Applicable To All Users

Acceptance of Terms

By using Falcon View Online’s online classroom platform (“Imagine Learning”), you (hereinafter referred to as the “User” or “Users”) agree to all terms, conditions, and notices contained or referenced in these Terms of Use (“Terms”). These Terms apply to your use of Imagine Learning / Falcon View Online and all materials, information, software, content, products, and services that are owned or licensed by Imagine Learning, and included in, or available through, Imagine Learning, as well as any content owned or licensed by a third party content provider that is included in, or available through Imagine Learning with that third party’s permission (“Third Party Content”, Imagine Learning Content and third Party Content, collectively “the Content”). If the User is a minor, they shall be the responsibility of their parent/guardian, who shall ensure that the User adheres to the Terms.

Any Third Party Content uploaded or otherwise made available by a Third Party is and remains the sole property of the Third Party or the Third Party licensors. By uploading or otherwise making available any Third Party Content, you automatically grant and/or warrant that the owner has granted Pearson, the perpetual royalty-free, non-exclusive right and license to use, reproduce, publish, distribute, display, and transmit the Third Party Content through the channel into which you have uploaded or authorized Pearson to upload the Third Party Content. You also permit any User of Imagine Learning Online Classroom with access to that channel, subject to your restrictions, to access, view, store, and reproduce the Third Party Content to the same extent permitted herein. To the extent provided for in the specific terms of the governing agreement between Imagine Learning and the Third Party, Third Party Content may be removed, obscured, altered or modified by the Third Party, subject to the terms and conditions set forth herein with respect to the use of Imagine Learning Online Classroom.

Falcon View Online reserves the right to change these Terms at any time, effective upon posting the updated Terms on the Falcon View Online // Imagine Learning log-in page. The most current version is always available by clicking on the Terms of Use link located at the bottom of the log-in page of Falcon View Online or Imagine Learning websites.

Permitted Use

Imagine Learning is to be used for the purpose of accessing the education program licensed by or for the benefit of the User(s). Falcon View Online grants the User the non-exclusive, non-transferable, limited license to access, visit, use, view, and print the Content, solely for the User’s own personal non-commercial use in connection with such education program, provided the User keeps intact all copyright and other proprietary notices. Use of the Content or materials for any purpose not expressly permitted in these Terms is prohibited.

Users may not (1) remove, obscure, or alter the Content in any way except as agreed to in writing by Falcon View Online, (2) use Imagine Learning in any manner that could damage, disable, overburden, or impair any Imagine Learning / Falcon View Online server or the network(s) connected to any Falcon View Online server, or interfere with any other party’s use and enjoyment of Imagine Learning Online Classroom, (3) gain or attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any Pearson server through hacking, password mining, or any other means, or (4) obtain or attempt to obtain any materials or information through any means not intentionally made available through Imagine Learning Online Classroom.

Any use of Imagine Learning Online Classroom for the following purposes is strictly prohibited. By using Imagine Learning Online Classroom, you agree that you will NOT:

Send, receive, or display pornographic, obscene, sexually explicit material, or any material harmful to minors
impersonate any person or entity (through the use of their password or other means), including any employee or representative of Falcon View Online
copy or distribute content included in Imagine Learning Online Classroom (including postings on the Message Boards, WebMail messages, or curriculum materials, including answer keys) without the owner’s permission
solicit or collect information about the Users or members of this site, especially for the purpose of transmitting, or facilitating transmission of, unsolicited or bulk electronic email or communications
use the school-provided communication services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise)
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property
solicit or collect personal information (including name, address, and phone number) from anyone under eighteen (18) years of age without verified parental consent
display threatening or offensive material, including using swear words, offensive, vulgar, or obscene language
display racist, prejudiced, or discriminatory messages or pictures
violate any state or federal law
reveal another User’s or a minor’s personal address, phone number, or similar information to others without their consent or verified parental consent
violate any copyright, trademark, patent, trade secret, or other intellectual property laws or otherwise use intellectual property of another individual or entity without the owner’s permission—this includes providing links to and including other copyrighted or trademarked material from third parties in Imagine Learning Online Classroom (including posting on the Message Boards or in WebMail messages) without permission as well as using any trademarks, service marks, or other marks in social media or other websites without the owner’s permission
trespass in another’s folders, work, or files
promote commercial activities except as agreed to in writing by Falcon View Online
advertise products or services or engage in political lobbying
defame, harass, insult, abuse, stalk, threaten, attack, or otherwise violate the legal rights (such as privacy and publicity) of another person or interfere with another person’s work, including, but not limited to, sending unwanted WebMail messages or e-mail
provide material support or resources to (or conceal the nature, location, source, or ownership of material support or resources of) any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Each User will have a username and password (the “Log-in Information”) for the purpose of accessing Imagine Learning Online Classroom and the Content. Users must keep all Log-in Information strictly confidential, and all Log-in Information may be used only by the assigned User. Users are responsible for maintaining the security and confidentiality of all Log-in Information and for preventing access to Imagine Learning Online Classroom and/or the Content by unauthorized persons using a User’s Log-in Information. Users are responsible for any and all activities that occur under their account. Users must notify Falcon View Online immediately of any unauthorized use of their account or any other breach of security. Notwithstanding the foregoing, certain employees of Falcon View Online will be permitted to “log in as” someone other than themselves, after receiving the approval of their supervisor and undergoing specific training.

Proprietary Rights

The User acknowledges and agrees that certain of the information available in Imagine Learning Online Classroom is protected by various copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property rights and laws and may only be used as permitted by law and with the permission of the owner. Except as expressly authorized by Falcon View Online, Users may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from or otherwise exploit the Content or features in Imagine Learning Online Classroom in any form or medium. Users are fully responsible for their own use and for ensuring such use does not infringe on the rights of Falcon View Online or third parties. In addition to potential legal action, any unauthorized use including copying or reposting of Falcon View Online or third party intellectual property may result in one or more of the following: termination of access to Imagine Learning Online Classroom, school-based disciplinary action, and/or removal from the school, course offering or program of study.

Copyright Infringement

Content is owned or controlled by Falcon View Online or the third party credited as the provider of the Content, and its contents may not be copied, reproduced, distributed or modified in any way without the express written consent of Falcon View Online. If you have any copyright concerns about any materials posted in Imagine Learning Online Classroom by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). Unless otherwise stated in any specific DMCA designation provided by Pearson, please provide us with written notice (“Notice”) by contacting our Designated Agent at info@wkfalcons.org

To be effective, the Notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Falcon View Online / Wabasha-Kellogg School District to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on Imagine Learning Online Classroom (“Infringing Material”), and information reasonably sufficient to permit Falcon View Online to locate such material on Imagine Learning Online Classroom;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on Falcon View Online // Imagine Learning Online Classroom are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

Imagine Learning Online Classroom contains trademarks and service marks of Falcon View Online and of third parties. These marks may only be used in accordance with Falcon View Online and Imagine Learning’s Trademark Usage Guidelines within the Website Terms of Use on the public website. For permission to use the Falcon View Online name or logo or any other marks outside of the Trademark Usage Guidelines, contact info@wkfalcons.org. Any use of any Falcon View Online or Imagine Learning marks that does not comply with the Trademark Usage Guidelines is strictly prohibited.

Links

Imagine Learning Online Classroom may contain links to other websites or other resources that are provided for the User’s convenience. Unless otherwise noted, these linked sites are not under the control of Falcon View Online and Falcon View Online is not responsible for the content available on third party-linked sites. Falcon View Online makes no representations, warranties, or other commitments whatsoever about any third party websites or third party resources that may be referenced, accessible from, or linked to Imagine Learning Online Classroom. A link to a website does not mean that Falcon View Online endorses the content, the website owner or use of such website. In addition, Falcon View Online is not a party to or responsible for any transactions the User may enter into with third parties, even if the User learns of such parties (or uses a link to such parties) from Imagine Learning Online Classroom. Accordingly, the User acknowledges and agrees that Falcon View Online is not responsible for the availability of such external websites or resources, except where specifically contracted for, and is not responsible or liable for any content, services, products, or other materials on or available from those websites or resources.

Privacy

You agree that your use of Pearson Online Classroom is also subject to the Privacy Policy, which is part of these Terms.

Export Control

Falcon View Online contracts with Imagine Learning and makes no representation that the Content is appropriate or available for use in other locations. If you use Imagine Learning Online Classroom from other locations, you are responsible for compliance with applicable state and federal laws, including, but not limited to, export and import control laws and regulations of the United States. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or connecting to Imagine Learning Online Classroom, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Warranty and Other Disclaimers

Falcon View Online is committed to ensuring the accuracy of all information included in Imagine Learning Online Classroom, subject to the following limitations:

Falcon View Online will use reasonable efforts to keep the information current and to ensure the accuracy or completeness of materials available through Imagine Learning Online Classroom. However, materials available through Imagine Learning Online Classroom are not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or typographical errors.
The User acknowledges that Falcon View Online is not liable for the conduct of any party using Imagine Learning Online Classroom or for any defamatory, offensive, infringing, or illegal materials contained on Imagine Learning Online Classroom or in any Communication Service, and Falcon View Online reserves the right to correct any errors or omissions and remove any materials from Imagine Learning Online Classroom at its sole discretion and without liability of any kind.

Disclaimer of Warranty

USE OF IMAGINE LEARNING ONLINE CLASSROOM OR ANY COMMUNICATION SERVICE IS AT THE USER’S SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FALCON VIEW ONLINE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PEARSON MAKES NO WARRANTIES OR GUARANTEES THAT IMAGINE LEARNING ONLINE CLASSROOM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE USER UNDERSTANDS AND AGREES THAT IF THE USER DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, THE USER DOES SO AT THE USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO THE USER’S COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FALCON VIEW ONLINE OR THE WABASHA-KELLOGG SCHOOL DISTRICT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE PEARSON ONLINE CLASSROOM OR ANY COMMUNICATION SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PEARSON’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Release

THE USER HEREBY RELEASES AND FOREVER DISCHARGES WABASHA-KELLOGG SCHOOL DISTRICT, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO THE USER OR USER’S MINOR CHILD(REN)’S USE OF IMAGINE LEARNING ONLINE CLASSROOM OR ANY COMMUNICATION SERVICE. THE USER UNDERSTANDS THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES TO WHICH YOU OR YOUR MINOR CHILD(REN) MAY HAVE AS A RESULT OF THEIR USE OF IMAGINE LEARNING ONLINE CLASSROOM REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

Indemnification

Upon request by Falcon View Online, the User agrees to defend, indemnify, and hold harmless Falcon View Online and its affiliates, employees, contractors, officers, directors, third party content providers and licensors from all liabilities, claims, and expenses, including attorney’s fees, which arise from the User’s use or misuse of Imagine Learning Online Classroom, Content, or any Communication Services. Falcon View Online reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Falcon View Online in asserting any available defenses.

Governing Law, Choice of Law, and Forum

The use of Imagine Learning Online Classroom shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law rules. The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the User’s use of Imagine Learning Online Classroom shall be filed only in the state or federal courts located in the State of Minnesota, and the User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Except for other agreements signed by the User with Falcon View Online, these Terms constitute the entire agreement between the User and Falcon View Online with respect to use of Imagine Learning Online Classroom. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination of Use

If the User violates these Terms, the User may be barred from future use of Imagine Learning Online Classroom and/or subject to legal action. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of Imagine Learning Online Classroom (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account may include (x) removal of access to all offerings within Imagine Learning Online Classroom, (y) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (z) barring of further use of Imagine Learning Online Classroom. Further, you agree that all terminations for cause shall be made in Falcon View Online or the Wabasha-Kellogg School Districts sole discretion and that Falcon View Online shall not be liable to you or any third party for any termination of your account, or access to Imagine Learning Online Classroom.

Additional Terms Applicable to Users at Falcon View Online

WebMail, Message Boards, School Equipment and Other Communication Services

These terms apply to the use of any school and school-provided equipment.

When using external communication services and/or tools, students must comply with the expectations provided by their teacher, school policies and the Honor Code.

Falcon View Online and the Wabasha-Kellogg School District offers an internal email system, WebMail, through Imagine Learning Online Classroom, as a service to certain Users in connection with those education programs that provide for webmail service. Webmail allows those Users to interact with other Webmail Users. Falcon View Online cannot guarantee the security of any information that such Users disclose in WebMail messages, and the Users do so at their own risk. Sent WebMail messages are accessible only to the author and recipients, as well as other authorized personnel for the purpose of maintaining system integrity and to ensure that Users are acting responsibly and legally as required by these Terms. WebMail messages are also not guaranteed to be private and may be monitored. Messages relating to or in support of illegal or obscene activities or that otherwise violate these Terms may be reported to the appropriate authorities and may result in the loss of privileges, removal from the User’s respective education programs, and/or legal action.

Falcon View Online also operates academic Message Boards located within Imagine Learning Online Classroom to facilitate the exchange of ideas, information, and opinions between Users whose respective education program provides access to Message Boards. These Users may only use the Message Boards for structured clubs, activities, and other educational uses as specified by each school department and as described on each Message Board. The Message Boards contain contributions that represent only the opinions of their respective authors and do not express the opinions of Falcon View Online. Use of the Message Boards is subject to the rules governing their use as provided when accessing them (see also the Links section below).

In addition to the WebMail system and the Message Boards, Falcon View Online may from time to time offer chat areas and/or other message or communication functionality designed to enable Users to communicate with others (each a “Communication Service” and collectively “Communication Services”). The User agrees to use Communication Services only in compliance with these Terms and as described on each Communication Service to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Service.

Any information that you submit to be posted to a Message Board or other Communication Service will be disclosed and available to all Users of that Communication Service and is, therefore, no longer private. We cannot guarantee the security of such information that you disclose or communicate online in public areas, and you do so at your own risk. Falcon View Online does not control or endorse the content, messages, or information found in any Communication Service; therefore, Falcon View Online specifically disclaims any liability with regard to the Communication Services and any actions resulting from a User’s participation in any Communication Services. All participants acknowledge that any reliance upon such content shall be at the sole risk of the person so relying.

Although Falcon View Online has no obligation to do so, Falcon View Online reserves the right (i) to monitor anything posted to a Message Board or other Communication Services or anything sent via WebMail, and (ii) to remove anything which Falcon View Online considers offensive or otherwise in breach of these Terms or for any other reason as Falcon View Online deems necessary in its sole and absolute discretion. Falcon View Online also reserves the right at all times to disclose any information as Falcon View Online deems necessary to satisfy any disciplinary investigation, applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at Falcon View Online’s sole discretion.

Use of School Work, Interviews, Photographs, and Videos

Users may have the opportunity to provide material for inclusion in Imagine Learning Online Classroom. This material may include the submission of work samples; participation in clubs; postings on the Message Boards; text or other submissions for newsletters, newspapers, and yearbooks; writing WebMail messages; etc. Users represent that they own and/or control all of the rights to User’s own material and that the public use of such material will not violate or infringe on the rights of Falcon View Online or any third party.

Users may also have the opportunity to participate in a lesson. Falcon View Online cannot guarantee the security of any information disclosed by voice or text in a lesson session. Any information that a User submits or is captured in a lesson session may be disclosed and available to all Users and is, therefore, no longer private. Parents or legal guardians are responsible for any information disclosed by their minor children.

Lesson sessions may be recorded and used for instructional and demonstrative purposes. The User, for themself or the User’s minor child, hereby agrees to the recording of Lesson sessions in which the User participates. To the extent a User does not wish to participate in a recorded Lesson, recorded sessions are available to the User to view on demand.