Terms of Service

INTRODUCTION Welcome to Modern States Education Alliance (“Modern States” or “we” or “us”). Modern States is dedicated to make college more affordable by providing access to the best, free-of-cost Massive Open Online Courses (MOOCs). Our goal is to create a path to a tuition-free, high quality and universally accessible college education for any motivated student who seeks one. PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY PRIOR TO REGISTERING FOR OR USING ANY PORTION OF THE MODERN STATES WEBSITE. IF YOU DO NOT UNDERSTAND OR DO NOT WISH TO BE BOUND BY THE TERMS OF THE AGREEMENTS, YOU SHOULD NOT USE THE WEBSITE. BY ACCESSING, REGISTERING, CONTRIBUTING TO OR OTHERWISE USING MODERN STATES’ WEBSITES AND APPLICATIONS AND ITS FEATURES AND SERVICES WHETHER APPEARING ON WWW.MODERNSTATES.ORG OR THROUGH OTHER DISTRIBUTION CHANNELS (COLLECTIVELY, THE “MODERN STATES SERVICES”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND MODERN STATES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE OR OUR PRIVACY POLICY, PLEASE LEAVE THIS WEBSITE IMMEDIATELY AND DO NOT USE OR ACCESS THE MODERN STATES SERVICES. TO USE THE MODERN STATES SERVICES, YOU MUST BE AT LEAST 13 YEARS OF AGE AND ABLE TO ENTER INTO A VALID AND LEGALLY ENFORCEABLE AGREEMENT. PRIVACY Modern States values your privacy and we have designed our Privacy Policy to explain how we collect information from and about you when you use the Modern States Services and what Modern States may do with that information. YOUR MODERN STATES ACCOUNT When you use the Modern States Services, you may have the opportunity to create an account. To create an account, you may be required to select a password, user name, and provide an email address you own and use as well as certain other information that we may request. You may not use some features of the Modern States Services without an account. All registration information you submit to Modern States must be truthful, complete, accurate and up-to-date. You must maintain the accuracy of that information. You must not enter or use a false name or birthdate, use an email address that is owned or controlled by another person or use a name subject to any rights of a person other than yourself without appropriate authorization. You must not create accounts by automated means or under false or fraudulent pretenses. Your account is for your personal non-commercial use only. You are responsible for maintaining the confidentiality of the password for your account and you are fully responsible for all activities that occur under your account. You agree to immediately notify Modern States of any unauthorized use of your account. Modern States may delete your account if you violate these Terms of Service. Modern States reserves the right to refuse registration of or cancel your account, in its sole and absolute discretion. Modern States may terminate your access to all or any part of the Modern States Services at any time, for any or no reason, with or without prior notice, and without liability. USING THE MODERN STATES SERVICE You may use the Modern States Services only for lawful purposes and in accordance with these Terms of Service. By using the Modern States Services, you agree to the following: 1. You agree not to use the Modern States Services, intentionally or unintentionally, to violate any applicable local, state, federal or international law or regulation. 2. You agree not to use the Modern States Services to interfere with the rights of other users. 3. You agree not to collect any information about other users (including usernames and/or email addresses) for any purpose other than to interact with other Modern States users or members. 4. You agree not to create or transmit unwanted electronic communications such as “spam” to other users of the Modern States Services or otherwise interfere with other users’ use and enjoyment of the Modern States Services. 5. You agree not to impersonate or attempt to impersonate Modern States, a Modern States employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user name associated with any of the foregoing). 6. You agree not to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature. You agree not to use the Modern States Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene. 7. You agree not to take any action that could, as determined by us in our sole discretion, disable, overburden, damage, or impair the Modern States Services or Modern States’ information technology infrastructure, or interfere with any other use of the Modern States Services, including, but not limited to, any user’s ability to engage in real-time activities. You agree not to otherwise use any device, software or routine that interferes with the proper working of the Modern States Services or otherwise attempt to interfere with the proper working of the Modern States Services. 8. You agree not to use any robot, spider or other automatic device, process or means to access the Modern States Services for any purpose, including monitoring or copying any of the material on the Modern States Services. You agree not to use any manual process to monitor or copy any of the material on the Modern States Services or to engage in any other unauthorized purpose without the express prior written consent of Modern States. You agree not to translate or reverse engineer any portion of the Modern States Services and not to modify or adapt any portion of the Modern States Services unless expressly authorized by Modern States. 9. You agree not to remove any copyright, trademark, or other proprietary rights notices contained in or on the Modern States Services. You agree not to reformat, frame or deep-link any portion of the Modern States Services. 10. You agree that you will not allow any third party to violate these Terms of Service. INTERNET SOFTWARE OR COMPUTER VIRUSES Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Modern States Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Modern States Services. Modern States shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Modern States Services or your downloading of any Content (defined below) or other content from the Modern States Services. Modern States recommends that you install appropriate anti-virus or other protective software. MODERN STATES SERVICES CONTENT The Modern States Services contains information, text, files, images, photos, video, sounds, musical works, works of authorship, applications, associated trademarks, service marks and trade dress and other such materials and content (“Content”) of Modern States or its licensors (“Modern States Content”). Modern States Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Modern States, Modern States owns and retains all rights in the Modern States Content and the Modern States Services, subject to your underlying ownership in any User Content that you post on the Modern States Services as set forth below. Modern States hereby grants you a limited, revocable, non-transferable, non-sub licensable license to access and display the Modern States Content solely for your personal, non-commercial use in connection with viewing the Modern States Services and accessing its features. Except as provided in these Terms of Service, you may not copy, download, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Modern States Content appearing on or through the Modern States Services, except as follows: • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials. • You may store files that are automatically cached by your Web browser for display enhancement purposes. • You may print or download one copy of a reasonable number of pages of the Modern States Services for your own personal, non-commercial use and not for further reproduction, publication or distribution. USER CONTENT Certain features of the Modern States Services permit users, including, without limitation, users designated as “Experts” by Modern States, to submit, post, contribute or otherwise make available (hereinafter “post”) Content on the Modern States Services, including, without limitation, articles, questions, comments, photographs, information, and other materials (“User Content”). Subject to the license you grant to Modern States herein, you retain any ownership that you have of User Content that you post on the Modern States Services. You understand and acknowledge that you, not Modern States, are responsible for your User Content, including its legality, reliability, accuracy and appropriateness. By posting User Content on the Modern States Services, you hereby agree to the following without any further obligation to you, financial or otherwise: 1. Warranties: You represent and warrant that you own or otherwise control and have the right to grant the license granted below, and that no other individual or entity owns or controls all of the rights to the User Content that you post on the Modern States Services, and that such User Content is accurate, does not violate these Terms of Service, does not infringe upon or violate any copyright of any third party or constitute defamation of any third party, does not violate a right of publicity or privacy or any other right of any third party, and will not cause injury to any third party. 2. Content License: You hereby grant Modern States and its affiliates, licensees, successors and assigns a non-exclusive, irrevocable, perpetual, worldwide, paid-up, royalty-free, and transferable right and license to adapt, archive, copy, delete, disclose, display, distribute, enhance, import, modify, post, publish, reproduce, reformat, sell, store, translate, transmit, use, sublicense and create derivative works of any User Content that you post on or submit to the Modern States Services in any form, medium, software or technology of any kind now existing or developed in the future, as well as any rights necessary to prevent User Content from being “lifted” or used without attribution by third-party sites. 3. Attribution: You grant Modern States the right to associate your name, image, voice, photograph, likeness or any other Personal Information (as defined in our Privacy Policy_ in connection with User Content that you post on the Modern States Services, in accordance with the terms of our Privacy Policy. 4. Moral Rights: If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby declare that: (a) you do not require that any Personal Information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the User Content by Modern States or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Modern States and its affiliates, licensees, successors and assigns and their respective directors, officers, stockholders, agents, and employees from any claims that you could otherwise assert against Modern States by virtue of any such moral rights. 5. Social Media Content: The Modern States Services may give you the opportunity to submit User Content through Facebook, Twitter, Tumblr and similar social media sites, which we refer to as “Social Media Content.” You agree that such Social Media Content (1) is provided subject to all of the same terms, licensees, and conditions as other User Content posted on the Modern States Services, (2) may include Personal Information regarding you and be published at the Modern States Services together with such Personal Information in order to attribute the Social Media Content to you, and (3) may be retained and treated by Modern States in the same manner and subject to the same conditions as other User Content posted on the Modern States Services. 6. Prohibited Content: You are responsible for complying with all laws applicable to the User Content that you post on the Modern States Services. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You must not post any User Content that: • is not based in fact; • falsely expresses or implies that such User Content or material is sponsored or endorsed by Modern States; • contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; • is defamatory, libelous, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy or publicity rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity, is insulting or harassing or advocates harassment; • violates any right of Modern States or any third party; • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; • violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation; • unfairly interferes with any third party’s uninterrupted use and enjoyment of the Modern States Service; • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; • includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, physical harm, violation of any right of any individual or entity, violation of any local, state, federal or international law, rule, guideline or regulation, or otherwise creates liability; • “inflames” any individual or entity (e.g., by sending repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; • is unrelated to the topic of the area to which it is submitted; • disguises the origin of the post; • seeks or recommends providers of material that exploits in any manner people under the age of 18, or seeks or recommends providers that solicit Personal Information from anyone under 18; or • otherwise violates these Terms of Service, as determined by us in our sole discretion. Modern States features course enrollment hyperlinks controlled by edX and sites maintained and controlled by others. Modern States is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk. MONITORING AND ENFORCEMENT Modern States has the right but not the obligation to: • Edit, modify, reject, refuse to post or remove any User Content (including private messages), including User Content you or third-parties have posted. • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Modern States Services or the public or could create liability for Modern States. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Modern States Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MODERN STATES AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. COURSE PROVIDER AND RESOURCE EXPERTS Modern States features links to course providers and educational resource experts “Providers and Experts”. These links are maintained and controlled by others. We do not represent or guarantee that any Provider and Expert has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate. We do not independently verify or attempt to confirm any information that our Providers and Experts provide, and cannot and do not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any resource expert or of any other users of the Modern States Services. We are not liable for your reliance on the information or advice presented by any Provider or Expert or other party posting Content. CONTENT QUALITY You acknowledge that Modern States cannot and does not guarantee the accuracy, integrity or quality of Content posted on the Modern States Services by third parties, including, without limitation, our Providers and Experts and other users. You further acknowledge that Modern States does not control the information submitted by our Providers and Experts or any other users and that any opinions, advice, services, offers, other information or User Content that are disseminated through the Modern States Services are of their respective authors, not Modern States. You also acknowledge that Providers and Experts and other Modern States users are solely liable for their Content. You acknowledge that Modern States cannot and does not warrant or represent that it monitors, independently researches or verifies any third-party Content.