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Privacy Policy Site policy All users
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Summary

By continuing to our site, you have agreed to our privacy policy

Full policy

PRIVACY POLICY

WIN ELEMENTS LLC provides StreamlineED ® Professional Development (the “Service”) that provides and trains teachers and school leaders  to use available technologies (including, but not limited to, third-party Open-Source Learning Management Software and Plugins hosting on streamlineed.com and all of its subdomains) to implement education-related strategies and resources to support students. StreamlineED ® Professional Development providing by WIN ELEMENTS LLC also provides an e-commerce website, streamlineed.net, hosting on separated servers.

Please read Privacy Policy carefully before using the "Service" operated by Win Elements LLC ("us", "we", or "our").

StreamlineED ® Professional Development (the "Service") operated by WIN ELEMENTS LLC (collectively, "us", "we", or "our")  is committed to protect student privacy. We understand that privacy is extremely important to users (including, but not limited to, teachers, students, and child users)  of our website. We are committed to protecting your personal information and to be compliant to legal requirements, including the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”).

We are proud supporter of Student Privacy Pledge, and we have taken the Student Privacy Pledge to use students' and our users' data from our services that are dedicated to supporting instruction and learning opportunities to develop and improve our product/services intended for educational/school use. In addition, we also host a separate server for an online store/e-commerce on StreamlineED.net to further protect our students' privacy. This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

BY USING THE WEBSITE, REGISTERING FOR, ACCESSING, OR BROWSING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS IN THIS PRIVACY POLICIES AND TERMS OF SERVICES.

WHEN YOU REGISTER FOR OUR SERVICE, YOU WILL BE ASKED TO READ AND AGREE TO OUR TERM OF SERVICES, WHICH ALSO REFERENCE OUR PRIVACY POLICY. BY AGREEING TO OUR TERM OF SERVICE, YOU ARE ALSO AGREE TO PRIVACY POLICY.

IF YOU ARE A PARENT OR A LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE THE PERMISSION TO ACCESS THE SERVICE.

THESE TERMS REQUIRE YOU TO WAIVE CLASS ACTION AND/OR JURY TRIALS, ANDY YOU ARE REQUIRED TO RESOLVE ANY DISPUTES BY ARBITRATION

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN ITS SOLE DISCRETION AT ANY TIME.

1. What personal information do we collect from Students and Child User?

WE  collect your name, email address, username name, password, avatar, user-generated content only for the purposes of which were authorized by the educational institution/agency, teacher or the parent/student. Once a user enrolled in a course, we track and retains related records of user’s interactions with all activities of a course, which is the primary function of our service, an online Learning Management System. The teacher of the course will only view their students' data to better serve students' learning. 

2. What personal information do we collect from Teacher User?

WE collect your name, email address, username name, password, avatar, user-generated content. When a teacher signing up for a Teacher Account on StreamlineED.net, a third party PayPal service or STRIPE collects and process your billing address and credit card information.  

3.  How do we use your information?

3.1 From You - When you, as a student or a teacher, create an account, we ask for your name, username, password, and email address, to create your account. Additionally, you may upload an avatar on your user profile.

3.2 Information automatically collected. To provide a personalized learning experience for our user, we automatically collect certain types of usage information from your browser or device (such as, but not limited to, log file, Internet Protocol (IP) address, device or browser type, Internet service provider (ISP), the dates and times that you visit the Website). We may use cookies — a small text file containing a string of alphanumeric characters — to record current session information. Cookies are used to track logins, sessions, and collect anonymous traffic data.  We may also collect Google Analytics data to help us measure traffic and usage trends for the Service. We also collect information about how you use the Service (e.g., the pages you view, Activities you use, other interaction) and your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Services.We do not allow any third party advertising networks to collect information about the users of our website.

WE use a variety of third-party service providers (such as, for example,  YouTube to host our videos and/or Google Analytics to understand our Website usage. 

4.  What do we do with the information?

4.1 Student and other Users. Students and other users may access the website using personally identifiable information (such as, for example, username, email, and password). We strictly maintain the confidentiality of Student Data, and we do not use Student Data for any purpose other than to provide the Service.

4.2 Information automatically collected. We use or may use data collected through cookies, log files and device identifiers to: (1) remember information so that a user’s progress from activities is saved, so user can continue where user left off; (2) to record user’s achievement and other records when they interact with the Service; (3) to diagnose and fix technological problems;  and/to (4) to help users access information more efficiently.

5. How do we protect your information?

When you interact with the Service, the information you supply is encrypted via Secure Socket Layer (SSL) technology.  Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. WE implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider (including, but not limited to, Stripe and PayPal) and are not stored or processed on our servers.

6. How we share or transfer data.

WE protect the information you provide us, and we do not rent or sell Personal Information that we collect from Users with third parties.

7. Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

7.1 We use cookies to:

Compile aggregate data about site traffic and site interactions to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since the browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. It won't affect the user's experience that makes your site experience more efficient and may not function properly.

8. Third-party disclosure

WE  do not sell, trade, or otherwise, transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. Excluding third parties link provided by our users, we will try our best to make sure any third parties that we provide will adhere to the Pledge principles, including security and data retention principles. Our online store/ e-commerce are hosted on a separate server, and students under 13 years old do not have the permission to use our online store.

8.1 Third-party links

Occasionally, at our discretion, WE  may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. However, we will try our best to make sure any third parties that we provide will adhere to Pledge principles, including security and data retention principles. Our online store/ e-commerce are hosted on a separate server, and students under 13 years old do not have the permission to use our online store.

9. California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

9.1 According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our homepage or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

      • On our Privacy Policy Page

Can change your personal information:

      • By logging into your account

10. COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

WE  do not specifically market to children under the age of 13 years old. 

11. Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

      • Within 7 business days

We will notify the users via in-site notification

      • Within 7 business days

WE  also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

12. CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

      • Send information, respond to inquiries, and/or other requests or questions

To be in accordance with CAN-SPAM, we agree to the following:

      • Not use false or misleading subjects or email addresses.

      • Identify the message as an advertisement in some reasonable way.

      • Monitor third-party email marketing services for compliance, if one is used.

      • Honor opt-out/unsubscribe requests quickly.

      • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

Follow the instructions at the bottom of each email.

admin@streamlineed.com and we will promptly remove you from ALL correspondence.

13. E-commerce/Online Store is on a Separated Server (StreamlineED.net)

To protect our students' privacy and our users' payment information, WE host our E-commerce ( or Online Store) on a separate server.

13.1 Payment

All payment on our e-commerce/online store is processed and completed by secured PayPal and/or Stripe Payment.

You can learn how PayPal protect our customers here. 

You can also learn how Stripe protects our customers here.

13.1 Age of Consent

Only users who are 18 or older are allowed to create an account on our e-commerce/online store ( StreamlineED.net). If you are younger than 18 years old, you do not have the permission to access or use our e-commerce/online store.

13.2 Target-Placement Google AdSense (only on sStreamlineED.net))

WE use Google Placement-Targeted Ads on our e-commerce/online store that is hosted on a separate server (StreamlineED.net), which is our primary stores and blog where teachers can buy a subscription and other products to support. Only on StreamlineED.net, WE use Google Ads to serve ads when you visit my website. Google may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Google, click here.

14. Change of Business, including a merger or acquisition.

In the event that WIN ELEMENTS LLC ( including its services, but not limited to, StreamlineED.com and StreamlineED.net), we may transfer or assign the information that we have collected from users as part of such acquisition, merger, or any other change of control. However, we will only contract with future companies that are consistent with Pledge principles or allow users a choice to send information to the future identity.

15. Data Accessibility

Student, their parent, or their authorized parent will have access to review, make changes, or correct student's personally identifiable information using students' login information.

16. Data Retention

We will not retain students personal information for longer than necessary to deliver services or for education purpose providing our service. Each year, we will run a bulk action to remove and delete any users who have not logged in for 365 days, which is one school year, so we would not delete any active users. Once the users are deleted, their data will also be deleted from our service, including any backup. If your account and data are not deleted, contact us at info@streamlineed.com to request a deletion of your account.

17. Notice and Choice

We reserve the right, at our sole discretion, to modify, to change, add, or remove portions of the Terms at any time. What constitutes a material change will be determined at our sole discretion. Please check the Terms and any Guidelines periodically for any changes. Also, will email users and make an announcement on our website of any changes to our Privacy Policy.  By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We will make reasonable effort to provide notice to you of such amended Terms, such as by posting a notice on the Website or by email to the email address associated with your account.

18. Contacting Us

If there are any questions regarding this privacy policy, you may contact us at info@streamlineed.com

If you are unable to contact us, you may contact our Registered Agent:

California Registered Agent Inc

1267 Willis Street STE 200

Redding, CA 96001

Tel: (530) 232-5985

http://www.californiaregisteredagents.net

agent@californiaregisteredagents.net

 

 

 

 

 



Summary

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the "Service" operated by Win Elements LLC ("us", "we", or "our").

Full policy

Terms of Service ("Terms")

AGREEMENT BETWEEN YOU AND THE “SERVICE” OPERATED BY WIN ELEMENTS LLC ( “US”, “WE”, OR “OUR).

WIN ELEMENTS LLC provides StreamlineED ® Professional Development (the “Service”) that provides and trains teachers and school leaders  to use available technologies (including, but not limited to, third-party Open-Source Learning Management Software and Plugins hosting on streamlineed.com and all of its subdomains) to implement education-related strategies and resources to support students. StreamlineED ® Professional Development providing by WIN ELEMENTS LLC also provides an e-commerce website, streamlineed.net, hosting on separated servers.

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the "Service" operated by WIN ELEMENTS LLC ("us", "we", or "our").

StreamlineED ® Professional Development (the "Service") provided by WIN ELEMENTS LLC with permission of your local school (“Local School”) , local school district (“Local School District”) , teacher (“Teacher”) , or other responsible education authority (the "Subscriber") is made available to you (the "User") subject to the following Terms of Service (the "Terms").

BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.  

IF YOU ARE A PARENT OR A LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE THE PERMISSION TO ACCESS THE SERVICE.

THESE TERMS REQUIRE YOU TO WAIVE CLASS ACTION AND/OR JURY TRIALS, ANDY YOU ARE REQUIRED TO RESOLVE ANY DISPUTES BY ARBITRATION

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN ITS SOLE DISCRETION AT ANY TIME.

The Service includes, but are not limited to, an open-source learning management system software and plugins hosting on our websites to provides TEACHERS learning management tools that include, but are not limited to, including an online adaptive quiz, discussion boards, gradebook, and collaborative activities. We provide an account that enables a designated User (usually, TEACHER ) to manage online learning course for their students. TEACHERS access and manages to their courses and provide general support on behalf of an Entity (such as, local school or local district). “User” means any user of the Service, including TEACHER and STUDENT.

1.  Accounts. THE SERVICE IS NOT AVAILABLE TO (1) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE (2) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY THE USER’S LEGAL PARENT OR GUARDIAN. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ARE EITHER (1) AT LEAST 13 YEARS OF AGE OR (2) YOUR LEGAL PARENT AND/OR GUARDIAN HAS CONSENTED TO YOUR USE OF THE WEBSITE, AND (3) YOUR USE OF THE WEBSITE IS IN COMPLIANCE WITH THIS TERMS OF SERVICE AND ALL APPLICABLE RULES AND REGULATIONS.

1.1 Account.  To use certain features of the Website, you must register for an account, which you will be asked to provide username and password to connect to your account and use certain service of the website. Once you sign up, you are responsible for your account and any data associated with it. You are responsible for any activity that occurs on your account and you must keep your account password secure. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You may never use someone else’s account without permission. We recommend using “strong” passwords (passwords that use a combination of letters, numbers, and symbols) for your account to avoid unauthorized use. If you believe that your account has been used by an unauthorized user, you must contact us by email immediately. We are not liable for any losses or other damages due to unauthorized use of your account. You hereby agree to indemnify, defend and hold "US" harmless against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (1) your violation of any provision, representation or warranty and (2) your authorized and/or unauthorized use of the  website.

1.2 Child User.  If you are a user of the website whose age is under the age of 13 (“CHILD USER”), you may not register an account without the consent of your legal guardian and/or parent. We collect limited personal information from users when you create an account on the website. WHEN A CHILD’S LEGAL PARENT AND/OR GUARDIAN GIVES THE CHILD USER’S CONSENT TO USE THE WEBSITE, THE CHILD USER’S LEGAL PARENT OR GUARDIAN AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. WE ARE NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A CHILD USER OR A CHILD USER WITH THE CONSENT OF THE CHILD USER’S LEGAL PARENT OR GUARDIAN; OR, THE USER WHO REGISTERS IS A TEACHER.

1.3 Teacher User. We make certain features, including, not limited to, administrative features and tools of maintaining a COURSE to  certain users (including, not limited to, teachers, educators, and  representative of districts and/or  school) to work with other users (such as students and other users) throughout the website in order to provide educational-related services ( such as,  for example, (1) create assessments, (2) monitor students and other users progress and content, and (3) upload content for students and other users to access). If YOU ARE A TEACHER AND YOU HELP REGISTER AN ACCOUNT FOR A CHILD USER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED VERIFIABLE CONSENT FROM SUCH CHILD USER’S LEGAL GUARDIAN OR PARENT. YOU ALSO FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING, BUT NOT LIMITED TO, BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. As a result, you also agree to indemnify, defend and hold harmless us against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (1)  your failure to obtain sufficient parental or legal guardian consent; (2) the use of the Website by the Child User; and (3) your violations of any applicable laws and regulations, including, but not limited to, the Child Online Privacy Protection Act (COPPA). For more information on COPPA, please see www.ftc.gov/privacy.

2. Privacy Notice. Your privacy is important to us. Please read our Privacy Notice carefully for information relating to how we collect, use, and disclosure of Your personal information.

2.1 Google AdSense Advertising. We only use Google AdSense on our E-COMMERCE/ ONLINE STORE, which is hosting on a separate server and website (streamlineED.net), to serve ads when you visit our website. Google may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. WE DO NOT USE ANY PERSONALLY IDENTIFIABLE INFORMATION IN STUDENT RECORD TO ENGAGE IN TARGETED ADVERTISING. If you would like more information about this practice and to know your choices about not having this information used by Google, click here.

3. User Content

3.1 User Content. We do not control the user’s content (such as, but not limited to, posts, notes, questions, comments, ratings, reviews, images, videos and/ or any other user-generated content( collectively, “User Content”).  You understand that we have no obligation to monitor user content. You also understand that we do not guarantee any confidentiality with respect to any submissions or user-generated content. You also understand that we reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request. You also understand that we may edit, refuse to post, at our sole discretion, are objectionable or in violation of these terms of use.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (1) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We have the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of WIN ELEMENTS LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without expressed advance written permission from us.

3.2. Deidentified Information. We may use de-identified information to improve educational products for adaptive learning purposes and for customizing user’s learning experiences.

3.3. Copyright License Grant to "US". A user may submit feedback or testimonials about the service at the user’s discretion. By posting, submitting or distributing testimonials or feedback on or through the Website about the service, You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to "US" a worldwide, non-exclusive, transferable, fully paid-up, royalty-free, irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute the content, in whole or in part, in any media formats and through any media channels.

4. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@streamlineed.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

4.1  DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

·         a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

·         identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

·         your address, telephone number, and email address;

·         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;

·         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at admin@streamlineed.com

5. Prohibited Conduct. BY USING THE WEBSITE, YOU AGREE NOT TO DO ANY OF THESE THINGS:
(1) post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, racially or ethnically offensive, libelous,  indecent, pornographic, harassing, threatening, embarrassing, distressing, or otherwise inappropriate;

(2) upload invalid data, viruses, worms or other software agents through the WEBSITE.

(3) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website;

(4) impersonate any person or entity

6. Interactions With Other Users

6.1 No Confidentiality. Part of the service is to provide users with the tools to collaborate and communicate with other users (such as, not limited to, posting on forums, workshops, and feedback).  When publishing content on the website or communicating with other users, you acknowledge that all communications and any other user-generated content may be viewed by other members. You hereby understand that you will always use caution when giving out any personally identifying information about yourself. You also understand that you are solely responsible for your interactions with other Users. You also agree that we will not be responsible for any liabilities, damages, and losses resulted of such interaction.

6.2 No Obligation to Pre-Screen Content. Certain features of our service permit users to publish content. You understand that we are is not obligated to review or monitor, and/or to pre-screen Content (including, but not limited to, Your Content and other User Content). However, we reserve the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, and/or (3) otherwise creates liability for us. You also agree that you are

7. Links To Other Web Sites

Our Service may contain links to third party websites or services that are not owned or controlled by "US".

We have no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that "WE" shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Indemnification

You agree to defend, indemnify and hold harmless WIN ELEMENTS LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

10. Limitation Of Liability

In no event shall WIN ELEMENTS LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

WIN ELEMENTS LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

12. Arbitration Agreement

This Arbitration Agreement is part of your contract with WIN ELEMENTS LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

12.1. Any claims, disputes, and conflicts in connection with Agreement or the use of any product or service provided by WIN ELEMENTS LLC that cannot resolved informally will be resolved by binding arbitration.

12.2. IT IS UNDERSTOOD THAT BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR A TRIAL IN COURT. Both parties hereby waive their constitutional and statutory rights of Jury Trial. Instead, all claims and disputes will be resolved by arbitration under this Arbitration Agreement.

12.3. Notice Requirement. Before either party may initiate arbitration, the party must send a written notice of its intention to the other party. A Notice to WIN ELEMENTS LLC should be emailed to info@streamlineed.com and send to:

Attn: Arbitration

California Registered Agent Inc

1267 Willis Street STE 200

Redding, CA 96001

Tel: (530) 232-5985

http://www.californiaregisteredagents.net

agent@californiaregisteredagents.net

12.4. No Monetary award will be awarded for any claim. Please carefully read the disclaimer section (11).  

12.5. Time Limitation. If you or WIN ELEMENTS LLC initiated an arbitration, any arbitration action must be initiated and filed within any deadline.

12.6. Confidentiality. All aspects of the arbitration proceedings shall be confidential unless otherwise required by law.

13. E-COMMERCE/ ONLINE STORE TERMS (only on StreamlineED.net )

To protect students and teachers' privacy, "WE" dedicate specific websites to serve all educational purposes, and "WE" operate a separate server and website dedicates for any commercial purpose. Having a separated servers for different purposes is an important step in our commitment to protect students' privacy. 

13.1 - Subscription and Payment

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express a written permission by us.

1.       Payment: Credit card information is always encrypted during transfer over networks using PAYPAL or STRIPE.

2.       Pre-paid Subscription: Any subscription purchased for a Pre-paid Period will manually terminate at the end of Pre-Paid Period.

3.       Subscription Cancellation by You: If you have purchased a recurring Subscription, you may end your subscription at any time. When you choose to end your subscription, your subscription does not renew on the next auto-renewal date. You may continue to use the benefits of your subscription until that date, after which your account will be manually downgraded. 

4.       Cancellation by Us: We may cancel your subscription at any time for any reason, with or without prior notice.

5.       Refunds: Except where required by law, Subscription purchased is non-refundable. 

6.       Price Changes: WE may change the price of subscriptions from time to time. WE will communicate any price changes to you in advance. If you do not agree with price changes, you have the right unsubscribe prior to the price changes going into effect.

7.       Refund Policy for delivered electronic goods, including, but not limited to, Lessons, Quizzes, Videos, PDF, and other downloadable: Because you can't really return a digital and downloadable product, all sales of digital and downloadable products are considered final and nonrefundable. However, we do offer refunds in circumstances: (a) damaged file  (b) misrepresentation of actual product or (c) duplicate purchases

8.       Refund Policy for customized products: Because of the nature of customized items, unless arriving damaged or defective, we cannot accept returns for

9.       The condition of return: Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.

 

13.2  ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

13.3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

13.4 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

13.5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

13.6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website.

13.7 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13.8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13.9- PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

13.10- ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related websites, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13.11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13.12- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WIN ELEMENTS LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

13.13- INDEMNIFICATION

You agree to indemnify, defend and hold harmless WIN ELEMENTS LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

14. System Future Update.

Because we want to limit any possible disruption of our Service during a school calendar,  we hold the rights to update websites at any time at our discretion.

15. Opt-Out

If you are the user, or the parent and guardian of a user, using our "service", and cease to agree with Terms of Use  and Privacy Policy (“Privacy Notice”) at some point in the future, you may opt-out by contacting info@streamlineed.com.

16.  Modification of the Terms.

We reserve the right, at our sole discretion, to modify, to change, add, or remove portions of the Terms at any time. What constitutes a material change will be determined at our sole discretion. Please check the Terms and any Guidelines periodically for any changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We will make reasonable effort to provide notice to you of such amended Terms, such as by posting a notice on the Website or by email to the email address associated with your account.

17. FORCE MAJEURE

The user and the provider , WIN  ELEMENTS LLC,  shall not be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of this Agreement in the customary manner to the extent that such failure or delay is caused by any reason beyond its control, including any act of God, fire, explosions, hostilities, or war ,declared or undeclared, strike or work stoppage involving either Party’s employees, or governmental restrictions; provided, however, that the Party declaring force majeure shall give prompt written notice to the other Party of the commencement, nature, and termination of the force majeure condition. The Party whose performance has been interrupted by such circumstances shall use every reasonable means to resume full performance of this Agreement as promptly as possible.

18.  Intellectual Property Disclaimers

Streamlineed.com and its subdomains use open-source software and plugins,  and WIN ELEMENTS LLC do not any intellectual property of such open-source software and plugins.

19. Contact Us

If you have any questions about these Terms, please contact us at info@streamlineed.com

If you are unable to contact us, you may contact our Registered Agent:

California Registered Agent Inc

1267 Willis Street STE 200

Redding, CA 96001

Tel: (530) 232-5985

http://www.californiaregisteredagents.net

agent@californiaregisteredagents.net

 

 

 

 



Summary

Please read our Copyright Policy ("Copyrights", ) carefully before using the "Service" operated by Win Elements LLC ("us", "we", or "our").

Full policy

Copyright Policy

WIN ELEMENTS LLC provides StreamlineED ® Professional Development (the “Service”) that provides and trains teachers and school leaders  to use available technologies (including, but not limited to, third-party Open-Source Learning Management Software and Plugins hosting on streamlineed.com and all of its subdomains) to implement education-related strategies and resources to support students. StreamlineED ® Professional Development providing by WIN ELEMENTS LLC also provides an e-commerce website, streamlineed.net, hosting on separated servers.

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the "Service" operated by WIN ELEMENTS LLC ("us", "we", or "our").

StreamlineED ® Professional Development allows "Instructors" (including, but not limited to, teachers, administrators, Professional Development Specialists, and Coaches) to organize their course materials and make them available to their students our websites, including, but not limited, streamlineed.com and its subdomains. We respect the intellectual property rights of others, and we ask that our users would do the same. The guideline below is not legal advice and it is intended simply to help our users to follow best practice in their course design, in accordance to Fair Use Act and TEACH Act. It also describes our Copyright Policy and what we do to respect the intellectual property rights of others.

What is "fair use"?

“Fair use is an exception to the exclusive protection of copyright under American law. It permits certain limited uses without permission from the author or owner. Depending on the circumstances, copying may be considered "fair" for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research...Keep in mind that even in an educational setting, it is not fair use to copy for a "commercial motive" or to copy "systematically," that is, "where the aim is to substitute for subscription or purchase." No factor by itself will determine whether a particular use is "fair."

Source: http://www.loc.gov/teachers/usingprimarysources/copyright.html

What is the “TEACH Act”?

Signed by President George W. Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act amends the US Copyright Act, and under certain circumstances, allows faculty at accredited non-profit educational institutions to use portions of copyrighted works online without the consent of the copyright owner, if several conditions are met.  The work performed or displayed must be:

·         An integral part of the class session as determined by the instructor.

·         As part of systematic mediated instructional activities 

·         directly related and of material assistance to the teaching content. 

·         shall be made solely for students enrolled in the course, and technology that reasonably prevents retention in accessible form for longer than a class session, and technology that prevents unauthorized further dissemination in accessible form, and no interference with copyright owner’s technological measures that prevent such retention and dissemination. 

How does StreamlineED facilitate Teach Act?

We facilitate compliance by making it easy for instructors to use the password to protect the course materials. We also post a Copyright Notice on our websites to remind our users to respect intellectual property.

What you can do to not infringe on the intellectual property of others?

·         When possible, provide a link to copyrighted materials rather than uploading it directly on our website.  We allow users to easily link any image, video, sites, and other sources without having students leaving the current page.

·         Use only the amount of a work that is needed to achieve your teaching objectives.

·         Limited access to students who are currently enrolling in your course.

·         Use only lawfully acquired copies of materials (e.g. items you or the institution purchased).

·         Repeated use of materials from semester to semester weights against fair use, so in such case, it is best to obtain permission from the copyrighted sources/owner.

·         Provide attribution to both the creator and copyright holder.

Below are quoted directly from copryight.gov to give examples of what Work can be copyrighted and what are not copyrighted. 

"What Works Are Protected ?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories: 

1.        literary works 

2.        musical works, including any accompanying words

3.       dramatic works, including any accompanying music 

4.       pantomimes and choreographic works

5.       pictorial, graphic, and sculptural works 6 motion pictures and other audiovisual works

6.        sound recordings 

7.       architectural works

 

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural work

What Is Not Protected by Copyright? 

Several categories of material are generally not eligible for federal copyright protection. These include among others:    

1.       works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) 

2.       titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents 

3.       ideas, commonly known knowledge, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration 

4.        works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)”

Source: https://www.copyright.gov/circs/circ01.pdf
Exception: Trademarks are also protected intellectual properties. Trademark refers to a word , phrase, logo, or design used to identify a particular brand. For example, Post-It is a trademark.  

NOTICE OF INFRINGEMENT AND REMOVAL PROCESS

We respect the intellectual property of others, and we work hard to respond to any notice of alleged copyright or trademark infringement.

If you believe that your work has been used on StreamlineED in a way that infringed your copyright or trademark, please send us an email to info@streamlineed.com that includes ALL of the following information:

1.        Your Contact Information, including your Full Name, Telephone Number, Email Address, and Your Mailing Address.

2.       Identify the material that you claim to be infringed on your intellectual property.

3.       Describe where the material you’ve identified is located on StreamlineED (e.g. url of the page)

4.       Explain how the material you identified is infringing your intellectual property.

5.        A statement by you, under penalty of perjury, stating that the information you provided in your notice is accurate and that you are the intellectual property owner or authorized person who is acting on behalf of an owner.

6.       Your physical or electronic signature. 

As a reminder, under the “Section 512(f) Misrepresentations.

—Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

Source: https://www.law.cornell.edu/uscode/text/17/512

If you are unable to contact us, you may contact our Registered Agent:

California Registered Agent Inc

1267 Willis Street STE 200

Redding, CA 96001 

Tel: (530) 232-5985

http://www.californiaregisteredagents.net

agent@californiaregisteredagents.net 

What happens after you’ve emailed us your Notice of Infringement?

Make sure that you have included the information above so we can address your request timely. We will review your Notice of Infringement and act in good faith. We will forward your Notice of Infringement to the user who posted the content and we’ll remove the material from our site. The user who posted the content has the legal rights to submit a Counter-Notice if that person believes that the content was misidentified and/or removed by mistake. If we received a Counter-Notice, we would forward it to you. “If proper counter-notice is provided and if the copyright holder does not file suit within 10 business days, [we’ll] restore the removed material” (http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content).

Counter-Notification Process

If you have received a notice  of Copyright Infringement from us about one or more of  your content and you wish to dispute the claim, you can reply to the email and attach a Counter-Notice that include ALL the information below: 

1.       Your Contact Information, including your Full Name, Telephone Number, Email Address, and Your Mailing Address.

2.        Identify what material was removed.

3.       Describe where the material is located by providing an URL of the page. 

4.        Provide a statement, under penalty of perjury, that you have a good faith belief that the materials was removed due to be a mistake or misidentification.(e.g. "I swear, under penalty of perjury, that I 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." )

5.       A Statement stating that:  "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person." 6. 6.Your physical or electronic signature.

What happens after you’ve submitted your Counter-Notice?

We’ll look if your Counter-Notice includes all the above information, and we’ll forward your Counter-Notice to the person who sent the Notice of Infringement. That person has 10 business days to take further legal action to protect their work.  If that happens, we will respect both parties and remove your material from our site until we receive a further update.

Thank You for your Cooperation and Patience, and We hope that you will take part in making a difference in our students' learning by empowering our teachers.