Terms & Conditions

Introduction
Welcome to the Internet website www.SpotOnReviews.org (the "Site"). SpotOn™ is a selection database for digital classroom content, a decision-making resource for teachers, curriculum directors and administrators in PreK-12 schools, and school districts. On our Site, we provide a platform for teachers to find, evaluate and share experiences about educational technology, tools and resources ("Classroom Resources" or "Resources").

Please note that while this Site is owned and operated by The Ohio State University ("OSU"), the services provided on this Site may be performed by technical, educational, business, or other entities affiliated with or under contract to OSU. OSU and any, and all, such affiliated or contracted entities are collectively referred to herein as "we," "us" or "our". The terms "you," "your," "User" and similar terms refer to end users of our Site. The following terms and conditions (collectively, these "Terms of Use" or "Terms") apply to your use of the Site, including any content, functionality and services offered on or via the Site. The Terms of Use also includes our Privacy Policy, which you can review here.

Acceptance
Please read the Terms carefully before you start using SpotOn, because by using the Site you accept and agree to be bound and abide by them. Your continued use of the Site is construed as an acceptance of the Terms outlined herein. If you disagree with these Terms, please exit the Site immediately, as you are not authorized to use the Site.

Changes to the Terms of Use and Site Updates
SpotOn is a work in progress and will continue to change and evolve. We reserve the right to update the Site and these Terms at our discretion. We may modify these Terms of Use as needed. We will notify you of any modifications to these Terms by posting them on the Site and your use of the SpotOn site after the effective date of the updated Terms constitutes your agreement to the changes.

Site Access
While we have done our best to ensure site reliability, we can't guarantee that the Site will be up and running without interruption. We also reserve the right to suspend or restrict user access to some features. SpotOn will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

Site Content
Although we do our best to ensure the Site's content is accurate and authoritative, we make no guarantee that the Site or any content contained within is error free.

Intellectual Property, Copyright, and Use
The Site and its original content, features and functionality (including look and feel), are owned by SpotOn and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, reviews, implementation notes, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site. For the purposes of these Terms of Service, "Content" also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Site by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the rights the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any Content, including but not limited to User Content, will be made available on the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Site.

You are permitted to use the Website for your academic or personal non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms. Prohibited uses include violation of laws and regulations, hacking the Site in any manner, or violating the Content Standards set below. No right, title or interest in or to the Site or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by these Terms is a breach of these Terms.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time ("Feedback"). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Site, marketing materials, or other products or services.

The Site may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.

User Contributions and Content Standards
SpotOn contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other User Content on or through the Site. All User Content must be lawful, not spammy, and free of viruses or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not seek to monetize the Site, including by providing reviews or endorsements for payment or other consideration from any Technology Partner or other third party.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety, or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Not give the impression that content emanates from us or any other person or entity, if this is not the case.
  • Not violate or circumvent your School's policies, including the School's honor code.
  • Not expose SpotOn, OSU, your School, any other User, or this Site to any civil or criminal liability.
  • Not share or disclose any personally identifiable information regarding any students.

Law and Copyright Infringement
We do not undertake a review of all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

  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 us to locate the material.
  4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
  5. A statement that you in good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be addressed to contact@spotOnReviews.org, or via regular mail to DMCA Designated Agent, c/o SpotOn Reviews, The Ohio State University, 1100 Kinnear Rd., Room 145, Columbus, OH 43212.

Disclaimer of Warrantees, Limitations of Liability, and Indemnification
Your use of SpotOn is at your sole risk. The service is provided "as is" and "as available." We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Site. Because the Site is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

Listing or availability of any Classroom Resources on or through the Site does not constitute a recommendation, sponsorship, guarantee or endorsement of such Resources by SpotOn. You are responsible for determining whether you wish to use or purchase a Resource which may be made available, reviewed or otherwise included on or through the Site. Any purchase or use of any Resource, whether based on any reviews or otherwise, is entirely at your discretion and risk. If you have problems with any Classroom Resource, your remedy, if any, is through the applicable technology partner that provided or sold that Resource to you.

Geographic Restrictions
For now, we provide this Site for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio.

Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and SpotOn and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Feedback
We welcome any comments, questions and communications at contact@spotOnReviews.org.

Last Updated: April 6, 2016