TERMS OF SERVICE
We (the owners and curators of Blending Education) run a blog, a shop, website, and service called Blending Education (or blending.education) and would love for you to use it. Blending Education’s basic service is free, and we offer free and paid resources for educators, including advanced products such as website hosting and professional blended learning services.
Terms of Service:
Please read this Agreement carefully before accessing our Website, purchasing our Products or using our Services. By accessing, downloading, purchasing and using any part of our Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access, download, purchase or use any of our Services. If these terms and conditions are considered an offer by Blending Education, acceptance is expressly limited to these terms.
The purchase of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to purchase our Products. Any person who registers as a user or provides their personal information in order to purchase our Services represents that they are 18 years of age or older.
Purchasing a Product or use of our Services may require setting up an account on Blending Education. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Blending Education.
- If you create an account on our Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Blending Education of any unauthorized uses of your account or any other breaches of security. Blending Education will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- The downloadable materials (“Products”) available for sale on this website are offered solely for the use of instructors in teaching their courses and assessing student learning. Each Product is licensed by terms set forth and included with the Product, and you may not violate the licensing terms. When you purchase a Product you are not actually buying that product itself but buying a license to use the Product. Products purchased on Blending Education are copyrighted and you may not copy, distribute, modify, reverse engineer or make derivative works of any downloaded or purchased Product without the express permission of Blending Education.
- Free Resources. The free Activities, Ideas, Templates, Tutorials (our “Resources” and “Downloads”) on Blending Education are released under a Creative Commons BY-NC-SA license. Licensees may copy, distribute, display, and perform the work and make derivative works and remixes based on it only for non-commercial purposes. If you use or distribute any free resource you must credit with the following attribution:
Made by Blending Education. https://blending.education.
- Products purchased on Blending Education and Products in the Shop are licensed and copyrighted and you may not copy, distribute, modify, reverse engineer or make derivative works of any purchased product or product in the Shop without the express permission of Blending Education.
- If you post material to our Services, post links on our Services, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, files, or code. By using our Services, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to our Services for inclusion on the Blending Education website, you grant Blending Education a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows Blending Education to make publicly-posted content available to third parties selected by Blending Education so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Blending Education will use reasonable efforts to remove it from our Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Blending Education has the right (though not the obligation) to, in Blending Education’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Blending Education’s reasonable opinion, violates any Blending Education policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of our Services to any individual or entity for any reason. Blending Education will have no obligation to provide a refund of any amounts previously paid.
- Prohibited Uses. When using Blending Education, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Disclose the sensitive personal information of yourself or others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- Distribute material or post comments that contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libellous.
- Payment, Renewal and Refunds. Due to the nature of our virtual Products Blending Education cannot offer a refund on purchased products unless the product is defective, in which case we can offer a replacement of the same product. When downloading or purchasing a product you acknowledge that you are aware of any and all technical requirements for using the product.
- You may cancel your account on the Blending Education website at any time, however your access to any purchased downloads will from that time become unavailable to you. If you allow your subscription to renew and then cancel, any merchant fees charged to Blending Education will be deducted from your refund.
- Restricted Use.You may not use the Blending Education website to substantially replicate products or services offered by Blending Education, including the republication of Blending Education content or the creation of a separate publishing platform. If Blending Education believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Blending Education website and your account may be temporarily or permanently revoked, with or without notice and legal action against you may be taken.
- Responsibility of Visitors.
Blending Education has not reviewed, and may not review, all of the material, posted to our Services by visitors, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Blending Education does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Blending Education disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
- Copyright Infringement.
As Blending Education asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Blending Education violates your copyright, you are encouraged to notify Blending Education at firstname.lastname@example.org. Blending Education will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Blending Education will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Blending Education or others. In the case of such termination, Blending Education will have no obligation to provide a refund of any amounts previously paid to Blending Education.
- Intellectual Property.
This Agreement does not transfer from Blending Education to you any Blending Education or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Blending Education. Blending Education, the Blending Education logo, and all other trademarks, service marks, graphics and logos used in connection with Blending Education or our Services, are trademarks or registered trademarks of Blending Education or Blending Education’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Blending Education or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting in the Blending Education Community, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Blending Education may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Blending Education account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.
Our Services are provided “as is.” Blending Education and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blending Education nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
- Limitation of Liability.
In no event will Blending Education, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blending Education under this agreement during the twelve (12) month period prior to the cause of action. Blending Education shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.
- U.S. Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Blending Education reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Blending Education, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Products and Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Blending Education and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Blending Education, or by the posting by Blending Education of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Nashville, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nashville, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blending Education may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At Blending Education, we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the ongoing operation of one of our Services.
- In our blogging products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.
If you have questions about deleting or correcting your personal data please use the Data Access Request form.
Blending Education operates a website, shop and blog at https://blending.education. It is Blending Education’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Blending Education collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Blending Education’s purpose in collecting non-personally identifying information is to better understand how Blending Education’s visitors use its website. From time to time, Blending Education may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Blending Education also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments. Blending Education only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators where the comment was left.
All visitors who provide their personal information through our contact forms, by downloading or purchasing our products, or by signing up for an account must accept the mandatory privacy box agreeing with the storage and handling of their data by Blending Education. Any of your personal data that we store can be requested through our Data Access Request form. After requesting your data, you’ll receive an email with a link to view all of your data and have the opportunity to request that your data be anonymized.
Gathering of Personally-Identifying Information
Certain visitors to Blending Education’s website choose to interact with Blending Education in ways that require Blending Education to gather personally-identifying information. The amount and type of information that Blending Education gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account on Blending Education to provide a username and email address. Those who engage in transactions with Blending Education– by purchasing Products or Services, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Blending Education collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Blending Education. Blending Education does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities. If you would like to see what data we store, you can submit a request through our Data Access Request form.
Blending Education may collect statistics about the behavior of visitors to its website and may display this information publicly or provide it to others. However, Blending Education does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Blending Education discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, distributors and affiliated organizations that (i) need to know that information in order to process it on Blending Education’s behalf or to provide services available at Blending Education’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, distributors and affiliated organizations may be located outside of your home country; by using Blending Education’s websites, you consent to the transfer of such information to them. Blending Education will not rent nor sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, distributors and affiliated organizations, as described above, Blending Education discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Blending Education believes in good faith that disclosure is reasonably necessary to protect the property or rights of Blending Education, third parties or the public at large. If you are a registered user of a Blending Education website and have supplied your email address, Blending Education may occasionally send you an email to tell you about new products and resources, solicit your feedback, or just keep you up to date with what’s going on with Blending Education. We primarily use our website to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Blending Education takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Blending Education uses Google Analytics to determine customer demographics and for nothing else.
If Blending Education, or substantially all of its assets, were acquired, or in the unlikely event that Blending Education goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Blending Education may continue to use your personal information as set forth in this policy.
Comments and other content submitted to our Akismet anti-spam service are saved on our servers and we use them to improve the Service.