for example, “I swear, under penalty of perjury, that I have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.").

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

IDEO LP

Attn: Legal Group, DMCA copyright infringement notification

150 Forest Avenue

Palo Alto, CA 94301

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

What happens next?

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

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

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

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10. Jurisdiction and Compliance with Laws

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

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11. Waiver

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

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12. Miscellaneous

If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of the Sites for illegal purposes will be provided to law enforcement authorities. These Terms,and any applicable Challenge rules constitute the entire agreement between the parties relating to the use of the Sites and supersede and replace any prior agreement and communication between the parties, except as otherwise set forth above. In the event You browse, access or use another website hosted by Us, You may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern Your use of the site.

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13. Notice, Questions, and Modifications to the Terms

We may revise these Terms at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of the Sites on or after the effective date of any such modification or update will constitute Your acceptance of these Terms as modified and/or updated.  If We make any material changes to these Terms, then We will post the updated Terms here and notify You by email or by means of notice on our Sites prior to the changes becoming effective.  Any questions on these Terms, Privacy Policy, Cookies Policy and the DMCA Procedure may be addressed to feedback@ideo.com or schoolretool@gmail.com.

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