Terms of Use

1. Purpose

The General Secretariat of the Organization of American States (the “GS/OAS”) supports the ITEN Teacher Resource Center (“ITEN TRC” or the “Platform”), as part of efforts of the Inter-American Teacher Education Network, which is an initiative of the Department of Human Development, Education, and Employment of the Executive Secretariat for Integral Development of the GS/OAS. ITEN TRC is a space for teachers to share lesson plans and teaching practices using mobile devices. Both types of resources are designed by teachers across the Americas. Because they are catalogued as Open Educational Resources (OERs), anyone can legally and freely copy, use, adapt and re-share them.

2. Agreement

Unless explicitly stated otherwise, by registering, accessing, or using this Platform, including: its services, the communication tools designed to facilitate this use, and any new tool made available by the GS/OAS that alters or improves your use of the Platform (collectively, the “Services”), and any content, data, or information provided as part of the Services (the “Materials”), you are subject to this agreement (these “Terms of Use”). 

If a discrepancy between the text in Spanish and any other language exists, the text in English shall prevail.

3. Usernames

In order to access certain portions and features of the Platform, you may have to create a “username” and complete an account registration process. If you do so, you agree to provide accurate, current, and complete information about yourself as prompted by the Platform's registration forms. You also agree to update your account information in a prompt manner in order to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and username, and are fully responsible for all activities that occur under your password or username.

4. Changes to Terms of Use

The GS/OAS reserves the right to modify these Terms of Use at its sole discretion and at any time, especially when motivated by a change in the functionality of the ITEN TRC. 

Users will be informed of any modification in these Terms of Use through SG/OAS publications on the Platform. By using the ITEN TRC after changes have taken place, Users imply an acceptance of the new Terms and Conditions.

5. Non-exclusive authorization in favor of the GS/OAS

User grants the GS/OAS a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, and/or public performance) any and all Materials that you “Post” (i.e., upload, post, make available, offer, communicate, send, share, or transmit).

6. Creative Commons License (CC-BY-NC 3.0 IGO) - Attribution-Noncommercial 3.0 IGO 

By using ITEN TRC and any of the Materials made available through it, the User agrees to be bound to the terms of the Creative Commons Attribution-Noncommercial 3.0 IGO license (CC BY-NC 3.0 IGO), unless specifically noted in the same Materials the specific terms under which those Materials may be used. To access the complete text of the license agreement CC BY-NC 3.0 IGO and comply with, among others, the following obligations:

To recognize the credits of the work as designated by the GS/OAS (though not in a manner that could suggest association, affiliation, sponsorship or endorsement);
To not utilize the materials for promotional or advertising purposes;
If materials are modified or if derived works are created based on these materials, the User will be able to distribute it only under the same terms that regulate this license. 

The full text of the license (in English) can be found via the following link: http://creativecommons.org/licenses/by-nc/3.0/igo/deed.en

In spite of the aforementioned, the User may not use freely the rest of the incorporated elements or content of ITEN TRC that belongs to the GS/OAS or on which the GS/OAS has an authorization, particularly those that are subject to intellectual or industrial property rights such as the name, acronym, logo, web design, or trademarks of the GS/OAS. Except for purposes of authorial attribution required under the Creative Commons license CC BY-NC 3.0 IGO, the use of these elements will require previous and written authorization of the GS/OAS.

7. Interactive Tools

The ITEN TRC offers spaces for dialogue and other interactive tools that enable Users to Post Services or Materials. The User, when using these interactive tools, commits to abstain from: 

  • Defame, injure, abuse, threaten, harass, stalk, or engage in any other type of conduct that violates the legal rights (such as rights of privacy and publicity) of others;
  • Post any infringing, obscene, indecent, or unlawful materials and information;
  • Misrepresent her/his identity;
  • Collect or store personal information about anyone;
  • Send “spam” email messages to anyone;
  • Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Upload or attach files that contain software programs or other materials protected by intellectual property laws (or by rights of privacy and publicity) without proper authorization;
  • Not include references to authors or legal notifications; delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; falsify the origin or source of software or other material contained in a file that is uploaded, or presenting as their own, informational programs and other materials contained in a file being uploaded to the Platform; and
  • Advertise or sell goods or services, conduct or promote surveys, contests or chain letters on the Platform, or download from the Platform files sent by another User that the User knows, or can reasonably be expected to know, cannot be legally distributed in such manner.

The GS/OAS reserves the right to review, reject, or remove the Services or Materials that you Post at any time, for any or no reason whatsoever, and with or without notice to you.

8. No Endorsement

The User acknowledges that all spaces of dialogue and interaction are a means of public communications and not private.

At the same time, the User recognizes that dialogues and published materials in ITEN TRC are not supported by the GS/OAS and are not considered as reviewed, examined, or approved by the GS/OAS.

This Platform, through its Services and Materials, may contain advice, opinions, statements, findings, interpretations, and conclusions of other Users or various content providers. Unless otherwise expressly indicated, the opinions, statements, findings, interpretations, conclusions, or other information provided by any User of this Platform, or any other person, entity, or content provider, do not necessarily reflect the opinion of the Organization of American States (OAS), the GS/OAS, nor OAS member states. Reliance upon any such opinion, advice, statement, finding, interpretation, conclusion, or other information shall also be at your own risk.

Users may not publicly represent or imply that the GS/OAS is participating in, or has sponsored, approved, or endorsed the manner or purpose of your use of the Services or the use or reproduction of the Materials contained in this Platform.

9. No Warranties and Limitations of Liability

You use the Platform, Services, and Materials at your sole risk. The GS/OAS provides the Platform, Services, and Materials “as is” and “as available.” The Platform and its Services and Materials are provided without any type of warranty, explicit or implied. The GS/OAS expressly disclaims to the full extent permitted by law all warranties of any kind related to the Platform and its Services and Materials, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The GS/OAS will be able to modify periodically the Services and Materials contained in the Platform without previous notice. Under no circumstance will the GS/OAS be held responsible for the loss, damage, harm, and/or expense incurred or suffered which is claimed to result from the use of ITEN TRC or its Services and Materials, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.. In no case will the GS/OAS be held responsible for direct, indirect, incidental, special, exemplary, or consequential damages and/or losses that may arise, even if previously warned.

The GS/OAS will not be responsible for any damage (actual or consequential) or loss that may arise or in a way be related to the use or failure of the Platform or its Services and Materials, including cases arising from inappropriate, improper or fraudulent use, nor will it be responsible for the precision, availability or veracity of the information contained herein. Users specifically acknowledge and agree that the GS/OAS is not liable for any conduct of any user. You hereby release the GS/OAS from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any User. 

The GS/OAS makes no warranty that: 

  • The Platform, Services, or Materials will meet your requirements;
  • The Platform, Services, or Materials will be uninterrupted, timely, secure, or error-free;
  • The results of the Platform, Services, or Materials will be accurate or reliable;
  • The quality of any Services or Materials obtained by you through the Platform will meet your expectations; or
  • The ITEN TRC, its Services and Materials, or communications sent from the GS/OAS will be free of viruses infection or any other program that may affect the operations of computers or systems. 

Some Services and Materials that the User may access through this Platform could be owned by third parties. The GS/OAS does not represents or guarantee the ownership or control of all rights of these Services and Materials and will not be liable to you for any claims brought against you by third parties in connection with your use of any Services and Materials.

The use of ITEN TRC by the User implies the acceptance and obligation by the latter to indemnify the GS/OAS or its personnel for any action, claim, damage, loss and/or expense (including attorneys’ fees),  arising out of your use of this Platform, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use.

10. No Association

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use. You agree not make any public statements that assert or imply any relationship with the GS/OAS, unless you have the GS/OAS' prior written approval.

11. Hyperlinks to Third Party Websites 

It is possible that in ITEN TRC hyperlinks to other sites not belonging to the GS/OAS will be included. The GS/OAS does not control the content, the privacy policies or practices of any linked sites or any link contained in a linked site; therefore, the GS/OAS will not be held liable for them.  The GS/OAS provides hyperlinks such as User help, and the inclusion of a hyperlink does not imply that the GS/OAS approves of the linked website.

12. Termination

The GS/OAS reserves the right to legal action to stop any infringement or violation of these Terms of Use. 

The GS/OAS reserves the exclusive right, at its sole discretion for any reason or no reason at any time and from time to time and with or without notice to you, to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) or to terminate the username and account and/or access of any User to the Platform (or any parte thereof). 

13. Claims Regarding Content and Possible Violations

The GS/OAS will strive to prevent illicit and contrary activities to these Terms of Use in ITEN TRC. However, if the User believes that some information contained in the Platform or its Services and Materials may be violating her/his rights or third party’s rights, including, and not limited to, intellectual property rights, the User must contact the Department of Human Development, Education and Employment of the GS/OAS by sending a detailed description of the alleged violation to the following address:

Department of Human Development, Education and Employment of the GS/OAS
ITEN Teacher Resource Center
1889 F Street, N.W.
Washington, D.C. 20006
United States of America
Electronic Mail: [email protected]

Also, please immediately notify the GS/OAS of any unauthorized use of your password or username or any other breach of security.

14. Privileges and Immunities

None of the dispositions in these Terms of Use constitutes an expressed or implied waiver of the privileges and immunities of the OAS, the GS/OAS, their personnel, and its property and assets, in accordance with the OAS Charter, relevant agreements, applicable national law, or the general principles and practices of international law.

15. Settlement of Disputes and Applicable Law

Any dispute or complaint arising in connection with the application or interpretation of these Terms of Use must be resolved by direct negotiations between the GS/OAS and the User. If a solution satisfactory for both parties cannot be reached, then the parties will submit their differences to arbitration pursuant to the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) or the Inter-American Commercial Arbitration Commission (IACAC). The headquarters of the arbitration will be the city of Washington, D.C., USA. The language in the proceeding shall be English, or in English and Spanish simultaneously. The three arbitrators or, as the case may be, the sole arbitrator shall decide the dispute as amiable compositeur o ex aequo et bono. The arbitrator’s decision shall be final, binding, and without appeal.

The law applicable to these Terms and Conditions and to the arbitral procedures is the law of the District of Columbia, USA.

16. Use of OAS Logo and Name

Users may not use the OAS logo and name without the GS/OAS's prior written consent.

17. Non-Exclusive Agreement

Users acknowledge that these Terms of Use constitute a non-exclusive agreement. The GS/OAS may develop Services that compete with Services that you offer without incurring any liability.

 

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