TNTP Learning Portal Terms of Service

The terms below are applicable to the TNTP Learning Portal and all other interactive features, services, and communications provided by TNTP (the “Portal”), however accessed and/or used that are operated, produced and maintained by The New Teacher Project, Inc. (“TNTP”). In addition to the TNTP Content on the Portal, the Portal provides you with various opportunities to submit content and participate in community activities (“Services”). This Terms of Service (“Terms”) is a legal agreement between you ("you" or "user") and TNTP that states the material terms and conditions that govern your use of the Portal. BY USING OUR PORTAL AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR PORTAL FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS WILL APPLY RETROACTIVELY.

Portal Access License. TNTP grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Portal or TNTP Content and not to modify all or any portion of the Portal and TNTP Content. This license does not include any resale or commercial use of the Portal or TNTP Content; any derivative use of the Portal or TNTP Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Portal and/or any portion of the Portal may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without TNTP’s express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Portal or any activities conducted on the Portal; or (iii) bypass any measures we may use to prevent or restrict access to the Portal. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Copyright and Ownership. All of the content featured or displayed on the Portal, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("TNTP Content"), is owned by TNTP, its licensors, vendors, agents and/or its content providers. All elements of the Portal, including without limitation the general design and the TNTP Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Portal may only be used for the intended purpose for which such Portal and Services are being made available. Additional terms may apply to specific content found on the Portal and licensed by TNTP from a third party.

Except as may be otherwise indicated in specific documents within the Portal or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Portal for the following approved purposes:

Personal use for professional development; or
Personal use for students in a classroom setting.

In addition to restrictions indicated in specific documents within the Portal and any other restricted use under these Terms, you may NOT use the content for the following purposes:

Training other teachers or educators using content found in the Portal; or
Commercial purposes.

Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Portal. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Portal and Services. The Portal, its Content and all related rights shall remain the exclusive property of TNTP or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Portal.

Trademarks/No Endorsement. All trademarks, service marks and trade names of TNTP used herein (including but not limited to: TNTP name, TNTP corporate logo, the Portal name, the Portal design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of TNTP or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify TNTP trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Portal, without TNTP's prior written consent. The use of TNTP trademarks on any other web site or network computer environment is not allowed. TNTP prohibits the use of our trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use TNTP’s name or any language, pictures or symbols which could, in TNTP’s judgment, imply TNTP’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Portal. In consideration of your use of the Portal, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Portal's registration or subscription page (such information being the "Registration Data") or as requested by TNTP from time to time and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TNTP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TNTP has the right to suspend or terminate your account and refuse any and all current or future use of the Portal (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Portal using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Portal. We have the right to provide account, use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights and the rights of other users).
Solicited Submission Policy. Where TNTP has specifically invited or requested submissions, TNTP encourages members of the public to submit user published content or user content to TNTP that they have created for consideration in connection with the Portal (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Portal, you expressly grant TNTP and its users a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and TNTP shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. User Submissions do not represent the views of TNTP or any individual associated with TNTP, and we do not control such User Submissions. In no event shall you represent or suggest, directly or indirectly, TNTP’s endorsement of your User Submissions. TNTP does not vouch for the accuracy or credibility of any User Submissions on our Portal, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on our Portal.
Inappropriate User Submissions. TNTP does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, including any laws related to the disclosure of information in violation of the privacy rights of students or their parents. Such violations may subject the sender and his or her agents to civil and criminal penalties. TNTP will reject any submissions in which TNTP believes, in its sole discretion, that any such activities or violations have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms, TNTP reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Portal at any time and without notice. You further understand and agree that sending unsolicited email advertisements to any user of the Portal is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Portal at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Third Party Links. From time to time, the Portal may contain links to web sites that are not owned, operated or controlled by TNTP or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Portal. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Portal, you do so entirely at your own risk.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Portal for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Portal or any activities conducted on the Portal; or (iii) bypass any measures we may use to prevent or restrict access to the Portal.
Right to Takedown Content. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user unless required in the course of normal maintenance of the Portal and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:

(1) comply with the law or comply with legal process served on TNTP or the Portal; (2) protect and defend the rights or property of TNTP, the Portal, or the users of the Portal; or (3) act in an emergency to protect the personal safety of our guests, the Portal, or the public. Users shall remain solely responsible for the content of their messages and TNTP shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Portal at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms access to the Portal.

Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Portal and Services is and will be in compliance with all applicable laws. Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 5; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Portal and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the Terms; (iv) You are not, and have not been an agent of TNTP and were not and are not acting on behalf of, or as a representative of, TNTP or any other party in connection with the User Submission; (v) the User Submission and TNTP use thereof as contemplated by this Agreement and the Portal will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm TNTP or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMERS. YOUR USE OF THIS PORTAL IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE PORTAL IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TNTP, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE PORTAL. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE PORTAL MAY BE OUT OF DATE, AND NEITHER TNTP, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TNTP OR THROUGH THE PORTAL, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY. TNTP does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of the Portal, or your downloading of any information or materials from this Portal. IN NO EVENT WILL TNTP, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE

PORTAL, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PORTAL, ANY WEBSITES LINKED ON THE PORTAL, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON

THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT TNTP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE PORTAL OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PORTAL. IN NO EVENT SHALL TNTP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).

Indemnity. You agree to defend, indemnify and hold TNTP and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Portal or your placement or transmission of any message or information on this Portal by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to TNTP; or (vi) any other party’s access and use of the Portal with your unique username or password.
Release. In the event that you have a dispute with one or more other users of the Portal, you release TNTP (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination. You or we may suspend or terminate your account or your use of this Portal at any time, for any reason or for no reason. We may also block your access to our Portal in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Force Majeure. Neither TNTP nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by TNTP’s Privacy Policy available at www.tntp.org which is incorporated into and is a part of this Agreement.
General. Any claim relating to, and the use of, this Portal and the materials contained herein is governed by the laws of the state of New York. You consent to the exclusive jurisdiction of the state and federal courts located in New York, New York. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Portal or Services, and operation of the Portal may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by TNTP in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 5 (Solicited Submission Policy), 8 (Access and Interference), 12 (Limitations of Liability Limit), 13 (Indemnity), and 14 (Release) shall survive any termination or expiration of this Agreement.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Portal, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Portal. TNTP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Portal. TNTP has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of TNTP or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Portal infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is brittany.jacobs@tntp.org.

Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Portal that you claim is infringing, with enough detail so that we may locate it on the Portal;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Entire Agreement. These terms and conditions are the entire agreement between the user and TNTP and supersede any prior understandings or agreements (written or oral).
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at Brittany Jacobs by email at brittany.jacobs@tntp.org.