Terms of Service
Smarter Tools for Teachers
PLEASE READ CAREFULLY THE TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS MADE BY US (COLLECTIVELY, THE "TERMS"). IF YOU ARE REGISTERING FOR THE SITE ON BEHALF OF A SMARTER BALANCED MEMBER OR OTHER ENTITY THAT HAS AN ACTIVE AGREEMENT WITH UCSC TO PROVIDE ACCESS TO THE DIGITAL LIBRARY (AN “ENTITY”), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE ENTITY, AND ACKNOWLEDGE AND AGREE THAT YOU ARE BINDING THE ENTITY TO THESE TERMS.
Please note that, if user or Entity has executed a separate Memorandum of Understanding (“MOU”) with The Regents relating to Smarter Balanced, in the event of any conflict between the terms of such MOU and these Terms, the terms of such MOU shall control.
This Site constitutes a UCSC Electronic Information Resource, as defined in the Policy for Acceptable Use of UCSC Electronic Information Resources.
- ELIGIBILITY. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS WE HAVE PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. By clicking the "I Agree" button or by otherwise using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site.
- MODIFICATION OF THESE TERMS. We reserve the right to change, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. Whenever the Terms change, the Site will prompt you on subsequent login to agree to the new version prior to allowing continued use of the Site.
- CONTENT DOWNLOADS. We and our licensors may make content available to you for download from the All content that you download shall be subject to the terms and conditions included at the time of download and thereafter.
- CONTRIBUTIONS LICENSE GRANT; REPRESENTATIONS AND WARRANTIES.
- Contributions Generally. We permit resource posting, by educators and other users, of notes, written works, images and videos or other communications, including, but not limited to, files, documents, and applications (collectively, "Contributions") and the hosting, sharing, and/or publishing of such Contributions. Authors understand that whether or not such Contributions are published, we do not guarantee any confidentiality with respect to the Contributions.
- License Grant to Us. By submitting Contributions through the Site, authors hereby grant to us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, sublicense, distribute and re-distribute, create derivative works of and otherwise exploit your Contributions, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), in order for us to provide the services offered on the Site, and for any other purpose, including commercial purposes. In addition, authors acknowledge and agree that we may make edits to contributions.
- Contributions Representations and Warranties. Authors are solely responsible for Contributions and the consequences of posting or publishing them. By uploading and publishing Contributions, authors affirm, represent, and warrant that: (1) they are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and our other Users to use and distribute the Contributions as necessary to exercise the licenses granted in this Section and in the manner contemplated by Smarter Balanced and these Terms; (2) Contributions do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) Contributions do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THIS PROVISION MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. WE RESERVE ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THIS PROVISION.
- INTELLECTUAL PROPERTY. (a) UCSC®, University of California Santa Cruz®, Smarter Balanced, and all related trademarks, logos and icons are the property of The Regents. They may not be used without specific written permission as outlined in UCSC policy on identity management https://www.ucsc.edu/identity/. (b) We comply with the provisions of the Digital Millennium Copyright Act. If you have a concern about the use of copyrighted material on the Site, please contact us at https://its.ucsc.edu/terms/. We may terminate without notice your access to the Site if we determine you violated the acceptable use policies referenced in these Terms.
- CONTENT. We encourage use of the Site as a way to share information and knowledge in support of our three-part mission of education, research, and public service. The Site is owned by The Regents and operated by UCSC. Site content is subject to change without notice. Certain Site services and information may be restricted to specific users. The Site contains content generated by groups or individuals whose expressed views do not necessarily represent our views. We do not actively monitor or control web content. However, when we receive a notification of an alleged violation of law or policy, we investigate and address violations accordingly. Contact the Designated Official on our confidential hotline at 800.403.4744 or visit our website at https://whistleblower.ucsc.edu/ (and see Digital Millennium Copyright Act notice above).
- PROHIBITED CONDUCT. BY USING THE SITE YOU AGREE NOT TO:
- use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Site as such services are offered by Smarter Balanced;
- use the Site or Contributions for any commercial use, it being understood that such use requires a separate agreement with Smarter Balanced. Otherwise, it is understood that the Site is for personal, non-commercial use With respect to the Site and Contributions, "non- commercial" use means any use of Contributions or the Site that is not intended to generate, directly or indirectly, pecuniary gain or commercial advantage. Without limiting the definition of "non-commercial" herein, the following are types of uses that Smarter Balanced expressly defines as falling outside of the definition of "non-commercial:”
- the sale of access to the Site of any Contribution, including without limitation the sale of access to Contributions embedded, "framed," or Deep Linked on or from third party websites, products and services unless such links serve to increase access for educators covered under an agreement with UCSC for access to the Digital Library;
- the sale of access to educational materials or curricula that include or incorporate any Contribution;
- the sale of access to products or services that contain links to the Site or any Contribution;
- the provision of training, support, or editorial services that use or reference the Contributions or any other Smarter Balanced resources or services in exchange for a fee; and
- the offering of units of study that include Contributions or any portion of the Site in exchange for a fee (including, but not limited to, courses offered online to students in any grade).
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 11, below);
- post, upload, or distribute any Contributions or other content that is unlawful or that violates UCSC policy, such as the Policy for Acceptable Use of UCSC Electronic Information Resources (see, g., Section II(A)(4), which prohibits use of UCSC Electronic Information Resources to harass others in a manner that interferes with their rights or in a manner that creates a hostile working or learning environment in violation of University policy, including sexual or other forms of harassment);
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
- delete the copyright notice or other proprietary rights notices or marks on the Site or Contributions;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Site for any illegal purpose, or in violation of any UCSC policy or any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or Contributions, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or Contributions;
- modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means.
- ACCOUNT; MEMBERSHIP FEES.
- Account Security. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Smarter Balanced on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree immediately to implement applicable policies in the Entity that granted access to the site as well as notify Smarter Balanced. You may be liable for the losses incurred by Smarter Balanced or others due to any unauthorized use of the Site.
- TERMINATION; TERMS OF SERVICE VIOLATIONS.
- Us. You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with us or your use of the Site and remove and discard all or any part of your account, User profile, and any Contribution, at any time. We may also in our sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. As discussed herein, we do not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all Contributions or other content submitted by any Users who we believe have violated these Terms.
- You. Your sole remedy with respect to any dissatisfaction with (i) the Site, (ii) these Terms, (iii) any of our policies or practices in operating the Site, or (iv) any content transmitted through the Site, is to terminate these Terms and your account. You may request that your Smarter Balanced member or other participating institution terminate these Terms at any time by deleting your account and discontinuing use of any and all parts of the Site.
- OWNERSHIP; PROPRIETARY RIGHTS. The Site is owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by us (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Contributions that are provided and owned by our licensors, all Materials are our exclusive property. All trademarks, service marks, and trade names are proprietary to us or our affiliates and/or third-party licensors. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in these Terms. In addition, users must comply with California Education Code section 92000 (regarding use of the University of California name).
- INDEMNIFICATION. You agree to indemnify and hold us, harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- DISCLAIMER; NO WARRANTIES.
- No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
- "As Is" and "As Available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTRIBUTIONS, REFERENCED SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- Content. WE DO NOT WARRANT THAT THE DATA, CONTRIBUTIONS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE ACCURATE, FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- LIMITATION OF LIABILITY AND DAMAGES.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Damages. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS.
- Notice. We may provide you with notices, including those regarding changes to these Terms, by posting such changes on the Site.
- Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
- Governing Law and Venue.
- Governing Law. These Terms will be governed by and construed in accordance with California law, without giving effect to any principles of conflicts of law.
- Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state court in and for Alameda County. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
- Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
- Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to sections 5 through 14.
- Entire Agreement. These Terms constitute the entire agreement between you and us relating to the subject matter herein and will not be modified except as set forth in Section 3 above.
- Claims. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.