Terms of Use (the "Terms")

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these Terms, please do not use the Site.

Teachers' Domain is an online educational service offering media resources appropriate for K-16 curriculum, for use in lessons or independent study (the "Service"). This Teachers' Domain site (including all services, functionality and content available through the teachersdomain.org domain name, collectively, the "Site") is owned and operated by WGBH Educational Foundation ("WGBH"). The terms and conditions (the “Terms”) set forth herein apply to all information, online communications, services, text, video, audio files, graphics, still images, links, or other material and content that is or becomes available on the Site or is otherwise offered for the Service (collectively, "Content"). By accessing or using the Site, you specifically agree to abide by these terms and conditions and any modifications thereto. If you do not agree to these Terms, please do not use the Site.

AGE ADVISORY This Site is not directed to children younger than 13 and is offered only to users 13 years of age or older (the "Age Requirement"). If you are not yet 13 years old, please do not use the Site.

1. Registration

   Certain components, portions, features, or services available on the Site may only be accessible and used after registration and creation of an account. When creating your account, you must provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or if WGBH has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, WGBH has the right to suspend or terminate your account and access to the Site. You will receive a password and login name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are solely responsible for all activities that occur with your password and login name. You must immediately notify WGBH of any unauthorized use of your account or any other breach of security. WGBH will not be liable for your losses caused by any unauthorized use of your account. You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. Restrictions on Use of Site and Content
   1. Non-commercial, Educational Use Only. This Site and the Content therein may be used for bona fide non-commercial educational purposes only. You may not use this Content in a defamatory or derogatory manner. In addition, you may not use this Content for or in any commercial or for-profit manner without the prior written consent of WGBH. For clarity, this means the Content may not be used in any commercial tie-in (i.e. use of the content in connection with marketing merchandise or services and/or in connection with premiums or promotions, or use of the Site or Content in order to gain advertising or subscription revenue), you may not charge anyone for this content (e.g. charge for access to the Site or Content from another site), you may not incorporate this content into a product that you sell for profit (e.g. selling ads on another site targeted to the Site or Content), you may not use the content to advertise or promote a product, nor may you use the content in any other manner that may be construed as an endorsement, express or implied, of any party, product, or other entity.
   2. You may not remove, copy, alter, reproduce, modify, create derivative works of, republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license, or commercially exploit, in whole or in part, the Content or this Site, except as expressly permitted by these Terms or by the respective content owner as indicated in any end user license agreement that accompanies such Content. WGBH reserves all rights not expressly granted in and to the Site and the Content.
   3. You may not circumvent, disable or otherwise interfere with security- related features of the Site or features that prevent or restrict use or copying of any Content. You further agree not to reverse engineer or jeopardize the correct functioning of the Website or attempt to gain access to secured portions of the Site to which You do not possess access rights.
   4. You may use the Resource Folder tools provided by this Site to customize presentations of Content designated for this use, and you may provide guests with access to your Resource Folders. However, you may not distribute any of the Content in any other format for any purpose (commercial or non-commercial), except as expressly permitted by these Terms.
   5. You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. comments, Resource Folder tools, questions and answers) for any commercial solicitation purposes.
   6. You may not use the Site to generate unsolicited email advertisements or spam, or to conduct or promote any illegal activity.

3. Permitted Uses of Content
   1. Content on the Site is made available to Site users under four levels of non-commercial, educational permitted uses as described below. You may copy and download only the Content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
      • Viewed Online only -- You are permitted to view the Content from the Site only. You may save links to this content in your Teachers' Domain Resource Folders and you may also incorporate html links to the URLs of the Resource Pages for this Content. You are not permitted to download this Content.
      • Download to View ("Download") -- You are permitted to download the Content to view it on your computer or other digital video device for your own personal use. You may not modify, redistribute, reproduce, edit, retransmit, or in any way repurpose the Content. Read the full license.
      • Download for Verbatim Use ("Download and Share") -- You are permitted to download the Content, make verbatim copies of the Content, incorporate the Content unmodified into a presentation (such as a PowerPoint, an essay, or Web page), and distribute verbatim copies of the Content, but you may not edit or alter the Content or create any derivative works of the Content. You must attribute the Content as indicated in the download package. Read the full license.
      • Download to Re-edit and Distribute ("Download, Share, and Remix") -- You are permitted to download, edit, distribute, and make derivative works of the Content. You must attribute the Content as indicated in the download package. Read the full license.
   2. Ancillary Materials: The Content may include certain ancillary educational materials, such as lesson plans, background essays, student activity sheets, and other printouts. ("Ancillary Materials"). You may modify, alter, and revise the Ancillary Materials to meet specific instructional needs, provided that the following statement is prominently displayed on all such revised Ancillary Materials, in addition to any other proprietary notices, and with the understanding that WGBH Educational Foundation or any other indicated copyright holder shall continue to own the Ancillary Materials: "Revised with the permission of WGBH Educational Foundation (or other copyright holder indicated on the page). WGBH Educational Foundation (or other indicated copyright holder) is not responsible for the content or accuracy of the revision."
   3. Attribution and Citations: In the event of any permitted copying, redistribution or publication of copyrighted material, you must keep intact all proprietary and copyright notices on the Content, and shall include proper attribution for all Content used in any presentation or derivative work you create with the Content. Watermarks, title names, and producer information within video content may not be changed, edited, removed or obstructed. Unless otherwise noted on the Content, reference to WGBH as the source of the Content is required for all Content including video clips, video stills, images, and lesson plans.

      Examples of proper citation format for video and images will be included as part of the download package that accompanies the resource.

   4. You understand that when using the Site, you will be exposed to User Generated Content (defined below) from a variety of sources, and that WGBH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. Though WGBH expects all users to adhere to our Terms and content policies, you understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WGBH with respect thereto, and agree to indemnify and hold WGBH, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
4. User Generated Content
   1. This Site permits the submission of videos, textual content or other content submitted by you and other users ("User Generated Content") and the hosting, sharing and/or publishing of such User Generated Content. You understand that whether or not such User Generated Content is published, WGBH does not guarantee confidentiality with respect to any such User Generated Content.
   2. You shall be solely responsible for your own User Generated Content and the consequences of WGBH posting or publishing them. By submitting your User Generated Content to WGBH, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize WGBH to use all patent, trademark, trade secret, copyright or other proprietary rights, including privacy and publicity rights, in and to any and all User Generated Content to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Website and these Terms; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Website and these Terms; (iii) the User Generated Content is your own original work and that you own or control the necessary rights to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Website and these Terms; (iv) the User Generated Content does not in any way violate any laws, rules or regulations, (v) the User Generated Content is not in any way libelous, slanderous, derogatory, abusive, defamatory, invasive of privacy or publicity rights, vulgar, profane, obscene, offensive, pornographic, threatening, harassing, racist, hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; (vi) the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever; and (vii) the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity.
   3. Unless you enter into a separate written agreement with WGBH, WGBH does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to WGBH, you hereby waive any and all moral rights in connection with the User Generated Content and you automatically grant WGBH a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, create derivative works of (including without limitation, to rename, edit, shorten, if video, split the videos into different segments, and use the entire User Generated Content or segments thereof), publish, transfer, transmit, publicly display, and publicly perform the User Generated Content on, through or in connection with the Site (including the advertisement and promotion thereof) in any media formats and through any media channels, or for any other non-commercial use of your User Generated Content. You also hereby grant each user of the Site a non-exclusive license to access your User Generated Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Generated Content (in whole or in segments) as permitted through the functionality of the Site and under these Terms.
   4. In connection with your User Generated Content, you further agree that your will not upload content, or distribute anything that may be harmful to minors or that violates these Terms;
   5. WGBH does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and WGBH expressly disclaims any and all liability in connection with User Generated Content. Opinions on the Site are not to be construed as assertions of fact.
   6. Your User Generated Content will remain on the Site until such time as you remove or delete such content from the Site. When you do remove your content, the license described above will automatically expire within a commercially reasonable time after you remove or delete your User Generated Content from the Site.
5. Removal of Content
   1. WGBH does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and WGBH expressly disclaims any and all liability in connection with User Generated Content. WGBH does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and WGBH will remove all Content (including User Generated Content) if properly notified that such Content infringes on another's intellectual property rights. WGBH reserves the right to remove Content, including User Generated Content without prior notice.
   2. WGBH reserves the right to decide whether Content or a User Generated Content is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WGBH may remove such User Generated Content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
   3. WGBH reserves the right to change or discontinue temporarily or permanently any Content, or services available through the Site at anytime without notice. WGBH will not be liable to you or any third party for any modification or discontinuance of the Services therein.

6. Conflicts

   Some of the Content on the Site is made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on this Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of this agreement.

7. Copyright

   All rights, including copyright and database right, in this Site and its contents (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and ancillary materials, but excluding User Generated Content (defined below), are owned by or licensed to WGBH, or otherwise used by WGBH as permitted by applicable law or agreement.

8. Trademarks

   Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to WGBH. Nothing contained herein shall be construed as conferring to you any license or right under any trademark or patent of WGBH.

9. Users' Obligation to Abide By Applicable Law

   In connection with the use of the Site, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Content and materials available on the Site includes intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

10. Notification of Copyright Infringement
    1. 1. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification to WGBH’s Designated Agent pursuant to the Digital Millennium Copyright Act ("DMCA") section 17 USC 512 (c) (3). All notifications of claimed copyright infringement should be forwarded to our Designated Agent: Eric Brass, One Guest Street, Boston, MA 02135, fax: 617-300-1014, email: infringement@wgbh.org,

       According to Section 512 (c)(3)(a), any copyright infringement notification must include:

       1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       2. 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;
       3. 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;
       4. 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;
       5. 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; and
       6. 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.
       You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid pursuant to the DMCA.
    2. 2. Counter-Notice. If you believe that your removed or disabled User Generated Content is not infringing or that you have the authorization from the copyright owner or the copyright owner’s agent, you may send a counter-notice containing the following information to the Designated Agent:
       1. A physical or electronic signature of the subscriber.
       2. 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.
       3. A statement under penalty of perjury that you have 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.
       4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for Boston, Massachusetts, and a statement that you accept service of process from the person who provided notification of the alleged infringement.

11. Disclosure of Online Communications

    You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of WGBH may, in the course of their regular duties, have access to communications required by law.

12. Rogue Programming and Viruses

    WGBH is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming ("Rogue Programming") that may be contained in any of the Content, material or software contained on the Site. WGBH has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.

13. Content of Information

    You are responsible for the content of any information you put on the Site. WGBH has no obligation to, and does not in the normal course, monitor, prescreen or control any User Generated Content that is or becomes available on the Site. WGBH reserves the right to review any User Generated Content that is or becomes available on the Site. WGBH also reserves the right to refuse to post, to redact, edit or to move or remove any User Generated Content that is, in WGBH's sole discretion, unacceptable, undesirable, or in violation of these Terms. However, WGBH has no obligation to exercise such reservations of rights by WGBH and is not responsible for any failure or delay in removing such material.

14. Disclaimer of Warranties

    The Site, the Content and other material on the Site are provided on an "As Is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. WGBH does not warrant that any Content is complete or accurate, that the Site will be uninterrupted or error free, or that any Content or material is free of Rogue Programming.

15. Limitation of Damages

    Under no circumstance, including negligence, shall WGBH be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on Content available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of Content, disclosure of communications, or any other failure of performance.

16. Release and Indemnity

    Though WGBH expects all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. Your use the Site is at your own risk. You agree that WGBH is not liable for content that is provided by others. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect WGBH’s belief. You hereby release and waive any and all claims and/or liability against WGBH arising from or in connection with your use of the Site, the Content and/or any other material on the Site. You also agree to defend, indemnify, and hold harmless WGBH from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site, the Content and/or any other material on the Site or failure to abide by applicable law.

17. Modifications

    These Terms and the Content may be revised, amended, or supplemented by WGBH without notice at any time for any reason. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.

18. Privacy Policy

    The Site's visitors' Privacy Policy provides additional terms and conditions that apply to your use of our Site. If you do not agree to the conditions therein, please do not use the Site.

19. Other

    These Terms will be governed by and interpreted in the English language pursuant to the laws of the State of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from this agreement and shall not effect the validity and enforceability of any remaining provisions.