ElateWiki:General disclaimer

From ElateWiki

Terms of Service for the ELATE Wiki

The Electronic Learning and Teaching Exchange wiki (“ELATE wiki”) is a non-commercial, non-profit endeavor of Kansas State University (K-State). The ELATE wiki is created and edited by those interested in advancing the use of technology in teaching, particularly in e-learning. The information in this wiki is freely available.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Terms of Service: These terms of service create a binding legal agreement between you and K-State. Your continued participation on this site indicates your acceptance of these terms, and K-State allows you to access the site as consideration for your agreeing to abide by these terms. If you refuse to agree to any of these terms, you must immediately discontinue your use of this site. If you are unclear about the meaning of these terms, discontinue use of the site and consult an attorney.

Age Requirement: Users of this site must be at least 18 years old.

Liability Release and Waiver: BY USING THIS SITE, YOU WAIVE YOUR RIGHT TO HOLD KANSAS STATE UNIVERSITY (OR ITS EMPLOYEES OR AGENTS) LIABLE FOR CLAIMS RELATING TO YOUR USE OF THE SITE. YOU RELEASE K-STATE FROM LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM YOUR USE OR INABILITY TO USE ELATE WIKI, AND FROM YOUR VIEWING ANY CONTENT POSTED ON ELATE WIKI. THIS LIABILITY RELEASE AND WAIVER INCLUDES ALL POTENTIAL LEGAL CLAIMS OR THEORIES, INCLUDING NEGLIGENCE.

YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THIS IS PROVIDED ON AN “AS IS” BASIS AND AN “AS AVAILABLE” BASIS. KANSAS STATE UNIVERSITY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE UNIVERSITY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE UNIVERSITY MAKES NO WARRANTY THAT THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM THE USE OF THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. K-STATE DOES NOT WARRANT THE AUTHENTICITY OF ANY OF THE POSTINGS.

THE CONTENT IS PROVIDED AS INFORMATION ONLY, NOT ADVISEMENT, AND USERS USE THIS SITE AT THEIR OWN RISK AND DISCRETION. THE IDEAS EXPRESSED ON THIS WEBSITE ARE NOT SUPPORTED BY, NOR REPRESENTATIVE OF, THE OFFICIAL STANCE OF KANSAS STATE UNIVERSITY. BY USING THIS SITE, YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT KANSAS STATE UNIVERSITY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification: You agree to indemnify and hold K-State, its affiliates, and each of their officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the site, your use of the site, your conduct in connection with the site or with other users of the site, or any violation of this Agreement or of any law or the rights of any third party.

Non-Endorsement of Linked Sites: While this site may contain links to other websites, the inclusion of those links does not indicate any implied or direct endorsement for those sites or any of the contents of those sites. Users use the information found there at their own risk. Any third parties that are linked to from this website are not adopted or endorsed by Kansas State University. Copyright: By using this site, all contributors are granting Kansas State University world-wide, perpetual, irrevocable, royalty-free, non-exclusive, fully sub-licensable licenses to use, distribute, reproduce, modify, adapt, publish, display and translate any content, in whole or in part, submitted in connection with this site. Otherwise, the contents submitted to the site will be retained by the original authors. The users of this site are responsible for what they post and must avoid using copyrighted materials. By submitting materials, you represent and warrant that you have the full legal right and authority to submit your content and that the posting of the same will not violate the rights of any persons.

No copyrighted works should be used on this site without prior permission of the authors, except within the guidelines of fair use. By posting work to this site, you are affirming that the text and multimedia works are all original and that you own the copyright to whatever you post.

Copyright and Creative Commons Any materials submitted to the ELATE wiki are submitted, and may be used, under a Creative Commons Attribution-NonCommercial-ShareAlike license [1]. The Creative Commons Deed, describing this license in simpler terms, may be found here [2].

Claims of Copyright Infringement For claims of copyright infringement, please contact K-State’s designated agent under the Digital Millennium Copyright Act: [3].

Civility and Care: Users must treat others with civility and respect. Users should not engage in any personal attacks, compromise others’ privacy, libel or slander others, or engage in hate speech. This site aims to be educational and to provide a forum for intercommunication, but it is not the place for any of the following: incendiary or provocative language, personal attacks, or private disclosures. Any who use this site should use due diligence and care.

Users should interact with each other in constructive ways. Please respond to messages from other site users as you would any other professional in the field. All responses should be relevant to the original post and remain respectful of other authors and commentators. Your submittal of information and multimedia gives ELATE wiki the right (but not the obligation) to post, edit, exhibit, reuse, publish, use, license, distribute or otherwise use your comments and contents, and accompany information via all forms of media now known or hereafter devised, into perpetuity. Those who are determined to have vandalized this website with offensive content or language will be blocked indefinitely from the website.

In addition, you agree not to use the site to:

• Harvest or collect email addresses or other contact information of other users from the site by electronic or other means for the purposes of sending unsolicited communications;

• Use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site;

• Use automated scripts to collect information from or otherwise interact with the service of the site;

• Upload, post transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

• Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

• Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a

User account on behalf of any group or entity;

• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

• Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• Upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

• Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

• Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• Intimidate or harass another;

• Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

• Use or attempt to use another’s account, service or system without authorization or create a false identity on the site;

• Upload, post transmit, share, store or otherwise make available content that, in the sole judgment of K-State, is objectionable or which restricts or inhibits any other person from using or enjoying the site, or which may expose K-State or its users to any harm or liability of any type.

User Disputes: You are solely responsible for your interactions with other users. K-State reserves the right, but has no obligation, to monitor disputes between you and other users.

Account Authenticity: Do not set up multiple accounts on this site. You may set up only one account and must use the real email address linked to your account. Do not set up user names that belong to other people or that would misrepresent your own identity. Any such accounts will be deleted by the website master(s). You are responsible for maintaining the confidentiality of your account. If you become aware of any unauthorized use of your account or account information, you are to notify K-State right away.

Quality Postings: You may not post any unlawful, threatening, libelous, defamatory, obscene, pornographic or other materials that would violate the law or harm another. K-State is not required to give any reason for its determination that submitted content is unacceptable. Site Graffiti or Defacement: Those who spam the site will also be blocked. No obscene materials should be submitted to the site. Determinations of obscenity will be based on the community standards of Manhattan, Kansas.

Protection against Phishing Schemes: K-State will not send emails asking for personal information or to confirm sensitive personal information. If you receive such email communication, forward that immediately to the webmaster of the site at mchaney@k-state.edu.

Wiki Editing Rules: Avoid compromising the integrity of others’ ideas with your editing, reversions, and deletions. Do not post personal information on this site. This site is a professional endeavor, and the contents should focus on advancing the use of technology in teaching, particularly in e-learning.

Privacy and Confidentiality: K-State reserves the right to monitor, edit and disclose any user’s use of the site if integrity is compromised--based on applicable laws and regulations.

Limited Anonymity: Users of the site may experience limited anonymity in the creation of an online avatar in some places on the site. If required by law, the university may access, preserve and disclose user contents and personal information.

The university may access, preserve and disclose user contents and personal user information in other cases, such as to enforce the terms of service; investigate and respond to claims of content violations by third parties; respond to customer requests, or support personal safety of those at the university, the users of the service, and the general public.

Enforcement: You agree that by using this site, you are doing so in the jurisdiction of the State of Kansas. Furthermore, you consent to exclusive venue in the District Court of Riley County, Kansas, for any claims related to these Terms of Service or to your use of the site.

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Kansas and the United States of America, without regard to principles of conflict of laws. In addition, any ambiguities herein shall not be interpreted against K-State as the drafter, but shall be interpreted to effectuate the intent of the parties. In general, the parties’ intend to protect K-State from expense or liability and to allow the site to function effectively. These Terms of Service should be broadly interpreted to reflect that intent.

Any part of this Terms of Service found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. Any other portions shall be severable, shall maintain their full force and effect, and shall be binding on the parties.

Modifications to the Service: Kansas State University may modify, discontinue, temporarily or permanently, the website service (or any part of it), with or without notice. You agree that Kansas State University will not be liable to you or any third party for any modification, suspension or discontinuance of the service.

Any changes made to this Agreement will take effect as soon as the notice is posted on the site. Users are responsible for being aware of these changes, and any continuing use of the service after the notice is posted indicates your acceptance of those changes.

Refusal or Discontinuance of Service: Kansas State University reserves the complete discretionary right to refuse or discontinue service to any user, for any reason or no reason at all, without notification.

Trademarks: The ELATE Wiki logo, marks, titles and names are used with all rights reserved. Any Kansas State University logos, marks, titles and names are used with all rights reserved. These may not be used without legal release by Kansas State University.

Notification of the Website Master(s): Notify the wiki master(s) as needed in case some mediation or intervention is needed. His contact information follows below:

Dr. Roger McHaney, Wiki Keeper

mchaney@k-state.edu