Terms & Conditions for Using the SMaLL Portal

SMaLL Terms and Conditions

1.0 Introduction
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SOCIAL MEDIA AND LANGUAGE LEARNING PORTAL (SMALL) PRODUCED BY THE LANGUAGE ACQUISITION RESOURCE CENTER (LARC). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES. 
 

2.0 Acceptable Use
The Social Media and Language Learning Portal (SMaLL) is a free and open resource designed primarily for faculty and students of world language education. SMaLL is built on the collaboration of its partners, community members, registered members, and users. In that spirit, SMaLL allows access to its site and the materials therein for personal and non-commercial uses as set forth in this policy.  Links to online learning materials are catalogued in SMaLL, along with other items such as peer reviews, assignments, lesson plans, and online links. SMaLL is committed to improving the effectiveness of teaching and learning of world languages by expanding access to high quality online teaching and learning materials and tools that can be easily incorporated into faculty-designed courses.

By using SMaLL, you agree to the terms of SMaLL’S Terms and Conditions and promise to use any content found on the SMaLL website, whether in whole or in part, for personal, non-commercial, and educational purposes only as described in this policy. You also agree to comply with prevailing United States laws regarding copyright and the Digital Millennium Copyright Act of 1998.

All issues, disputes actions, or any other matters related the interpretation of the content of this Policy are at the sole discretion of SMaLL.

3.0 Violations of Acceptable Use
The following constitute violations of this Terms and Conditions:

  • Providing services for a fee using SMaLL materials or those materials found on the SMaLL website, with exceptions noted in this policy.
  • Sending unsolicited commercial e-mail or bulk-mail to SMaLL registered members or using a SMaLL email or website address to distribute commercial email.
  • Sending large volumes of unsolicited email or bulk-mail for commercial or non-commercial purposes to SMaLL members, based on collection from the SMaLL website, of SMaLL member data.
  • Using SMaLL services to harm, or attempt to harm, minors in any way.
  • Using SMaLL services or products to make fraudulent offers to buy or sell items or services found at SMaLL.
  • Collecting, either manually or through automated processes (harvesting), SMaLL data.
  • Accessing and using SMaLL member profiles or collecting personal data from or about SMaLL's registered members without proper authorization.
  • Reselling SMaLL products, services, features, or site contents without SMaLL's written permission.

3.5 Violations Related to SMaLL
The following constitute additional violations of this Terms and Conditions:

  • Inappropriate Content:  All content posted to SMaLL public forums must be focused on the topic of higher education or online learning and teaching in general, and users’ experiences and discussions as they relate to these topics.   Content that is not appropriate includes, but is not limited to, advertising (see below), material copyrighted by someone other than the submitter, or any content that is vulgar or obscene or contains adult themes or images.

    Abusive language, name-calling, insults, unsolicited critique, harassment, and personal attacks will not be tolerated. Further, members are prohibited from making posts or comments that encourage this type of behavior. SMaLL reserves the right to singlehandedly take appropriate measures, including deleting content, blocking any member from posting to our site and/or revoking membership for any behavior we determine to be damaging to our community.

 

  • Advertising:  It is not appropriate to advertise any business, products or services on SMaLL public forums, public image gallery or in comments posted to another member’s profiles or blog posts. It is acceptable to mention a business on one’s own profile page or blog posts, but not elsewhere on the website. SMaLL will delete any content construed as advertising.

The posting of discussion topics or replies that do not relate to educational technology or the use of Web 2.0 in education are considered forms of spamming and will be removed.  Whether or not they are important topics in their own right, they potentially detract from the value of SMaLL to its members. It is a little harder to draw hard and fast lines here because SMaLL is a community, but if you are in doubt as to the appropriateness of posting a topic, please contact email the SMaLL Webmaster at small.larc.sdsu@gmail.com.

 

4.1 Giving Credit and Copyright Notice
A statement such as the following must appear with all material attributed from SMaLL publications or from the SMaLL website: "Reproduced with permission from SMaLL - the Multimedia Resource for Learning Online and Teaching (http://www.SMaLL.org). All rights reserved."

4.2 Exclusions
Permission does not extend to items within the site that are reprinted by permission of other publishers and copyright holders. You must obtain separate permissions for these items. It is the responsibility of the user to obtain these permissions; however, SMaLL can provide contact information for these items upon request.

4.3 Links and Framing
All links to SMaLL pages must make clear that the content belongs to SMaLL. Similarly, SMaLL content may not be framed unless it is clear that the content is hosted by SMaLL and the URLs of the framed SMaLL pages are displayed.

4.4 Online Teaching and Learning
Materials reproduced for teaching and learning purposes are subject to the same restrictions as other permission requests - see information about Fair Use and the TEACH Act above.

4.4 Commercial Use
SMaLL materials and services may be used for commercial purposes by obtaining a license for use from SMaLL. Contact the SMaLL webmaster (small.larc.sdsu@gmail.com) for more information.

4.6 Scholarly and Academic Works
Authors of scholarly works and those conducting research associated with SMaLL must follow SMaLL’s Creative Commons licensing policies  and the fair use principles for excerpts from the SMaLL website and publications. Appropriate citations are required.

4.7 Personal Use
SMaLL website materials may not be posted, published, transmitted, reproduced, distributed or in any way used to exploit SMaLL for commercial purposes or use them in any manner inconsistent with this policy.

6.0 User Obligations

6.1 Abide by Applicable Laws
In connection with the use of SMaLL, you are required to abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement.

6.2 Online Communications
You are cautioned that any online communications may not be fully confidential. You should also be aware that federal postal regulations do not protect electronic mail. Also be aware that as a part of their regular duties, SMaLL personnel may access your personal profile, and/or communications for technical or operational purposes. SMaLL may also disclose any information discovered through such access to the extent permitted or required by law.

6.3 Content of Information
You are responsible for any information or materials you place on the SMaLL site. SMaLL has no obligation to, and does not in the normal course of business, monitor or control any material that is or becomes available in SMaLL. SMaLL reserves the right to review any material that is or becomes available on the site. SMaLL reserves the right to refuse to post or to remove any materials that are, in our judgment, unacceptable, undesirable or in violation of this policy.
However, SMaLL has no obligation to exercise such reservation of rights. SMaLL will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. SMaLL may terminate access for content providers or service participants who are found to repeatedly provide material without necessary rights or permissions.
If you believe that your work has been used or copied in a way that violoates this Terms and Conditions, or constitutes copyright infringement, please notify SMaLL in writing as required by the Digital Millennium Copyright Act. For SMaLL to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing SMaLL of an alleged infringement:

  • Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on the site.
  • Describe the material that is claimed to be infringing and provide sufficient information to permit SMaLL to locate that material.
  • Include your contact information: your name, e-mail address, telephone number, and mailing address.
  • Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
  • Certify that the information that you have provided SMaLL is accurate. Attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
  • Include your physical or electronic signature.

Without the information listed above, SMaLL may not be able to act on your complaint promptly or at all.

 7.0 Policy Enforcement
If you know or have reason to believe that there has been a violation of this Terms and Conditions, please contact the SMaLL Webmaster at small.larc.sdsu@gmail.com. Please provide as much information as possible such as:

  • The date and time of the alleged violation.
  • Evidence of the alleged violation.
  • Name, IP address, or URL of alleged violator.

The absence of such information may render SMaLL unable to act upon your report of violation.

8.0 Modifications
This policy may be modified by SMaLL and such modifications will be binding to all registered members of SMaLL, when published on the SMaLL website.

REGISTRATION
a. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or any other applicable jurisdiction.

b.  You may browse the Service without registration, but you understand that some features of the Service may not be accessible to you unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, including a certification that you are over the age of 13 (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SMaLL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMaLL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

9.4 MEMBER ACCOUNT, PASSWORD AND SECURITY
You will define your account with a user name and password as part of the Service's registration process. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to: (i) notify SMaLL immediately of any unauthorized use of your account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session.

9.4 MEMBER CONDUCT
a.  You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SMaLL, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. SMaLL does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

b. You agree not to use the Service to:
i.  upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii.  harm minors in any way;
iii.  impersonate any person or entity, including, but not limited to, a SMaLL official or Voices participant Community Manager (as defined in Section 6 below), or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv.  forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
v.  upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi.  upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii.  upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
viii.  upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix.  disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
x.  interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
xi.  intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
xii.  provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
xiii.  stalk or otherwise harass another person or entity; or
xiv.  reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Service account), use of the Service or access to the Service.

c.  You acknowledge that SMaLL may or may not pre-screen Content, but that SMaLL and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove any Content that is available via the Service. Without limiting the foregoing, SMaLL and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including, but not limited to, any reliance on the accuracy, completeness or usefulness of such Content.

d.  You acknowledge, consent and agree that SMaLL may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (ii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SMaLL and SMaLL Voices, its users and the public.

e.  You understand that the technical processing and transmission of the Service, including your Content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

9.7 RIGHTS TO CONTENT
SMaLL does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SMaLL the following perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Service.

9.8  PRIVACY
a.  SMaLL collects some personal information when you register for the Service and when you use the Service. SMaLL may automatically receive and record information from your computer and browser, such as your IP address, cookie information, software and hardware attributes and the pages you request.
b.  SMaLL may use the information it collects for the following general purposes: to customize any advertising and content you may see, fulfill your requests for products or services, improve our services, contact you, conduct research and provide anonymous reporting for internal and external purposes.
c.  SMaLL does not rent, sell or share personal information about you with other people or non-affiliated organizations except to provide products or services you have requested, when we have your permission, or under the following circumstances:

i.  We respond to subpoenas, court orders or legal process, and we exercise our legal rights or defend against legal claims.

ii.  We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms and Conditions or as otherwise required by law.

iii.  We transfer information about you if SMaLL is acquired by or merged with another entity.

d.  SMaLL may use web beacons to access SMaLL cookies inside and outside our network of web sites and in connection with the Service.
e.  The Service is intended for use by adults only. In connection with the Service, SMaLL does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of 13.

9.9  INDEMNIFICATION
You agree to indemnify and hold SMaLL and its subsidiaries, affiliates, officers, agents, employees, partners, SMaLL members, Service members and participants, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of the Terms and Conditions; (e) or your violation of any rights of another party.

9.10 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SMaLL may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that e-mail messages, message board postings or other Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SMaLL's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SMaLL has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SMaLL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SMaLL reserves the right to modify these general practices and limits from time to time.

9.11 MODIFICATIONS TO SERVICE
SMaLL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SMaLL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9.12  TERMINATION
a.  You agree that SMaLL may, under certain circumstances and without prior notice, immediately terminate your Service account and access to the Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms and Conditions, the SMaLL Acceptable Use Agreement, or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by you (e.g., self-initiated account deletions); (iv) discontinuance or material modification to the Service (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; or (vii) engagement by you in fraudulent or illegal activities.
 

b.  Termination of your Service account may include: (i) removal of access to all offerings within the Service: (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); or (iii) barring of further use of the Service.

c.  You agree that all terminations for cause shall be made at SMaLL's sole discretion and that SMaLL shall not be liable to you or any third party for any termination of your account or access to the Service.

9.13  DEALINGS WITH ADVERTISERS
You agree not to use this Service for any commercial or monetary purposes without authorization of SMaLL.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely your responsibility. You agree that SMaLL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, whether direct or indirect, on the Service.

9.14  LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SMaLL has no control over such sites and resources, you acknowledge and agree that SMaLL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SMaLL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9.14  SMaLL'S PROPRIETARY RIGHTS
a.  You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in, for example, SMaLL Partner/sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by SMaLL Partner/sponsors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, unless such modifications etc. are authorized by SMaLL, or indicated by copyright licenses posted on the Service.

b.  SMaLL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SMaLL for use in accessing the Service.

c.  The SMaLL name and logo are trademarks and services marks of LARC. You agree not to display or use in any manner any SMaLL Mark without SMaLL’s prior written consent.  

9.16  DISCLAIMER OF WARRANTIES
a.  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMaLL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.  SMaLL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMaLL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms and Conditions.

9.17  LIMITATION OF LIABILITY
a.  YOU UNDERSTAND AND AGREE THAT SMaLL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMaLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
b.  YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL SMaLL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
c.  YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS" AND THAT SMaLL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

9.18  NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement.

9.19  COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
a.  SMaLL respects the intellectual property of others, and we ask our users to do the same. SMaLL may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers.
b.  If you believe that your work has been made available on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the Service, please provide SMaLL with the  information below, via email to small.larc.sdsu@gmail.com:
i.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii.  a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii.  a description of where the material that you claim is infringing is located within the Service;
iv.  your address, telephone number and e-mail address;
v.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
vi.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

9.20  GENERAL PROVISIONS
a.  Entire Agreement. The Terms and Conditions constitutes the entire agreement between you and SMaLL and governs your use of the Service, superseding any prior agreements between you and SMaLL with respect to the Service.
b.  Choice of Law and Forum. The Terms and Conditions and the relationship between you and SMaLL shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California with respect to any claims arising from the Terms and Conditions or your use of the Service.
c.  Waiver and Severability. The failure of SMaLL to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

9.21 VIOLATIONS
Please report any violations of the Terms and Conditions, via email, to  small.larc.sdsu@gmail.com.

 
SMaLL has the right, but not the obligation, to monitor and edit or remove any activity or contribution that violates fair use or the TEACH Act. SMaLL takes no responsibility and assumes no liability for any contribution made by the user or a third party.