By accessing, browsing, and using the SAFEASSIGN™ services, you and your end-users accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you and your end-users may not access or use the SAFEASSIGN™ services.
1. Blackboard Services
You and your end-users may only use the SAFEASSIGN™ services ("Services") for plagiarism prevention and detection to check papers submitted by you or your authorized end-users. You must be a licensee of a valid Enterprise Edition of a Blackboard Learning System™ (currently, Blackboard Enterprise Edition, Blackboard CE4/CE6 and Vista) with the appropriate Building Block or Powerlink installed, and may only use the Services in the ordinary course of your end-users' studies in your educational programs. Your eligibility to utilize the Services is dependent on your continued compliance under all agreements which you have entered into with Blackboard or any of Blackboard's affiliates, including the timely payment of all fees due under such agreements. In the event of your failure to comply with any such agreements, Blackboard reserves the right to terminate the Services without prior notice. You and your end-users may not re-distribute, re-sell, market, syndicate or otherwise make the Services available to other persons except as explicitly described herein. Blackboard reserves the right to modify or discontinue the Services at any time and to establish limits on storage, processing time and other components of the Services. Blackboard from time to time may offer additional or optional services in connection with the Services to you or your end-users. In the event that your use of the Services is excessive as compared to similar licensees of Blackboard, Blackboard reserves the right to limit or modify the Services provided to you.
By using the Services, you represent that you have the requisite authority to submit your end-users' papers to the Services. You and your end-users agree that papers submitted by your end-users shall be retained by Blackboard solely for the purpose of checking against other papers submitted by your end-users. Blackboard retains no ownership in the papers. Upon the termination of the Services for you, Blackboard may remove your end-users' papers from the Services and shall not be required to provide a copy of such papers to you prior to removal. To the extent that any of your end-users have consented to Blackboard for Blackboard to retain such end user's papers, the preceding removal requirement shall not apply.
You and your end-users acknowledge and agree that the Services are provided "AS IS" and that Blackboard assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any end-user's paper. You understand that the Services are not intended to be customizable and Blackboard is generally unable to accommodate special requests.
In order to use the Services, you and/or your end-users must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you and/or your end-users must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You and your end-users understand and agree that the Services may include advertisements and these advertisements are necessary for Blackboard to provide its Services. You and your end-users also understand and agree that the Services may include certain communications from Blackboard, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
3. Registration Obligations
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blackboard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blackboard has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
4. User Content
You and your end-users agree that any of your end-users' papers that are submitted ("User Content") as part of the Services, is and remains your sole property or the property of such end-user. By uploading or otherwise making available any User Content, you and your end-user automatically warrant that the owner has the right to transmit the User Content to SAFEASSIGN™ and that such User Content may be utilized for the purpose of plagiarism detection and prevention. To the extent that your end-user authorizes the inclusion of the User Content in our Global Database, you agree that Blackboard may maintain a copy of such User Content indefinitely and may use the same for the purpose of plagiarism detection and prevention for other utilizing the Services.
You acknowledge that the Services, any underlying technology used in connection with SAFEASSIGN™ and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within SAFEASSIGN™ are provided by Blackboard or third-party providers and are the copyrighted works of Blackboard and/or such third parties. Except as expressly authorized by Blackboard or such third parties in this TOU or as may be posted on the Services, you and your end-users may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Blackboard in any form, whether archival files, computer-readable files, or any other medium.
Some links on SAFEASSIGN™ lead to sites posted by independent site owners. Because Blackboard has no control over these sites, Blackboard is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Blackboard 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, use or reliance on any User or other Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Blackboard and the linked sites. Blackboard is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Blackboard would be responsible for the actions of their respective owners.
You and your end-users may only access SAFEASSIGN™ and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your and your end-users' use of the Services. You and your end-users agree not to: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of SAFEASSIGN™ or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.
You acknowledge that Blackboard does not pre-screen User Content, but that Blackboard shall have the right (but not the obligation) in its sole discretion to refuse any User Content that is available through the Services. You agree and acknowledge that Blackboard may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Blackboard, its users and the public.
8. Disclaimer of Warranty
BLACKBOARD IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN OR ASSOCIATED WITH SAFEASSIGN™ AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON SAFEASSIGN™ FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALLSUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE SERVICES.
ACCESS TO SAFEASSIGN™ , AND USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER BLACKBOARD, NORITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
SAFEASSIGN™ ANDTHE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL BLACKBOARD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF BLACKBOARD HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF USE OF OR INABILITY TO ACCESS SAFEASSIGN™ OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY ANDALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BLACKBOARD'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES BLACKBOARD'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF BLACKBOARD.
You agree to indemnify and hold Blackboard, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you or your end-users submit, post to, email, or otherwise transmit through the Services, your or your end-users use of the Services, your connection to the Services, or your or your end-users breach of the TOU.
10. Trademark Notice
SAFEASSIGN™ , Blackboard SAFEASSIGN™ , SAFEASSIGN.com, the SAFEASSIGN™ logo, Bb (design), Blackboard®, Blackboard (digital design and word), Blackboard.com®, Blackboard.com (design and word), My Blackboard®, Powered by Blackboard(SM), Powered by Blackboard (design and word), Blackboard logos, and the unique trade dress of SAFEASSIGN™ and Blackboard.com® are the trademarks, service marks, trade dress, and logos of Blackboard Inc. All other trademarks, service marks, trade dress, and logos used in SAFEASSIGN™ and the Services are the trademarks, service marks, trade dress, and logos of their respective owners.
11. Designated Agent
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, Blackboard has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the Blackboard Services. All inquiries into alleged copyright infringement on the Blackboard Services should be sent to Blackboard, c/o Teresa Frazier, 1899 L Street, N.W., 5th Floor, Washington, D.C. 20036.
12. Local Laws; Export Control
Blackboard controls and operates SAFEASSIGN™ from its headquarters in the United Statesand makes no representation that the Content is appropriate or available for use in other locations. If you use SAFEASSIGN™ from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the SAFEASSIGN™ are solely directed to individuals, companies, or other entities located in theUnited States.
13. Modifications to the Service
Blackboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, with or without notice, SAFEASSIGN™ or the Services (or any part thereof) or any User Content associated therewith. You agree that Blackboard will not be liable to you or to any third party for any modification, suspension, or discontinuance of SAFEASSIGN™, the Services or the User Content.
You may discontinue your participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by you or your end-users, even if you are no longer using them. You acknowledge and agree that Blackboard and its affiliates may terminate or block your use of all or part of the Services and SAFEASSIGN™ without prior notice for any reason, including, without limitation, if Blackboard believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to SAFEASSIGN™ and use of the Services.
By accessing or utilizing SAFEASSIGN™, you and your end-users agree to the above stated TOU. This Agreement is entered into in the District of Columbia and shall be construed in accordance with the laws of the District of Columbia, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the District of Columbia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. Your download license for the SAFEASSIGN™ Building Block or Powerlink along with this TOU and any posted guidelines or rules applicable to SAFEASSIGN™ constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOU to firstname.lastname@example.org.
Copyright © 2007. Blackboard Inc. All rights reserved. Blackboard, the Blackboard logo, SAFEASSIGN™, the SAFEASSIGN™ logo, and SAFEASSIGN.com are trademarks or registered trademarks of Blackboard Inc. in the United States and/or other countries.