BIE TERMS OF USE

Effective: January 31, 2019

I.简介

这是您与Buck教育研究所之间的协议（以下简称“ Bie”，“我们”，“我们”或“我们的”），并且概述了重要的术语，您将同意使用网站。位于：bie.org;pblworks.org;和/或my.pblworks.org(hereinafter collectively referred to in the singular as “the Site”).

当您访问我们的网站或创建一个帐户以访问pblworks.org（“ pblworks”）时，您将可以访问某些资源和服务，包括但不限于使用BIE提供的模块或内容创建教育项目或计划，访问在线教育会议，与用户社区共享在线互动，共享教育项目或教育计划的选项，在某些情况下，获得教育学分（以下简称统称为“服务”）。

In addition to your agreement to be bound by these Terms of Use, you will also agree to be bound by BIE’s correspondingPrivacy Policy和Cookie Policythe terms of which are incorporated by reference.

Please read the rules contained in this Agreement carefully.By visiting the Site, and/or downloading, using or registering to use our Services, you agree to comply with these rules.

II. Changes to the Agreement

我们将不时更改本协议。任何重大更改都将对新用户立即生效，并在通知后30天到期后。30天通知期之后的网站，资源或服务的任何使用都构成您接受任何更改。除非另有明确说明，否则任何增加当前服务（包括新服务）的新功能均应遵守本协议。

III. Account Registration and Fees

1. User Accounts

该站点允许创建帐户（称为“用户帐户”）。用户帐户的创建将使您能够访问网站上的不同服务和功能。访问某些服务和功能需要支付年度订阅费，这是不可退还的。

2. Personal Information Provided

In order to create a User Account, you must provide certain Personal Information as defined in the Privacy Policy portion of this Agreement. All Personal Information will be subject to the terms of ourPrivacy Policy。

You agree and represent that all Personal Information provided by you at the time of registration is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account. If you provide any Personal Information that is untrue or inaccurate, not current, or incomplete, or if BIE suspects that your Personal Information is untrue, inaccurate, or incomplete, then BIE may, in its sole discretion, suspend, terminate, or refuse future access to the Services or your User Account.

If any of your User Account information changes or if you have reason to believe that your User Account is no longer secure, you must update your account by using the appropriate update mechanism on the Site, if available. BIE is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify BIE immediately. You are responsible and liable for any conduct on the Site under your User Account.

Only the individual assigned to the User Account is permitted to use the password protected Services within BIE. If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to the Services we reserve the right to terminate access to the Services or your User Account.

C. Inactive Accounts

Upon non-payment of subscription fees when due, your User Account will be downgraded to an account that does not have access to any of the paid portions of the Site or Services.

如果一个用户没有更新年度subscription payment and the User Account is downgraded, BIE will preserve the User Generated Content associated with that User Account for either a commercially reasonable time or a period of three years (at its option) during which time the user will be able to access the content for review and download. There is no guarantee that BIE owned content will remain the same or will be preserved as the BIE content appeared at the time that an account has been downgraded.

iv。知识产权所有权

拥有、或被许可人、标题和interest in and to the Site and all BIE created materials and BIE created content associated with the Services or its products, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

The trademarks appearing on the Site are owned by BIE or are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.

By utilizing the Services or visiting the Site you agree that you will not violate any of BIE’s intellectual property rights. You will not create any works that incorporate any BIE forms, modules, rubrics, and/or online planners, except as expressly permitted in Section V of these Terms of Use or as outlined on the Site. You may use material from this Site only for your own personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You will not copy, modify, adapt, translate, publish, reproduce decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter BIE’s copyright notice or any copyright notice fixed by a third party content owner, trademarks or other proprietary rights notices that may be affixed to or contained within the Site.

A. Third Party Video Content

While much of the video content on the Site is created and owned by BIE, some third party video content is used and displayed on the Site under license to BIE. If you see a video on our site, don’t assume that our limited license to you as outlined in Section VI will apply. To the extent possible, all third party content has been identified as such.

B. Creative Commons Licenses

Select material on the Site is designated with a specific Creative Commons License and you may use that material as provided in the applicable Creative Commons License. Learn more about the different types of licenses, license deeds and license code by visitinghttp://creativecommons.org/licenses/。For any work not designated as free to use under a creative commons license, contact BIE as outlined in Section XXI to seek written permission to use such works.

V. bie项目表格和专栏以及用户生成的内容

As part of the Services, BIE will provide the user with access to various project forms, modules, rubrics, and/or online planners created and owned by BIE (“BIE Project Forms and Rubrics”). Users may download and use these BIE Project Forms and Rubrics “as is”for their own personal useOR users may: (i) create certain desired changes to tailor his or her own project to his or her own needs using BIE’s Project Forms and Rubrics; or (ii) create their own projects using the Project Forms and Rubrics as only a guidefor their own personal use。

A. User Generated Content

The BIE Project Forms and Rubrics contain blanks or spaces that a user can “fill in” with their own content. The content that a user “fills in” or otherwise adds to the BIE Project Forms and Rubrics shall be considered “User Generated Content.” BIE will not claim ownership to such User Generated Content.

您表示并保证自己拥有或拥有许可，权利或其他类型的许可，以本文设想的各种方式使用和利用此类用户生成的内容。您同意赔偿和持有bie，其分支机构及其分支机构，并从任何要求，损失，责任，索赔或费用以及与用户生成的内容有关的任何第三方或有关的任何第三方对我们征收的律师费。

B. Permitted Uses of User Projects

Once a user creates a project, he or she may either: (i) save and use these projects within PBLWorks; (ii) share their projects or plans saved within PBLWorks with other users; or (iii) download his or her own project to their own personal computers or other desired location for his or her own personal use.

a. Sharing Projects Within PBLWorks

Bie鼓励用户创建和共享他们的项目，并与其他服务的其他用户社区互动。还将允许用户显示，传输和/或交换信息，想法，观点，图像，视频，创意作品或其他信息，消息，传输或材料在PBLWorks中，并与Bie有关共享项目或计划。

b. Downloading Projects and BIE Project Forms and Rubrics

PBLWorks allows users to download the projects that he or she creates onto his or her own computer or other similar location for their own personal use.If the downloaded projects include BIE Project Forms and Rubrics or if the user’s projects were created using the BIE Project Forms and Rubrics as a guide, the user may NOT sell or otherwise use the downloaded project for any commercial purpose.

vi。授予有限许可证

Subject to your compliance with this Agreement, BIE grants you a non-exclusive, non-transferrable, royalty-free, revocable, world-wide limited license, subject to certain limitations outlined herein, to use the Project Forms and to access and use the Site and Services using a Web browser.

用户在此授予Bie，Bie是一种非排他性，免版税，不可撤销的，全球范围内的许可，并授予您的用户生成的内容。用户生成的内容的此类许可将允许Bie使用，复制，复制，展示，展示，展示，打印，发布和以其他方式使用用户生成的内容。

VII. Site Availability and Updates

While BIE strives to ensure that the Site and the Services are available as close to 99% of the time as possible, it cannot guarantee that the Site and the Services will be available for use at any given time.

Bie承认，可能需要对网站和服务进行维护活动，并且可能会不时地进行或适当的服务，包括错误修复，软件更新，功能更新以及添加新的BIE表单，模块和规则。在大多数情况下，网站或服务的功能不会中断。

If BIE reasonably determines that maintenance activities will require an unavailability or outage of the Services or the Site for an excess of 3 days, BIE will provide a notice of scheduled downtime on the Site at least one week before the scheduled outage.

Bie将在非企业时间内使用商业上合理的努力来执行常规的安排维护。如果由于技术原因，不可抗力或预定的维护或停机时间，该网站或服务是无法使用的，则BIE应使用商业上合理的努力来确保这种停机时间尽可能最小。

viii。保修和责任限制的免责声明

你承认你是使用你的网站R OWN RISK. THE SITE IS PROVIDED "AS IS", BIE AND ITS AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. BIE AND ITS AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE. BIE ITS AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE BIE ITS AFFILIATES AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.

IX. INDEMNIFICATION

YOU WILL INDEMNIFY AND HOLD HARMLESS BIE, ITS AFFILIATES AND ASSIGNS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES, FROM ANY CLAIM MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THIS SITE AND SERVICES, ANY ALLEGED VIOLATION OF THE TERMS OF USE, AND ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. BIE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, BUT DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

X.使用规则

You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Site or the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent.

You may not provide to or post any User Generated Content on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, solicitation of sex).

User Generated Content does not reflect the views of BIE. BIE does not have any obligation whatsoever to monitor, edit, or review any User Generated Content on the Site. BIE will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

XI.Use by Minors and Children Under 13 Prohibited

The Site and the Services are directed to adults. They are not directed to minors or children under the age of 13. We comply with the Children's Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the Site, such as during the registration process.

xii。Ferpa

BIE complies with the Family Educational Rights and Privacy Act of 1974 (Ferpa), which is a federal law that protects the privacy of student education records. While users are free to upload student programs or projects as part of their own User Generated Content, it is solely the user’s responsibility to ensure that there is no personally identifiable information about any student contained therein.

IN THE EVENT THAT YOU UPLOAD ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BIE, AS WELL AS ITS AFFILIATES AND ASSIGNS, FROM ANY CLAIM ARISING OUT OF THE UPLOADING OF ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS.

In the event that there is personal information about a student included as part of any User Generated Content, BIE reserves the right to remove the content immediately and without notice to the user.

In the event that you notice the inclusion of any personal information that you believe may be that of a student under the age of 18 and in violation of FERPA, we ask that you notify BIE by sending a description of where the personal information is located on the site to the email provided in Section IX below.

xiii。第三方网站

作为提供的服务的一部分，您将能够访问提供自己的服务和内容的第三方网站。我们不控制那些第三方服务和内容。

Xiv。Purchases

您还可以选择从通过网站访问的第三方网站购买商品。Bie从来没有担任此类销售的代理商。Bie不会也不会处理或保留与第三方网站购买的任何信用卡信息。任何此类物品的销售交易均应在用户与第三方卖方，分销商或制造商之间，而无需Bie或其第三方服务提供商。您同意BIE对网站上的商品或产品不承担任何责任，并且对您不承担任何责任。BIE不保证网站上的任何商品或产品。

XV. Coursework with Universities or other Academic Institutions

While the coursework of any courses you are enrolled in will be available through the Site, the terms and conditions of any academic credit offered are governed by a separate third-party university and all terms of use associated with the website for that particular university or other academic institution, as well as all intellectual property ownership rules and guidelines for that university or other academic institution shall apply.

xvi。侵权索赔通知

BIE尊重他人的知识产权,和we ask our users to do the same. BIE has designated an agent to receive Notices of Infringement with the U.S. Copyright Office in conformity with the Digital Millennium Copyright Act (“DMCA”). That agent’s contact information is reproduced below. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact BIE as outlined below with the following information in a written notice in writing or electronically:

1。A description of the copyrighted work or other intellectual property that you claim has been infringed;

2.描述您声称侵权的材料位于现场的位置，并提供足够的细节，我们可以在网站上找到它；

3. Your address, telephone number and e-mail address;

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

5.伪证处罚的声明，即您的通知中的信息是准确的，您是版权或知识产权所有者，或被授权代表版权或知识产权所有者行事；

6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Please direct the information to:

Buck Institute for Education
Attn: Privacy Policy
3 Hamilton Landing
Suite 220
诺瓦托，加利福尼亚州94949

Email: notices@pblworks.org

XVII. Suspension of Access to the Site

Bie有权终止和/或中止您无需通知的任何理由访问网站服务的能力。

Xviii。Arbitration

您同意仲裁您和Bie之间的所有争议，其分支机构和分配，除了与Bie的知识产权有关的争议。“纠纷”一词是指您与BIE关于服务或本协议的任何行动或其他争议，无论是合同，侵权，保修，法规或法规，还是其他法律或公平的基础。

如果发生争议，您多次发送书面通知，将争议详细介绍给BIE，以确定是否可以立即解决争议。如果无法解决争议，您和BIE将通过在加利福尼亚州旧金山的中立仲裁员面前约束仲裁来解决争议，其决定将具有约束力，除非根据《美国联邦联邦仲裁法》的有限上诉权。仲裁将由美国仲裁协会根据其商业仲裁规则及其与消费者相关纠纷的补充程序进行管理。各方应承担自己的费用。

XIX. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

XX。Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.

XXI. Contact BIE

Please direct any inquiries or complaints as outlined in this Agreement to the below address:

Buck Institute for Education
Attn: Privacy Policy
3 Hamilton Landing
Suite 220
诺瓦托，加利福尼亚州94949

Email: notices@pblworks.org

如果您不同意上述条款和条件，则禁止您使用本网站或注册服务。