The Nuts and Bolts of KinderTEK
All the legal speak in one place.
Privacy Policy
Effective date: December 28, 2020
We in the Center on Teaching and Learning (“CTL”) at the University of Oregon ("UO," "we," "us," "our”) know that it is critical that in our role as a public institution of higher education that we use the personal information provided to us by families, schools and school districts with care, and we take the privacy of student information and other information seriously. By accessing data from or using KinderTEK mobile applications available via the
Apple App Store (including, without limitation, KinderTEK Pro Connected, KinderTEK Offline, and KinderTEK Lite Offline; collectively, the “System” or individually the “Application”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you should review this Privacy Policy on a regular basis as it may change from time to time.
Remember that your use of KinderTEK applications is at all times subject to the KinderTEK User License Agreement and/or KinderTEK Terms of Use, both of which are supplemented
by this Privacy Policy. Any terms we use here without defining them have the definitions given to them in those documents. Please read on to learn more about how we collect and
use your information; if you have any questions or concerns regarding our privacy practices, please send us a detailed message to kindertek@uoregon.edu, write us at ATTN:IPS, 1238 University of Oregon, Eugene, OR 97403, or call us at +1(541) 346-3176.
WHAT DOES THIS PRIVACY POLICY COVER?
This Privacy Policy explains how UO collects and uses information from its System users, including our treatment of personally identifiable information. This policy does not apply to websites or practices of companies that UO does not own or control, or to individuals that UO does not employ or manage.
HOW IS STUDENT’S PERSONAL INFORMATION TREATED?
If you are not of legal age to form a binding contract (in many jurisdictions, this age is 18), you may only use the System and disclose information to us with your teacher’s, parent’s or
guardian’s express consent. Review this Privacy Policy with your parent or guardian and make sure you understand it, and do the same with the privacy policies of all websites you visit or mobile applications you use. We only collect student information through the system where that student’s parent and/or teacher has agreed (via the terms described in more detail in the KinderTEK User License Agreement and Terms of Use) that they have obtained any consent necessary under federal or state laws, or school district policy, to enable the school, school district, or teacher to enter Data into the System and to permit the use of Data in accordance with the terms and conditions of the License Agreement. If you
are a student, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained consent under federal or state laws, and please do not send any personal information other than what we request from you in connection with the System. If we learn we have collected personal information from a student without the necessary consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student may have provided us student information in violation of this paragraph, please contact us at +1(541) 346-3176. When we use the term "Personal Information" in this Privacy Policy, we are referring to personally identifiable information of individual, non-student registrants of the System. References to "Student Information"
only apply to personally identifiable information of students whose information is entered into the System by a school, school district, or teacher who registered for the System and manages the related account(s). General references to "information" apply to all users.
WHAT INFORMATION DOES UO DISPLAY OR COLLECT?
1. Information You Provide to Us
We receive and store any information you knowingly enter on the System, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This information may include, without limitation, Personal Information such as your name, user name, email address, phone number, school affiliation and location, billing and payment information, and any other information necessary for us to provide our System. It also includes Student Information entered into the System by your authorized users. UO does not collect Personal Information about you unless it is voluntarily provided.
2. Information Collected Automatically
We receive and store certain types of usage information whenever you interact with the system; this information is not Personal Information or Student Information. For example, /≥÷UO automatically receives and records information on our server logs from your browser including your IP address, UO cookie information, and the page you requested. We also record the details of your activity on the System, and the number and frequency of visitors to our site and its components. When you download an Application, we automatically collect information on the type of device, name and version of the operating system, name and version of the application, whether the currently logged in user is a teacher, student, or other user type, the numerical mobile device user ID, as well as actions performed by the user in accessing the System (“Mobile Usage Information,” which is considered part of -“usage information” as described above). We do not use geographic-location-based information from your mobile device (i.e., any information regarding where your mobile
device is located on the globe at a particular time). For clarity, this does not prevent us from asking you what school you are affiliated with. We also use mobile analytics software to allow us to better understand the functionality of each Application and the System on your device. This software may record information such as how often you use an Application, the events that occur within the Application, aggregated usage information, performance data, and where the application was downloaded from; this information is considered Mobile Usage Information. Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our systems to recognize your computer or device and tell us how and when pages in our site are visited and by how many people. UO cookies do not collect Personal Information or
KinderTEK Privacy Policy – Last updated December 13, 2020
Student Information, and we do not combine the general information collected through cookies with other Personal Information or Student Information to tell us who you are or
what your user name or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on
acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you may not be able to log in or use many of the
Applications’ most attractive features without cookies enabled. The Applications may also contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the
Applications are used. What does UO use my information for?
1. Generally
When you use the System, you may set up your account profile, send messages, perform searches and queries, and transmit information through various channels, depending on the category of user ("User Category") you are registered as, and as permitted by the functionality of the System. The information we gather from users enables us to personalize and improve our System, and allows users to set up a user account and profile through the System.
2. Personal Information
The Personal Information you provide is used for such purposes as responding to your requests for certain information, customizing your experience, and communicating with you about the Applications.
3. Student Information
We use the Student Information to provide and maintain the System in a manner that does not disclose personally identifiable information. Under the KinderTEK User License Agreement, you have also granted UO permission to use Student Information for research activities conducted by UO and its designees. UO will not share, sell, or otherwise distribute Student Information to a third party, except as required by law. Additionally, the KinderTEK System data storage procedures are designed to meet or exceed industry standards for privacy and confidentiality. Federal and UO regulations related to the protection of privacy apply to all information collected as part of the KinderTEK System.
Only family, district and school determined and assigned personnel, and Project and System operators at UO will have access to identifiable records and only for the students whose KinderTEK usage they oversee. All other information will be maintained, reported, and analyzed anonymously. The names of parents, students, teachers, and the name or location of the school, district or state will not be available or reported to anyone outside
those users within the Family, District, School, or Project and the System operators. The collection, storage, and reporting procedures of the System/Application has been reviewed
and approved following the University of Oregon Internal Review Board (IRB) procedures specified by the U.S. Department of Education.
KinderTEK Privacy Policy – Last updated December 13, 2020
4. Your email address
If you provide us your email address, we may send you email communications. To opt out of receiving emails from us, please contact us at kindertek@uoregon.edu. Please note that if you do not want to receive legal notices from us via email, such as this Privacy Policy, those legal notices will still govern your use of the System, and you are responsible for visiting this Privacy Policy from time to time to review any changes.
5. Usage Information
UO uses this type of aggregate data to enable us to figure out how often users use parts of the System, so that we can make the System appealing and relevant to as many users as possible, and customize and improve the System.
6. Mobile Usage Information
This information is used to determine the device capabilities and usage trends which allows us to better understand which devices we should support and what features are most frequently used.
7. Push Notifications
If you use an Application, we may send push notifications to your mobile device in order to make you aware of certain activities that may occur within your account, such as when an update or new features are available. You may opt out of receiving these types of
communications by turning them off at the device level. Will UO share any of the Personal Information or Student Information it
receives?
Personal Information and Student Information about our users is an integral part of our activities. We neither rent nor sell your Personal Information or Student Information; we may share your Personal Information and Student Information in personally identifiable form only as described below. Again, please note that references to "Personal Information" only apply to personal information of individuals who are not students.
1. Communication About the System or in Response to User Requests
As part of the System, you may receive from UO (depending on your User Category) email or other types of communication relating to your use of the System or your user profile. You acknowledge and agree that by posting information on the System or otherwise using the System, UO may send you email, contact you or engage in other communication that tthey determine relate to your profile or use of the System. If you disclose your email
address to UO, depending on your User Category, we may use it to send updates, a newsletter or other news regarding the System, or to simply send Notifications.
2. Business Transfers
If UO, or some or all of its assets were acquired or otherwise transferred, or in the unlikely event that UO goes out of business or enters bankruptcy, user information may be transferred to or acquired by a third party.
3. Protection of UO and Others
We may release Personal Information or Student Information solely when we believe in good faith that release is necessary to comply with the law (such as to comply with a subpoena); enforce or apply our KinderTEK User License Agreement and other
agreements; or protect the rights, property, or safety of UO, our employees, our users, or others. We will try to give you notice if we release information for these reasons, but please understand that we reserve the right not to, as it may not be practical, legal, or safe to do so.
Is information about me secure?
Your UO account Personal Information and Student Information is protected by a password for your privacy and security. We also use coding practices that take steps to prevent attack on our System by malicious actors by processing all actions through several permission verifications checks. Due to the complexity and open nature of the Internet, there is always a risk that information collected by and/or displayed on the System may be compromised
or accessed notwithstanding the implementation of reasonably data security measures by UO. You may help protect against unauthorized access to your account and Personal Information or Student Information by selecting and protecting your password
appropriately and limiting access to your computer, browser and the System by signing off after you have finished accessing your account. UO endeavors to keep your information private; however, we cannot guarantee security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. For additional information about the security measures we use in connection with the System, please contact us at kindertek@uoregon.edu. The System may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites (but you should read all third parties’ privacy policies to ensure you understand them). This Privacy
Policy only governs information collected by UO on the System.
What information can I access?
We allow you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list may change as the system changes. You may currently access the following information: information in your
user profile (first and last name, email, phone number, password, mailing list preferences, system functionality preferences) content in your account You are responsible for updating or removing the Student Information you provide to the System. Please contact us at kindertek@uoregon.edu for help with directions. Under California Civil Code Sections
1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to kindertek@uoregon.edu.
What other choices do I have?
You can always opt not to disclose information, even though it may be needed to take advantage of certain of our features. You are able to update or delete certain information, as described in the "What information can I access?" section above. You may request
deletion of your UO account by contacting UO at KinderTEK@uoregon.edu. Please note that some unrevised information may remain in our records after revision of such information or deletion of your account, or in cached and archived pages. Some information may remain viewable elsewhere to the extent that it was copied or stored by other users. We may use
any aggregated data derived from or incorporating your Personal Information after you delete your information, but not in a manner that would identify you personally. We will retain your Personal Information or Student Information as provided for under the KinderTEK User License Agreement; we also may retain and use your information as we deem it necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
Will UO ever change this Privacy Policy?
We may make changes to this Privacy Policy from time to time for any reason. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information or Student
Information, we will present the terms/conditions before the system can continue to be used, notify you via email and/or post an announcement on the system with two (2) weeks prior notice before the change becomes effective. Users are bound by any changes to the Privacy Policy when he or she uses the System upon the conclusion of such two (2) week notice period. This notice period only applies to changes to the Privacy Policy; you
understand that it may not be possible in certain situations to provide advance notice of other changes to the KinderTEK User License Agreement (for example, where a change is necessary to comply with legal requirements).
What if I’m in a different country?
When you use the System, you are consenting to have your data transferred to and processed in the United States. All of UO’s servers are currently in the United States, and we aren’t able to process your information within the borders of any other country. Given this limitation, if your use of the System or disclosure of certain information to UO would violate any law that is applicable to you, your right to use the System and/or disclose such
information is revoked, as it is wherever use of the System is prohibited by law (as described in the KinderTEK User License Agreement).
Do third parties collect information?
UO may use a third-party service to collect anonymous visitor data on our System. If UO uses a third-party service to collect such information from the System, the third party service will not collect any Personal Information from users. The following third party
collects information from you on our System: Google Analytics, Apple. Note that we are not responsible for third-party policies or practices. Please contact the applicable third party regarding its privacy and data security policies and practices.
User Agreement
Updated Oct 19, 2020
KinderTEK® Application End User License Agreement
This KinderTEK® Application End User License Agreement (“Agreement”) is solely between You and the University of Oregon and its affiliates (“UO”) and not with Apple. This Agreement governs your use of the KinderTEK Application and any and
all related documentation, and updates and upgrades that replaces or supplements the software in any respect and which are not distributed with a separate license (collectively the “Application”). By accepting the Agreement and/or using the Application, you agree to be bound by the Agreement.
BY INSTALLING OR USING THE APPLICATION YOU AGREE TO THE TERMS OF: 1)THIS AGREEMENT; AND 2) KinderTEK® DATA SERVICES TERMS OF USE (if applicable) AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this Agreement and /or the data services Terms of Use if you intend to use UO’s data services, then do not install or use the application.
1. Incorporation.
1.1 This Agreement incorporates by reference the Licensed Application End User License Agreement (The “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, UO is considered the “Application Provider” as defined in the LAEULA.
The terms of this Agreement may not conflict with the terms of the LAEULA, and in the event of an unintended conflict, the terms of the LAEULA shall control.
1.2 This Agreement incorporates by reference KinderTEK’s Privacy Policy published by CTL at https://dibels.uoregon.edu/help/privacy and if you use data services, the KinderTEK data services terms of use. This Agreement will supplement the KinderTEK data services terms of use if you use KinderTEK data services.
2. Grant.
2.1 Commencing on the Effective Date, and provided you conform to the terms and conditions of this Agreement, UO hereby grants and You accept a limited, nontransferable, non-exclusive license to use the Application solely on Apple devices you own or control with no greater rights than the Usage Rules set forth in the Apple
Store Terms of Service.
2.2 You shall not distribute, publish, sell, import or otherwise transfer or allow to be transferred the Application or copies thereof, in whole or in part, to third parties without the prior written permission of UO.
2.3 The Application and its contents are intended solely for the personal, noncommercial, educational use and may only be used in accordance with the terms of this Agreement whether used alone or with KinderTEK data services. You shall Updated Oct 19, 2020
abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed or submitted through use of the Application.
2.4 In the course of using the Application, You and other users may provide information, which may be used by UO in connection with the Application or KinderTEK® data services.
3. Your Obligations
3.1 If you are accepting this Agreement on behalf of a minor, you represent and warrant that you have the authority to enter into this Agreement on behalf of that minor. You also certify that you are legally permitted to use and access the Application and KinderTEK data services. The Agreement is void where prohibited
by law.
3.2 Student profiles should not be shared by multiple users. Students' mastery and progress is reliable and valid only when students work independently and this Agreement restricts your use to one user per student account.
3.3 It is your responsibility to keep the device(s) you installed KinderTEK on secure and safe so that your data is secure.
3.4 Students and teachers or guardians may productively use KinderTEK on multiple devices ONLY through the KinderTEK Pro Connected app with KinderTEK data services activated and regularly communicating with devices.
3.5 If your device crashes or is stolen or if KinderTEK is deleted, all KinderTEK data will be lost irrecoverably unless you have a recent and complete backup. It is your
sole responsibility to back up KinderTEK data manually or by using KinderTEK data services as necessary for your use.
4. Access
4.1 The Application is available for download in the Apple App Store. The Application may be used with or without hosting (e.g., online data storage, management and access) as further explained below.
4.2 “Offline” versions of the Application are used without data services (i.e., data is only retained on the device). “Connected” versions of the application require data services (i.e., “hosted,” online data storage, management and access) licensed from
UO by You or your Organization (e.g., school, district or other qualified entity).
4.2.1 From the device and Application, You may only access basic student management and reporting features. Advanced and group-level features are accessible through Your KinderTEK data services account. Updated Oct 19, 2020 Page 3 of 5
4.2.2 You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging, and/or other wireless access. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM A MOBILE DEVICE.
4.3 In the event You experience difficulties accessing or using the Application with your iOS Computer Device or wish to make any complaints or claims contact:
University of Oregon, Center on Teaching and Learning by phone at (541) 346-8978 or by email at KinderTEK@uoregon.edu.
4.4 To the extent the UO has agreed to provide any maintenance or support under this Agreement, the UO is responsible for that maintenance or support, and You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
5. Personal Information.
5.1 Use of the application’s hosted services requires you to send your user name, password, and email address (collectively “Your Information”) connected with your account to the Apple Computing Device used to access the Application.
5.2 UO makes no warranty that a third party cannot decrypt Your Information should a third party come into possession of your Device.
6. Term.
6.1 Provided that the Agreement is not otherwise terminated as provided below, and that You agree to UO’s amendments and changes to this Agreement from time to time, this Agreement shall be in effect for as long as UO provides access to KinderTEK® using the Application.
7. Termination
7.1 You may terminate this Agreement at any time by deleting your device’s (devices’) KinderTEK application and, if applicable, contacting UO at KinderTEK@uoregon.edu to delete your data services account.
7.2 UO may immediately terminate this Agreement or any and all of Your accounts at its discretion, upon written notice (email) if You are in breach of this Agreement. UO’s right to terminate under this clause is in addition to any and all other legal
remedies which UO may have for the enforcement of any and all terms thereof, and do not in any way limit any other legal remedy UO may have.
7.3 Termination of this Agreement will terminate all rights and licenses granted to you relating to the Application.
Updated Oct 19, 2020
8. Disclaimer of Warranties.
8.1. YOU EXPRESSLY AGREE THAT APPLICATION IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
8.2. IN NO EVENT SHALL UO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR PROFITS, DATA, OR USE OF KINDERTEK OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF, OR
INABILITY TO USE KINDERTEK®, EVEN IF ORGANIZATION WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON.
8.3 The UO is solely responsible for any product warranties, whether express or implied, the UO has not disclaimed. In the event of any failure of the Application to conform to any applicable warranty not disclaimed above, You may notify Apple, and Apple will refund the purchase price for the Application to You; and, to the
maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are not Apple's responsibility.
9. Indemnification
9.1 To the extent allowed by controlling law, You shall indemnify and hold harmless UO and its officers, faculty, employees, students and agents, against any and all third party claims, suits, losses, damages, costs, fees and expenses resulting from Your use
of the Application (“University Claims”), including but not limited to any damages, losses or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
9.2 UO and you acknowledge and agree that Apple and its subsidiaries are third
party beneficiaries of this Agreement and that upon your acceptance of the terms
and conditions of this Agreement, Apple has the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party
beneficiary thereof.
9.3 You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government lost of prohibited or restricted parties.
Updated Oct 19, 2020
9.4 In the event of any third party claims that your possession and use of the Application infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You and UO will assess such third party claims under Section 9.1 of this Agreement and UO will be responsible to the extent necessary under the LAEULA.
KinderTEK Pro Connected Terms of Use
Updated Sept 16, 2020
These Terms of Use (“Terms of Use”) apply to the University of Oregon’s (“UO”) KinderTEK web-based reporting and student management system for the KinderTEK website and all associated sites linked http://kindertek.com/ by the University of Oregon (collectively, the “Site”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.
1. Limited License. Subject to your compliance with these Terms of Use and your payment of applicable fees, the UO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to have access and use the Site. Each license grant is limited to be used for one classroom and for up to thirty-five (35) students. At your option, and subject to these terms and conditions, parents of your students will be able to solely view their student’s data, change settings in the
app, and write a note to their child’s teacher. This license does not include any resale or commercial use of any UO works, services, or their contents; any collection and use of any works or course listings, descriptions, or prices; any derivative use of any UO content; any downloading or copying of account information for the benefit of a merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site will be delivered as a web-based platform. It is your responsibility to establish and maintain Internet connections for access to the Site and to provide and install any internet web browsers or software necessary to access the Site.
2. Ownership of Content. The UO owns, controls or has a license to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site, and the UO’s interest in the Content is protected by applicable law.
3. Use of Content, Services, & Marks. UO or its licensors, suppliers, publishers, rights holders, or other content providers reserve and retain all rights not expressly granted to you in these Terms of Use. Except as these Terms of Use expressly provide, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication
or distribution or for any commercial enterprise, any part of the Site and its Content without the UO’s express prior written consent. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose any UO service, nor any part of any UO service, without the UO’s express written consent. You may not frame or utilize framing techniques to enclose any UO trademark, logo, or other proprietary information (including images, text, page
layout, or form) without the UO’s express written consent. You may not use any meta tags orany other "hidden text" utilizing UO's name or trademarks without the express written consent of the UO. You may not misuse UO's Content or services.
4. UO’s Rights.
a. Retained Rights. UO and any of its third party technology or service providers ("Providers") reserve and retain all rights of every kind and nature except those
specifically granted to you in these Terms & Conditions, including but not limited to the right to grant any rights to the Site to other persons or entities upon such terms and conditions as UO or its Providers shall accept. Once students are added to the Site’s system, the teacher or parent can contact UO to opt
them out of use of their data under (c) below. The UO reserves the right to do any of the following, at any time, without notice: (1) to modify or change the Site, or any portion of the Site; and (2) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
b. Primary Uses of Data. You hereby grant to UO and its designees a perpetual, irrevocable, world-wide, royalty-free license to use data inputted, collected and/or
produced by the Site (“Data”) for UO or its designee's use in providing the Site and the KinderTEK apps. UO will not publicly disclose or publish any personally identifiable information collected from the Data.
c. Secondary Uses of Data. You also hereby grant permission to UO and its designees to use Data for secondary uses. These secondary uses are restricted to activities designed to improve the Site or UO’s resources and services, or research activities (“Projects”) conducted by UO and its designees. UO designees are approved by UO's Center on Teaching and Learning and must provide an Institutional Review Board (IRB) approval
for specific research. Data for these secondary uses will be available only to UO and its designees, and no further distribution of Data will be permitted, except as required by law. All individually-identifiable information will be kept private to the extent permitted by law, and will not be included within UO’s designees’ valid secondary uses of Data. No individual will be identifiable in any report or publication resulting from these secondary uses. UO will destroy all personally identifiable information, if any remains in Data, after the end of a given Project ends, in compliance with State of Oregon regulations on research records retention.
d. Access for Third Party Researchers.
You may grant permission to your education evaluators, applicable governmental bodies, or third party researchers to access
personally identifiable information contained in any Data that you enter into the Site. UO will provide such access to those third parties after receipt of written request from you for such access.
5. Your Rights.
UO hereby grants to You the non-exclusive, non-transferable, right to do the following for noncommercial education and research purposes only:
a. access the Site;
b. transfer Data to the Site;
c. sync KinderTEK mobile applications to the Site;
d. enter data into the Site; and
e. generate reports using the Site.
You shall not use the Site for any other purpose and You must contact UO to request permission to use the Site in any other manner.
If You purchase school/district level access to the Site and so long as such school/district level access is maintained, Data is available for up to one (1) year after end of a class and data can be transferred to another class within the school/district. If You purchased an individual/teacher level access, Data is not available to teachers after termination of Your license to use the Site. If Your access to the Site lapses, Data may still be available, however, UO does not guarantee access to Data if Your access lapses. A teacher may export their Data prior to termination of Your license to use the Site.
6. Your Obligations.
a. Fees. You are responsible for paying any fees associated with getting access to the Site. You may designate an entity other than You (such as a school, school district, state department of education or a research project) to pay the fees on your behalf ("Third
Party Payor"). Fee payments shall be due and payable, and you or the Third Party Payor shall pay UO the full amount at the time of purchase. Any payments provided by you or by the Third Party Payor to UO shall be irrevocable by you and shall be made in U.S. dollars. Regardless of whether your fees are to be paid by you or by a Third Party Payor, you are solely responsible for ensuring that such payments are made to UO.
b. Protection of Rights. You acknowledge and agree that UO and its Providers will retain their respective rights in the Site, and that you shall take all reasonable precautions to preserve the same. You shall not alter, change, or remove from the Site any identification marks, including copyright or trademark notices. Nothing in this Agreement shall be construed as permitting you to exercise any right under copyright or trademark law, except as specified in these Terms of Use.
c. Consent You Obtain for Use of Data. You shall obtain any consent necessary under federal or state laws, or other applicable law, to enable you to enter or collect Data through the Site and to permit the use of Data in accordance with these Terms of Use.
d. Data Collection and Entry. You shall be responsible for inputting Data not collected by the Site or transferred by the App, maintaining appropriate restrictions for accessing Data, generating and interpreting reports of Data, and developing, implementing, and evaluating developmental, educational, or other interventions on the basis of the Data. You assume all liability for decisions made using Data entered into or reported from the Site. The App’s gameplay and the Data generated from the App and in the Site are not intended for, and may not be used for, grading purposes.
e. Billing and Contact Information. You shall be responsible for providing your billing and administrative information to UO and keeping it up to date, to include keeping your contact information accurate and updated.
f. Financial Administration. You shall handle all financial administration required on
Your end, such as providing payment information if purchasing individual access and requesting authorization from your appropriate administrators if purchasing
school/district access.
7. Prohibited Uses. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not
purposely made available through the Site.
8. Unauthorized Access. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any UO server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
9. Additional Terms and Conditions. Additional terms and conditions may apply to purchases or licenses of services or content and to specific portions or features of the Site, including but not limited to the terms of use for KinderTEK Pro (“the App”). You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use
and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
10. Term and Termination.
a. Term. These Terms of Use will be applicable to your use of the Site until terminated in accordance with this Section. The Term of this Agreement is from July 1 through July 31 of the following year (13 months) regardless of when you first use or access the Site.
b. Termination. UO may terminate your access and use of the Site immediately due to your breach of these Terms of Use, including non-payment of any fee whether by you or by a Third Party Payor. UO or you may also terminate your access and use of the Site for UO’s convenience. You may terminate use of the Site at any time.
c. No Use after Termination. Upon termination of your access to the Site, you shall cease using any portion of the Site.
d. Your Obligations after Termination. Termination of your access and/or use of the Site shall not extinguish any of your obligations under these Terms of Use which may continue after the date of termination of your access and/or use of the Site.
11. Changes to Services and Content. The UO may make updates to any services or content offered on the Site at any time, without notice. The materials on the Site with respect to services or Content may be out of date, and the UO makes no commitment to update the materials on the Site with respect to such services and Content.
12. Compliance with Terms of Use, Applicable Law and Termination. You may use this Site and its services and Content only as permitted by law. The licenses granted by UO terminate if you do not comply with these Terms of Use or any terms of use in the licenses provided for specific works offered on the Site.
13. DISCLAIMER. THE UO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ONTHE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE UO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE UO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE UO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY UO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
14. Limitation of Liability. In no event will the UO be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the UO has been advised of the possibility of such damages.
15. Indemnification. To the fullest extent permitted by the laws of the jurisdiction in which your entity is located, you agree to protect, indemnify, defend, and save UO, its officers, directors employees, and students, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the UO by any third party due to or arising out of or in connection with your use of the Site.
16. Governing Law. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Oregon without regard to its conflict of laws provisions.
17. Severability. If a court of competent jurisdiction determines any term or provision of theseTerms of Use is invalid or unenforceable to any extent, it will not affect the remainder of theTerms of Use, and each term and provision of these Terms of Use will remain valid and enforceable to the fullest extent law allows.
18. Integration. These Terms of Use constitute the whole agreement between you and the UO in
regard to your use of the Site.
19. Force Majeure. UO’s failure to perform any portion of these Terms of Use as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, pandemics, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use.
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