BookPagez Digital Resource User Agreement
The BookPagez Digital Resource service (“Digital Resource”) enables an interactive, digital classroom experience for teachers and students using BookPagez Resources. By using the Digital Resource, you agree to the following terms:
A. “Digital Resources” means the interactive content such as slides, instructions, questions, writing prompts, or recordings that are a part of the Digital Resource.
C. “Student Submissions” means responses to questions in Digital Resources which have been submitted back to you by a Student User.
D. “Teachers” are users authorized by a School who use the Digital Resource with Student Users.
E. “User Materials” means any document or material other than a Digital Resource that you may upload for use with the Digital Resource.
F. “You” means the Teacher using the Digital Resource and/or accepting these Terms and/or the School, as the context permits.
III. Permitted Use. You agree to use the Digital Resource in accordance with the rules and policies provided in our Service Terms in addition to the policies provided herein. The Digital Resource may only be used by Teachers and may only be used in an education setting as permitted by School policies. Your permission to use the Digital Resource is at BookPagez’s discretion, which permission may be revoked at any time at our discretion. BookPagez grants you a limited, nonexclusive, royalty free, revocable license to use the Digital Resource as permitted by the Terms, and solely in furtherance of the educational and instructional purposes of your School. You may not use the Digital Resource outside of your capacity as a Teacher, and you may not use the Digital Resource for commercial purposes. Using the Digital Resource you may add User Materials and share the resulting Digital Resoruce electronically or online with Student Users as facilitated through BookPagez. Except as, and solely to the extent, this Agreement provides otherwise, your use of Resources remains governed by our Terms of Service including the limitations described in Section 3 thereof. This means, it’s still not ok to share Resources (including the Digital Resource) with other teachers, friends, or colleagues for their use without obtaining additional licenses; you can’t resell or use Resources for commercial purposes, and you can’t post or share Resources.
IV. Intellectual Property:
A. Resources. BookPagez, is the owner of the Digital Resource. Your use of Resources is permitted by this Agreement and the addition of User Content to the Resources does not result in the transfer of any right, title, or interest in the Resources (in whole or in part) from from BookPagez to you or to anyone else. You are only permitted to use Resources as described in this Agreement.
B. BookPagez’s Intellectual Property. The site, services, features, layout, look and feel, designs, code, software, algorithms, technology, mask works, iconography, fonts, trade names, logos and other imagery (other than imagery included in the User Material), and other content making up the Digital Resource (together “BookPagez Content”) are the property of BookPagez, or our licensors, and are (or may be) protected by copyright, trademark, patent and other intellectual property laws. BookPagez owns all right, title, and interest in and to: (a) the BookPagez Content; and (b) aggregate measures of usage and performance for the Digital Resource, including anonymized compilations and analyses of such data, and reports, studies, analyses, and derivatives thereof (“Aggregate Data”). In addition, BookPagez shall be free to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) acquired during provision of the Digital Resource hereunder. No right or license to BookPagez Content is granted except as expressly set forth herein. You may not copy, reproduce, resell, relicense, rent, reverse engineer, decompile, attempt to gain access to the source code, or otherwise use BookPagez Content except as provided herein.
V. Use with Students:
B. FERPA. Your use of the Digital Resource with Student Users may result in the collection of information considered an education record subject to the Family Educational Rights and Privacy Act (“FERPA”). To the extent that FERPA applies to any information we may receive as a result of your use of the Digital Resource, BookPagez acts as a “school official” (as that term is used in FERPA).
C. Beta Features. From time to time you may receive early access to new features we haven’t launched yet. The business and technical information being shared with you; the features, products or services and potential features, products or services you may use or see; the ideas and concepts that may go into building, marketing, or using them; and any discussions we may have with you about them all represent proprietary and confidential information (“Confidential Information of BookPagez”). You agree that you will hold in confidence and will not disclose to any third party Confidential Information of BookPagez which is disclosed, or made available to you directly or indirectly through your use of the Digital Resource, and you will not make use of Confidential Information of BookPagez beyond your use of the Digital Resource in accordance with this Agreement. You are solely responsible for any confidentiality obligations you may have regarding your use and disclosure of Student Information.
VII. Feedback and Research.
A. Feedback Assignment. As you use the Digital Resource, you may provide, or we may solicit, feedback about your experience and satisfaction, suggestions or ideas for improvements, modifications, or new features for the Services or any other aspects of our current or future business (“Feedback”), through various means, including but not limited to usability research, account management communications, interactions with our customer support team, and surveys. You agree that all Feedback is the sole property of BookPagez, and, as such, BookPagez may use your Feedback without consideration or compensation for any and all purposes in our discretion including internal business and development purposes and external marketing and promotional purposes. You hereby make and agree to make all assignments necessary to affect the foregoing ownership.
B. User Research Release. In the event that you agree to participate in research activities (“User Research”) related to your use of the Digital Resource, you grant BookPagez permission to record sessions, discussions and other activities related to the User Research and you acknowledge that BookPagez owns all intellectual property and other rights in and to any such recordings, including photographs, video footage, audio footage, and transcripts thereof (“Media”), and you hereby make and agree to make all assignments necessary to affect the foregoing ownership. You grant BookPagez permission to use and share with potential business partners, service providers, or affiliates any Media of you or containing your image or likeness for any and all business purposes including but not limited to purposes of exploration, research, development, and marketing, and you hereby release BookPagez from any claims actions, liabilities, damages, and demands arising from or related to the use of any Media or your participation in User Research, including but not limited to libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or misuse.
VIII. Warranty Disclaimers.
A. No Warranty. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DIGITAL RESOURCE IS MADE AVAILABLE TO YOU AS IS AND AS AVAILABLE. YOU MAY EXPERIENCE INTERRUPTIONS IN SERVICE OR FUNCTIONALITY, BUGS, OR OTHER ERRORS AND IMPERFECTIONS, AND WE MAY MODIFY, ADD TO, REMOVE FROM, OR SUSPEND ALL OR ANY PORTION OF THE SERVICES AND FEATURES ASSOCIATED WITH THE DIGITAL RESOURCE WITHOUT NOTICE. WE MAKE NO AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING THE DIGITAL RESOURCE INCLUDING BUT NOT LIMITED TO THE QUALITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, AND INFRINGEMENT. BOOKPAGEZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ANY RESOURCE, ANNOTATIONS, ANNOTATED CONTENT, STUDENT SUBMISSIONS, USER MATERIAL OR ANY OTHER CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE DIGITAL RESOURCE.
B. Limitations on Access. BookPagez does not and cannot guarantee perpetual, uninterrupted, or continuous access to any Resources, User Material, or Student Submissions through the Digital Resource. There may be reasons, for example, that BookPagez stops hosting or becomes unable to continue hosting a Resource or User Material, or you or BookPagez may terminate, suspend, downgrade, or otherwise limit your Account or access to BookPagez’s Services. In any such case (or others that may arise), you may no longer be able to access such Resources, User Material and related Student Submissions through our Services. It’s your responsibility to maintain and store a backup of any Resource, User Material, and Student Submissions you wish to retain on your device to ensure future access, and BookPagez will not be liable for any such loss of access or loss of data or any costs or damages resulting therefrom. In certain applicable cases, BookPagez may, in its sole discretion, provide a refund for a purchased Resource that becomes unavailable.