Effective Date: August 01, 2019
TABLE OF CONTENTS
- User Registration.
- Third-Party Websites and Links.
- Permitted Use.
- Links, Frames, and Metatags.
- Site Availability.
- Site Support.
- Fair Allocation of Risks.
- Disclaimer of Warranties.
- Limitation of Liability and Damages.
- Intellectual Property and Copyright Infringement.
- Modifications to these Terms.
- Copyright and Trademarks.
- Governing Law and Venue.
- International Use.
- Comments and Questions.
1. User Registration.
Eligibility; Accounts. The Site is not available to (A) any users previously suspended or removed from the Site by us, or (B) any persons under the age of 13 whose use or registration is not directly facilitated by an associated school, school district or classroom teacher (collectively, “Teacher” or “Teachers”) with authority to consent to their use of the Site. THE PUBLICLY ACCESSIBLE PORTION OF THE SITE IS INTENDED FOR LIFE-LONG LEARNERS, ALL OF WHOM MUST BE 13 YEARS OF AGE OR OLDER. By CLICKING THE “I Agree” button or by otherwise using or registering an account on the Site, you represent (a) that you have not been previously suspended or removed from the Site by us; (b) that you are either (i) at least 13 years of age, or (ii) using the Site as instructed by a Teacher who has consented to your use and registration on the Site, and (c) that your registration and/or use of the Site is in compliance with any and all applicable laws and regulations.
Student Users. Students using the Site as part of their class curriculum must register as “Student Users” on the School Course component of the Site. Upon registration, Student Users will be linked to their associated Teachers based on unique classroom codes given to Teachers upon their registration on the Site.
Username; Password. If you register for an account on the Site, we ask that you provide BHP with your current, complete, and accurate information. We may, but are not required to, verify your identity using the information you provide and any additional information prior to creating your account. You will create a unique user name and password as part of your account, and these may only be used by you. You are responsible for keeping your user name and password confidential and you may not authorize any third party to use them. You agree that BHP may attribute all use of your user name to you and that you are responsible for all activity that occurs under your account. Please notify BHP immediately at: firstname.lastname@example.org if the security or your user name or password has been compromised.
Social Networking Services. Student Users are not permitted to register using social media accounts. For adult users, including Teachers, BHP may permit you to register for and authenticate your account through a third-party social networking service, such as Facebook or Twitter ("Social Networking Service"). By registering and authenticating your account using a Social Networking Service, you agree that BHP may access your account information from the Social Networking Service. You are solely responsible for your relationship with the Social Networking Service.
3. Third Party Websites and Links; Additional Terms.
4. Permitted Use.
You may copy select portions of the materials appearing on the Site only for the limited purpose of supporting your personal use of the Site. All other copying or distribution of materials appearing on the Site is prohibited without the advance written consent of BHP. You may not use the Site or duplicate Site materials for any commercial purpose or in any manner that disparages or discredits any person or misrepresents the source or ownership of any portion of the Site content. All distributed copies must display the following copyright notice: Copyright Big History Project, LLC. Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.
5. Links, Frames, and Metatags.
You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the content of the Site. You may not use metatags or any other "hidden text" that incorporates the Site's contents without BHP's express written consent.
6. Site Availability.
The Site is operated as a non-commercial venture and offered free of charge to all users. You understand and agree that your use, access and your download of any Site materials, content or software to your computer system or other device is at your own discretion and risk, and that you will be solely responsible for any damage or harm to property, including your computer system or device, or loss of data resulting therefrom. Subject to these conditions, you may access the Site if and when it is available. BHP does not guarantee availability of the Site or of materials on the Site. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, BHP reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at
7. Site Support.
BHP has no obligation to provide support in relation to the Site, materials on the Site, or your account.
9. Fair Allocation of Risks.
YOU ACKNOWLEDGE THAT WE PROVIDE THIS SITE, ITS CONTENT AND SERVICES TO YOU FREE OF CHARGE AND IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW, WHICH STATE THAT WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY RESULTING FROM YOUR FREE ACCESS TO OUR EDUCATIONAL CONTENT AND USE OF THE SITE. YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REPRESENT A FAIR ALLOCATION OF RISK BETWEEN BHP, ITS AFFILIATES AND YOU WITH REGARD TO YOUR USE OF THE SITE AND THAT THIS ALLOCATION OF RISK REFLECTS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US CONCERNING ALL ASPECTS OF YOUR USE OF THE SITE.
10. Disclaimer of Warranties.
Disclaimer of Warranties. THIS SITE, INCLUDING ALL DATA, INFORMATION, SOFTWARE, SERVICES, USER CONTENT, REFERENCE MATERIALS AND SITE CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BASED ON APPLICABLE LAW, BHP AND ITS AFFILIATES. SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Erroneous Content. BHP, ITS SUPPLIERS, LICENSORS AND AFFILIATES DO NOT WARRANT THAT THE SITE CONTENT, FEATURES, OPERATING SOFTWARE OR USER CONTENT WILL BE FREE FROM ERRORS, AND DO NOT WARRANT THAT ERRONEOUS CONTENT WILL BE CORRECTED.
Harmful Software. ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, BHP AND ITS SUPPLIERS, LICENSORS AND AFFILIATES DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE ARE FREE FROM SUCH FEATURES.
Jurisdictional Limitations. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
11. Limitation of Liability, Damages and Claims.
Limitation of Liability. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLICENCE, WILL BHP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR BHP’S THIRD-PARTY LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SITE, ANY REFERENCE SITES, THESE TERMS, OR ANY OTHER INTERACTION BETWEEN YOU, THE SITE OR BHP. APPLICABLE LAW MAY NOT ALLOW CERTAIN DAMAGE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS STATED IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASES, BHP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL BHP'S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SITE, ANY REFERENCE SITES, OR ANY OTHER INTERACTION BETWEEN YOU AND BHP OR OTHERS ON THE SITE EXCEED FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THIS LIMITATION OF MONEY DAMAGES.
Timely Assertion of Claims. YOU AND BHP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You hereby agree to defend, indemnify, and hold BHP and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys' fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your user name; (b) your violation of these Terms; or (c) your violation of any other party's rights or applicable law.
13. Intellectual Property and Copyright Infringement.
We will provide you notice if, for any reason, we remove your content from the Site due to an alleged intellectual property infringement. If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notice thereof, in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent, who can be reached as follows:
Big History Project, LLC
c/o Gates Ventures, LLC
4110 Carillon Point
Kirkland, WA 98033
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site infringes your copyright, we suggest that you contact an attorney prior to sending notice.
BHP may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to BHP. You agree to send notices to BHP by mailing them to the following address:
Big History Project, LLC
c/o Gates Ventures, LLC
4110 Carillon Point
Kirkland, WA 98033
15. Modification of these Terms.
BHP reserves the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email to your account email, or by any other reasonable means.
16. Copyright and Trademarks.
BHP owns or licenses the copyright in all the materials on the Site, including text, photographs, graphics, logos, button icons, audio, video and software. Those rights are protected by United States and international copyright laws and other intellectual property laws. "Big History Project" is a registered trademark of BHP and may be used only with our written permission. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, or otherwise violates any of your intellectual property rights, please contact us as described in the "Copyright Infringement" section above, if applicable, or the “Notice” section above in the case of other intellectual property concerns.
17. Governing Law and Venue.
These Terms and your use of the Site are governed by the laws of the State of Washington as applicable to contracts made and performed there, without reference to its conflict of laws provisions. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the materials on the Site will reside in the State and Federal Courts of King County, Washington.
18. INTERNATIONAL USE.
BHP’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are located in a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject BHP or its affiliates to any registration requirement within such jurisdiction or country.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. BHP may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account. If, at any time, BHP fails to respond to a breach of these Terms by you or others, such failure will not waive BHP's right to act with respect to subsequent or similar breaches. A waiver will only be binding on BHP if it is in writing and signed by BHP. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and BHP with respect to your account and the Site. Both you and BHP warrant to each other that, in entering these Terms, neither BHP nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and BHP, the Indemnified Persons or BHP’s successors and permitted assigns will have any right to enforce any of these Terms.
20. Comments and Questions.
If you have questions, comments or concerns about the Site, including about the materials appearing on the Site, please contact us at: email@example.com.