1. Your Acceptance
Thank you for using SMART. These Terms of Service ("Terms") are applicable to websites (including http://smart.cehd.gsu.edu and related webpages) and software applications ("apps"), all owned and operated by SMART.
Please read the Agreements carefully as they contain important information about SMART and Services provided to you. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them.
By using the Services or accessing any content or material that is made available by SMART or its users through the Service, you understand and agree to accept and adhere to the following terms and conditions as stated herein.
If you agree to these Terms of Service, SMART grants you permission to register, access, and use our website as set forth in these Terms of Service. If you do not agree with (or cannot comply with) the Terms of Service, then you may not use the SMART website and Resources owned by SMART.
You promise that your registration information and any other information that you submit to us is accurate and true. If you have provided incorrect or inaccurate information, you should return to the log-in screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.
SMART provides an online learning platform, which instructors can use to setup classes and assignments for learners to create and analyze models that show relationships between various concepts that they are learning about. SMART adds a dynamic visual element to learning concepts in various fields, and it is useful for any subject and students of all ages. SMART Services are provided to you free-of-charge in accordance with the limitations of use set out in these Terms.
2. Responsible use and conduct
By visiting and accessing our websites, services, tools, and products (hereafter referred to as "Resources"), you agree to use the content and information for your own personal use, but not for commercial use. You agree to use these Resources as permitted by this Terms of Service policy. You understand and agree that in the event of a violation of the Terms of Service, we may immediately terminate or suspend your SMART account.
3. Changes to the Agreements
We reserve the right to change these Terms from time to time without notice. When we make changes to the Terms of Service, we will notify you at least 30 days in advance of the new Terms of Service being applicable to you. It is your responsibility to read the new Terms of Service carefully. Your continued usage of the SMART website and Resources will constitute agreement to the new version of the Terms of Service. You may terminate your account if you do not agree to new versions of the Terms of Service by contacting us.
4. Registration
Access to the main SMART website, http://smart.cehd.gsu.edu/, is required. You agree that the information you provide upon registering for an account is accurate. You agree that you will not share your account with others.
5. Third-Party Applications
The SMART website and Resources may contain links to third party websites not controlled by SMART. SMART has no control over and no responsibility for the content, privacy policies, and practices of nay third-party websites.
The SMART website and Resources may be integrated with third-party applications and services. You agree that SMART does not endorse, is not responsible for, and is not liable for any content or features of any third-party applications. SMART is not responsible in any way for any transactions between you and a third-party provider of products or services.
6. General Use of Our Web Site and Resources
Our Website, Resources, and Contents thereof is proprietary to SMART, which is provided by the Department of Middle and Secondary Education in the College of Education and Human Development at Georgia State University.
You may not reproduce or create derivative works of our Services or Resources without first obtaining our written authorization.
We grant you a limited, non-exclusive, revocable license to make use of the SMART Service for non-commercial, educational and/or personal usage. This License shall remain in effect until and unless terminated by you or SMART. You agree that you are using SMART Services and Resources for non-commercial, educational and/or personal purposes. You agree to not use SMART Services and Resources for any purpose not permitted in the Terms of Service.
You may not charge any fees or require any payment as part of your use of the Service or the Resources. Except for the rights expressly granted to you in these Agreements, SMART grants no right, title, or interest to you in the SMART Service or Resources. You may not collect user data from our Services or Resources for any commercial solicitation purposes.
SMART retains ownership of all copies of the SMART software applications, Services, and Resources, even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.
All SMART trademarks, service marks, logos, domain names, and any other features of the SMART brand are the sole property of Dr. Min Kyu Kim and Georgia State University. The Agreements do not grant you any rights to use any SMART branding for any purpose. SMART reserves all rights not expressly granted in and to the SMART content, Services, and Resources.
7. User-Generated Content
Areas of the SMART Website allow for users to submit content, including text and pictures and other media. You hereby grant SMART a worldwide, irrevocable, non-exclusive, royalty-free, fully paid, transferable license to use, reproduce, distribute, make available to the public, prepare derivative works of, display, and use in any other matter in connection to the SMART website and organization in any media formats and in any media channels.
You agree not to submit any material to which you do not own the copyright, that is protected by trade secret, or subject to third party proprietary rights unless you are the owner of the rights. You may not violate any intellectual property rights or other rights without the express written consent from the rights holder. You have sole responsibility for all content that you submit to SMART and may hold SMART or Georgia State University harmless from any third-party claim that the User Content violates any third-party rights or applicable laws anywhere in the world.
At our discretion, SMART may remove, edit, and/or review User Content for any reason or no reason. This includes User Content that Violates the Terms of Service. SMART may take these actions without prior notification to you or any third party.
8. Digital Millennium Copyright Act and User Content reporting
SMART has a policy of protecting copyrights and of complying with the take-down procedures established under the Digital Millennium Copyright Act, 17 U.S.C. ยง 512 ("DMCA").
If you are a copyright owner and believe that any User Content or other content infringes your copyrights, you may submit a notification to Dr. Min Kyu Kim by email: mkim120@gsu.edu or by mail: Dr. Min Kyu Kim Learning Technologies Division, Georgia State University, P.O. Box 3978, Atlanta, GA 30302-3978.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Any correspondence should include:
- A physical or electronic signature of a person or agent working on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the content that is claimed to be infringing on the copyright owner.
- A statement that you have good faith belief that the use of the offending material is not authorized by the copyright owner or by law.
- A statement that the information provided is accurate.
SMART may take actions as it deems fit to protect intellectual property rights of any intellectual property owner, including, but not limited to, removing User Content and terminating user accounts.
9. Access Termination Policy
SMART may terminate a user’s access to the SMART website at its sole discretion.
10. Organizations
If you establish a SMART account on behalf of a school, company, organization, entity, or brand, the terms used throughout the Agreements, apply to both you and the Organization, as applicable. If you create an organizational account, you warrant that you are authorized to do so on behalf of the organization and bind the organization to the Terms of Service.
11. Account security
As creator of your SMART account you have access and control over the SMART account and the devices that are used to access the Service. You should not reveal the account password to others and clear out data on your devices that can grant access to your account. You are responsible for preventing unauthorized access to your account.
12. Disclaimer of Warranties
SMART is not liable for any special, incidental, indirect, or consequential damages of any kind arising out of or in connection with the use of our Services or Resources. SMART is provided "as is" without any express or implied warranty of any kind. SMART is under development and may change at any time.
You are using the SMART Service and the Resources at your own risk and for your own account. Any Resources downloaded or otherwise obtained through the use of the SMART Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Resources.
SMART is not responsible or liable for any communication between users or between users and third-parties.
13. Limitation
YOU HEREBY AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SMART SERVICES AND RESOURCES IS TO LOG OUT OF OUR WEBSITE AND TO STOP USING THE SMART SERVICES AND RESOURCES.
YOUR EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR RESOURCES, WITH RESPECT TO SMART, IS TO LOG OUT OF OUR WEBSITE AND STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.
YOU AGREE TO HOLD HARMLESS SMART, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, GEORGIA STATE UNIVERSITY, AND THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA FROM AND AGAINST ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES ARISING FROM YOUR USE OF AND ACCESS TO SMART SERVICES AND RESOURCES, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.