Last Updated: February 8, 2021
COMMON SENSE MEDIA UK DIGITAL CITIZENSHIP TERMS OF SERVICE
- Read carefully. Please read these Terms of Service carefully before using our Digital Citizenship Offering.
- Parties. These Terms of Service are entered into by and between: (1) Common Sense Media, Inc. ("CSM", "we", "us" or "our"); and (2) the UK Educational Institution on whose behalf the individual registering to use the Digital Citizenship Offering acts (including as that UK Educational Institution may be identified when the individual signs up to create an account to use the Digital Citizenship Offering) ("you").
- Capacity to enter into these terms on behalf of the relevant UK Educational Institution. By clicking on the "Create my account" button, completing the registration process and/or using the Digital Citizenship Offering, the individual signing up to create an account to use the Digital Citizenship Offering represents and warrants that:
- they have read, understood and agree to be bound by these Terms of Service and the Data Processing Addendum; and
- they have the authority to enter into these Terms of Service and the Data Processing Addendum personally or on behalf of the UK Educational Institution on whose behalf they act and to bind that UK Educational Institution to these Terms of Service and the Data Processing Addendum.
- Don't use the Digital Citizenship Offering if you can't agree to these Terms of Service. If you do not agree to be bound by these Terms of Service or the Data Processing Addendum, you may not access or use our Digital Citizenship Offering, and should not and may not attempt to do so.
What's in these Terms of Service?
These terms and conditions (these "Terms of Service") tell you the rules for using our free-to-use digital citizenship and education tools and other offerings available via the Digital Citizenship portion of the CSM website (currently available at https://www.commonsense.org/education/digital-citizenship) (the "Digital Citizenship Offering"), any data, information, content or materials (including curricula, lesson plans, quizzes and/or tests) accessible as part of our Digital Citizenship Offering (together, "Content") and any services to be supplied to or carried out by or on behalf of CSM via or as part of the Digital Citizenship Offering ("Services"). These Terms of Service govern and condition access to and use of the Digital Citizenship Offering, its Content and our Services by you.
Who we are and how to contact us.
The Digital Citizenship Offering is operated and owned by CSM (a US-based 501(c)(3) nonprofit organization (FEIN: s41-2024986)).
Our ordinary business address is:
Common Sense Media, Inc.
699 8th Street
To contact us, you can either:
- email [email protected] or
- write to us at our trading address shown above.
Only for use by educational institutions.
The Digital Citizenship Offering is a learning tool that is only intended and designed for use by and under the proper supervision and control of Educators and educational institutions for the benefit of Students.
If you are acting in any other capacity than as an Educator on behalf of an educational institution, or wish to use the Digital Citizenship Offering, any content or Services otherwise than the educational benefit of your Students, you should leave the Digital Citizenship Offering immediately and not attempt to access or use any Content or our Services.
For the avoidance of doubt, the Digital Citizenship Offering, Content and Services are not directed at, or intended for use or consumption by, persons acting in a personal capacity as consumers.
We will Process Personal Data you submit to us via the Digital Citizenship Offering, as a Processor on your behalf, in accordance with our UK Digital Citizenship: Data Processing Addendum posted at https://www.commonsensemedia.org/sites/default/files/featured-content/files/csm_uk_digital_citizenship_offering_data_processing_agreement.pdf (or any successor page or site) from time to time ("Data Processing Addendum"), which is hereby incorporated into and forms part of these Terms of Service.
You agree to limit the Personal Data you submit to us via the Digital Citizenship Offering to the minimum that is strictly necessary to receive the benefit of the Services provided under these Terms of Service.
We may make changes to these Terms of Service.
We may amend these Terms of Service from time to time. Every time you wish to use our Digital Citizenship Offering, please check these Terms of Service to ensure you understand the terms and conditions that apply to the Digital Citizenship Offering, its Content and our Services at that time.
We may make changes to our Digital Citizenship Offering.
We may update and change our Digital Citizenship Offering, Content and/or Services from time to time to reflect changes to the features and functionalities of our Digital Citizenship Offering, the state of current technology or market practice, applicable law or regulation and/or our business priorities.
We may suspend or withdraw our Digital Citizenship Offering.
Our Digital Citizenship Offering, Content and Services are currently made available free of charge.
We do not guarantee that our Digital Citizenship Offering, Content and/or Services will always be available free of charge, or generally available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our Digital Citizenship Offering, Content and/or Services for business and operational reasons.
Our rights in the Digital Citizenship Offering, Content and Services.
We are the owner or the licensee of all rights (including intellectual property rights) in:
- our Digital Citizenship Offering;
- our Content;
- our Services;
- any derivative, development, improvement, modification or augmentation of any of the foregoing that arises or is conceived, created, devised, generated, exemplified or reduced to practice by, or by a person on behalf of, CSM in the course of providing the Services, or independently of the Services.
The Digital Citizenship Offering (including all software and other technologies comprised therein) and the Content are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and/or that of any other identified authors as the authors of the Content must always be acknowledged.
If you print off, copy or download any Content or other part of our Digital Citizenship Offering in breach of these Terms of Service, your right to use our Digital Citizenship Offering and its Content will cease immediately and you must, at our option, return or destroy any copies of the Content you have made or that have been made on your behalf.
You must not use any part of the Content for commercial purposes or otherwise than for the limited purpose of educating your Students within and under the proper supervision and control of Educators and UK Educational Institutions.
The licence we grant to you.
We grant to you and your Educators with a registered account for the Digital Citizenship Offering a non‑exclusive, non-transferable, non-sublicensable, limited licence to use the Digital Citizenship Offering and the Content for the non-commercial purpose of educating your Students within and under the proper supervision and control of your Educators and your UK Educational Institution, subject to the Restrictions set out below and these Terms of Service, until termination of your right to use the Digital Citizenship Offering, Content and Services in accordance with We may suspend or withdraw our Digital Citizenship Offering, or Breach of these Terms of Service or otherwise.
You must not misuse our Digital Citizenship Offering by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our Digital Citizenship Offering, the server on which our Digital Citizenship Offering is stored or any server, computer or database connected to our Digital Citizenship Offering.
You must not attack our Digital Citizenship Offering via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
You may not access without authority, interfere with, damage or disrupt:
- any part of our Digital Citizenship Offering, Content or Services;
- any equipment or network on which our Digital Citizenship Offering or any Content is stored;
- any software or other systems or equipment used in the provision of our Digital Citizenship Offering, Content or Services; or
- any equipment or network or software owned or used by any third party.
In addition to the general restrictions described above, you must not:
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose all or any portion of the Digital Citizenship Offering, Content or Services;
- use manual methods or any software, devices, scripts, robots or any other means or processes (including so-called 'spiders', 'bots', 'crawlers' etc) to scrape the Digital Citizenship Offering and/or its Content, or otherwise create or compile (in single or multiple downloads) a collection, compilation, database or directory from the Digital Citizenship Offering or its Content, and you must not bypass or seek to bypass any robot exclusion headers we may implement; or
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Digital Citizenship Offering and/or its Content (unless and to the limited extent permitted by either: applicable law, or the terms of an open source license to which the relevant technology is subject).
The licence you grant to us.
As between you and us – you are entirely responsible for all data, information, content or materials that you and your Educators and Students upload, post, transmit or otherwise make available ("Make Available") on or via the Digital Citizenship Offering, including in submission by your Students of a test made available as part of the Services ("Institution Inputs").
You grant to us a worldwide, non-exclusive, royalty-free, transferable and fully sublicensable licence to access, store, review, copy, modify and otherwise use such Institution Inputs as necessary for the purpose of providing the Services.
You warrant (on an ongoing basis) that you have the full right and entitlement necessary to Make Available any Institution Inputs you Make Available on or via our Digital Citizenship Offering, and to grant us the licence outlined above. If at any point you become aware, or have a reasonable suspicion, that the warranty in this provision is or may untrue, you agree to:
- take all necessary steps to remove such Institution Inputs from our Digital Citizenship Offering; and
- notify us by email at [email protected].
Required Standards for Institution Inputs.
Whenever you Make Available Institution Inputs on or via our Digital Citizenship Offering, you must and must ensure that your Educators and Students comply with the standards set out in this section.
You acknowledge that we have no obligation to pre-screen Institution Inputs. However, we reserve the right (in our sole discretion) to pre-screen, refuse or remove Institution Inputs (or any part thereof) that we judge to:
- be obscene, offensive, hateful or inflammatory;
- be threatening, harmful, abusive or incite violence;
- harass, upset or embarrass any person;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- breach any law or legal duty to any person;
- promote or incite any party to commit, or assist any unlawful or criminal act;
- infringe any right (including any intellectual property right) of any person;
- deceive or intend to deceive any person;
- transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- be defamatory of any person; and/or
- impersonate any person, or misrepresent your identity or affiliation with any person.
You hereby irrevocably consent to such monitoring by us and/or our third party service providers.
You are solely responsible for securing and backing up any Institution Inputs – which you acknowledge you may do using the of your third-party cloud-based educational platform (such as Google Classroom), with which the Digital Citizenship Offering may be integrated ("Education Platform").
We have no responsibility for, nor any liability arising out of:
- the deletion or accuracy of any Institution Inputs; or
- the failure to store, transmit or receive transmission of Institution Inputs.
Do not rely on Content.
The Content on our Digital Citizenship Offering is provided for general information only. Although we make reasonable efforts to update the Content on our Digital Citizenship Offering, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete, or up to date.
Links and Integrations.
Where our Digital Citizenship Offering contains:
- links to other websites and/or third-party Content; and/or
- integrations with third-party solutions (such as your Education Platforms),
these links and integrations are provided for your information / convenience only.
Such links and integrations should not be interpreted as approval by us of those linked websites, integrated solutions or any Content you may obtain from them – and you accept and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to any relevant websites or solutions, or their products or services. You use all links and integrations at your own risk. We have no control over the contents of those websites or solutions nor that Content.
- represent and warrant (on an ongoing basis) that you have entered into and shall maintain an agreement with the provider of your Education Platform which permits CSM; and
- hereby grant us the non-exclusive, royalty-free, transferable and fully sublicensable right and licence (to the fullest extent you are entitled to make such grant),
to integrate and interface with that Education Platform (including your and/or your Educators' or Students' accounts within that Education Platform) to the fullest extent necessary to enable us to provide the Digital Citizenship Offering (including permitting us to access certain Institution Inputs and provide you and your Educators and/or Students with certain Content as required to provide the Services).
Our responsibility for loss or damage suffered by you.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whether direct, indirect, consequential, special or otherwise arising under or in connection with these Terms of Service, including use of, or inability to use, our Digital Citizenship Offering, Content or Services. Without limitation to the foregoing, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation.
- To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our Digital Citizenship Offering, Content or Services.
We are not responsible for viruses.
We do not guarantee that our Digital Citizenship Offering, Content or Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and Digital Citizenship Offering to access our Digital Citizenship Offering, Content and Services. You should use your own virus protection software.
Your responsibility for others.
As between you and us, you shall be liable for the acts and omissions of your Educators and Students as though they were your own acts and omissions.
Entire agreement; no parallel agreements.
In respect of its subject matter, these Terms of Service and any documents referred to in them, constitute the entire agreement relating to your use of the Digital Citizenship Offering, and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between you and us relating to its subject matter.
You agree that, notwithstanding that various individuals may create accounts for the Digital Citizenship Offering and enter into these Terms of Service on your behalf, there will only be one agreement between you and us relating to the Digital Citizenship Offering and the Services, which shall be that formed on the basis of the most-current version of these Terms of Service (as may be varied from time to time).
Breach of these Terms of Service.
When we consider that a breach of these Terms of Service has occurred, we may take such action as we deem appropriate including, immediate, temporary or permanent withdrawal of your right to use our Digital Citizenship Offering, Content and Services and/or immediate, temporary or permanent removal of any Institution Inputs from our Digital Citizenship Offering and/or taking legal action against you.
Law and jurisdiction.
Governing Law. These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.
Jurisdiction. We each irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service and all matters arising from it (including any dispute relating to the existence, validity or termination of these Terms of Service or any contractual or non-contractual obligation).