Terms of Use

PASA's mission is to expand and improve quality expanded learning opportunities (ELO) for Providence youth by organizing a citywide public/private system that offers multiple pathways to learning. The Hub, the high school initiative of PASA, is a citywide approach to building sustainable, high-quality expanded learning opportunities for high school-aged youth in Providence. PASA has developed the website, www.hubprov.com, to allow students to share, connect, reflect, and expand their learning experiences online.

1. Your Acceptance of Terms of Use

The website www.hubprov.com (the “Site”) is provided by Providence After School Alliance (“PASA”). Throughout these terms and conditions of use, the words “we,” “us,” and “our” refer to PASA and its affiliates, and the words “you” and “your” refer to the user visiting the Site and/or contributing content on the Site. These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of the Site. By accessing or using this Site in any manner, you signify your agreement to (1) these Terms of Use, (2) the PASA privacy policy (the “Privacy Policy”), and (3) any other legal notices, conditions or guidelines located within the Site. If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use the Site and exit now. If you wish to become a registered member of the Site, communicate with other members, and make use of certain Site services or features, you must read these Terms of Use and indicate your acceptance of them during the membership registration process.

2. Important Legal Information About Privacy

The terms and conditions of PASA’s Privacy Policy, which is available at www.hubprov.com/privacypolicy apply to your use of the Site, form an integral part of your agreement with us, and are incorporated by reference into these Terms of Use. You should read the Privacy Policy carefully before you use our Site because by using the Site you will be agreeing to everything in these Terms of Use, including the terms contained in our Privacy Policy.

3. Modification to These Terms of Use and Our Site

We may add to, update, delete from or modify the Site at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on the Site or may notify you of such changes. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Site. Any use by you of the Site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

 

HubProv.com Website

A. These Terms of Use apply to all users of the Site, including users who are also registered members. The Site includes all aspects of and pages within www.hubprov.com. The Site Content (defined below) is provided as a courtesy to our users and is intended for general, informational and educational purposes only. All information from this Site is subject to change without notice. PASA permits you to access and use the Site Content for personal, non-commercial purposes only. You may not, however, copy any of the Site Content onto your own web server for any reason without our prior written permission.

B. Certain pages of our Site may allow users to participate in earning digital badges, polls, surveys or answer questions regarding issues or topics within or relating to teaching and education (“Results”). If you participate in the generation of such Results, you hereby grant PASA the right to collect all necessary information and generate, use, publish and post such Results on the Site. PASA reserves any rights over the software, design and implementation of the tools or features used to generate the Results, including all intellectual property rights therein, if any. PASA further reserves the right to limit the use of such features by users of the Site and to discontinue the availability of any Results generating tools or features on the Site at any time, in its sole discretion. PASA makes no representations or warranties regarding the Results. Reliance on any Results provided by using these tools or features is solely at your own risk.

C. The Site may contain links to third-party web sites that are not owned or controlled by PASA. PASA has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party web sites. In addition, PASA is unable and unwilling to censor or edit the content of any third-party web site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each web site that you visit. If you decide to access any other web sites linked to our Site, you do so entirely at your own risk.

D. PASA encourages you to carefully choose the information you upload or post on the Site and provide to others since any User Submissions (defined below) may be accessible and viewable by all other users and by other registered members of the Site. You are strictly prohibited from uploading or posting any information, data or photographs that are false, misleading, defamatory, inaccurate, derogatory, harassing, threatening, abusive, invasive of privacy or publicity rights, contain nudity or otherwise contain unlawful, obscene, lewd, sexually explicit or other subject matter that may be found objectionable by others.

E. Although PASA has no obligation to screen, edit or monitor any of the user Submissions posted to or distributed through the Site, PASA reserves the right to remove, edit or reject any User Submissions at any time, in its sole discretion. Furthermore, PASA may restrict, suspend or terminate any user’s access to all or any part of the Site at any time, for any or no reason, with our without notice and with no liability to PASA whatsoever.

F. Digital Badges: To enable some users to be recognized and potentially connect their learning experience to future college and career applications, PASA developed a digital badge which represents the skills they have gained. Upon successful completion of their ELO program users will receive a digital badge through email. This badge may be used for future job and college applications.

Each badge earned by a user will contain a Persona username, the Issuer’s name, the badge name and other data about what the badge means.

 

5. Site Access

A. PASA hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Site as set forth in these Terms of Use, provided that (except as permitted herein): (i) you will not distribute any part of the Site (other than User Submissions owned by you and any Results generated using information submitted by you) in any medium without PASA’s prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use, the Privacy Policy or any legal notices, conditions or guidelines located within the Site. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Site.

B. In order to access some features of the Site, you will have to create a registered member account with a login and password. PASA generates usernames consisting of first initial and last name and provides a password. Users are instructed to change password and keep new password private. You may never use another member’s account or share your account and password with any other user or entity. [When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate.] You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must notify PASA immediately of any breach of security or unauthorized use of your account by contacting us at info@hubprov.com Although PASA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by PASA or others due to such unauthorized use.

C. You agree that you will not use the Site and the services offered through the Site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifying information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations, or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders” that accesses the Site in a manner that sends more request messages to the PASA servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other users from such prohibited conduct, PASA reserves the right to restrict, in its sole discretion, communications which a user may send through the Site.

6. Intellectual Property Rights

The content on the Site, except all User Submissions (as defined below), including without limitation, the material descriptions, FAQs, newsletters, bulletins, surveys, polls, literature, software, scripts, graphics, photos, interactive features, products, services and the like (“Site Content”) and the trademarks, service marks and logos contained therein, if any, (“Marks”), are owned by or licensed to PASA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Site. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PASA reserves all rights not expressly granted in and to the Site and the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content, User Submissions or Results or enforce limitations on use of the Site or the Site Content, User Submissions and Results therein.

7. User Submissions

A. The Site permits the submission of certain user-generated text, information, data, audio files, videos, graphics, photographs, or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. For example, a registered member may elect to upload, post, store and otherwise make available to other users video presentations owned or licensed by such registered member and other personal or professional information. User Submissions may be published by PASA and viewed by both general users and registered members of the Site. You understand and acknowledge that PASA does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PASA to use all copyrights, trademarks, trade secrets, patents or any other proprietary rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms of Use; (ii) the posting or publication of your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person, school, institution or organization in your User Submission to use the name or likeness of each and every such identifiable person, school, institution or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. You further affirm, represent and warrant that your User Submissions will contain no nudity or sexually explicit content and are not lewd, obscene, defamatory or libelous in any manner whatsoever.

C. As between you and PASA, you will retain all ownership rights in your User Submissions. By submitting a User Submission to PASA, you hereby grant to PASA a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sublicenseable and transferable license to use, post and store your User Submissions on our Site and servers and publish, distribute, publicly perform, create derivatives of and display such User Submissions in connection with the Site and PASA’s (and its successor’s or affiliates) business, including without limitation the right to modify and adapt the User Submission and distribute such User Submissions to other users and third parties for promotional or other purposes in any media formats and through any media channels. In addition, by submitting a User Submission to PASA you hereby grant PASA the right to use your name, user name, image and information in connection with such User Submission. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

D. In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage PASA or any third party; (ii) submit material that is pornographic, hateful, intimidating, racially or ethnically offensive, or constitutes or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, or is otherwise inappropriate; (iii) post advertisements or solicitations of business, including any “junk mail” or “spam,” (iv) impersonate another person, school, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, school, institution, organization or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment. PASA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PASA expressly disclaims any and all liability in connection with User Submissions. PASA does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and PASA will remove all Site Content and User Submissions if properly notified that such Site Content or User Submission infringes on another’s intellectual property rights. PASA reserves the right to decide whether Site Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, violations of rights of publicity or privacy or excessive length. PASA may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In order to cooperate with legitimate governmental requests, court orders or subpoenas, to protect PASA’s systems and users, and to ensure the integrity of PASA’s mission and systems, PASA may access and disclose any information that it considers necessary or appropriate, including, without limitation, Personal Data (as defined in the Privacy Policy) or other user data, IP address and traffic information, usage history, and User Submissions.

E. PASA is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and that as a provider of interactive services PASA is not liable for any statements, representations or User Submissions provided by Users on the Site.

8. Digital Millennium Copyright Act

Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PASA’s designated Copyright Agent for notice of claims of infringement is:

Providence After School Alliance

140 Broadway

Providence, RI 02903

E-mail: info@hubprov.com

Telephone: 401- 490-9599

Fax: 401-228-3915[]

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PASA at info@hubprov.com

You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

B. Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state your are located or the State of Rhode Island and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, PASA shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, PASA may, in its sole discretion, reinstate the removed material or cease disabling such material.

C. In accordance with the DMCA and other applicable law, PASA shall, in appropriate circumstances, terminate access, at PASA’s sole discretion, of any user registered member that PASA finds to be a repeat infringer of others copyrights. PASA may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

9. Member Disputes

You are solely responsible for your interactions with other users or members of the Site. PASA reserves the right, but has no obligation, to monitor disputes between you and other users.

10. Warranty Disclaimer

You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, PASA, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. PASA makes no warranties or representations about the accuracy or completeness of the Site Content, User Submissions or Results or the content of any sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, User Submissions or any Results, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (iv) any errors or omissions in any content or for 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 Site. PASA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Site or any hyperlinked web site.

11. Limitation of Liability

In no event shall PASA, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, Results or User Submissions, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, Site Content User Submissions or any Results, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, or (iv) any errors or omissions in any Site Content, Results or User Submissions, or for any loss or damage of any kind incurred as a result of your use of any Site Content, User Submissions or Results posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not PASA is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that PASA shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

12. Indemnity

You agree to defend, indemnify and hold harmless PASA, its affiliates, and their respective officers, directors, managers, employees and agents (“PASA Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from: (i) your use of and access to the Site, including any User Submissions or Results; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that one of your User Submissions or your use of any Results caused damage to a third party; or (v) your violation of any law. This defense and indemnification obligation will survive these Terms of Use and your use of the Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify PASA Indemnitees.

13. Privacy Protection

The PASA site is not intended for children under the age of thirteen (13). If you are under 13 years of age, then you will not be able to be a registered user, should not use the Site and should exit now.

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PASA without restriction.

15. Governing Law, Location, Entire Agreement

These Terms of Use shall be governed by the laws of the State of Rhode Island and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Rhode Island, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Rhode Island and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Site. These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and PASA regarding the use of the Site and the content and services provided on the Site, superseding any prior agreements between you and PASA relating to the subject matter hereof.

16. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PASA’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Site for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

18. User Suggestion

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to PASA are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. PASA shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

19. Questions; Comments

If you have any questions or comments on this Site or become aware of misuse of the Site by any person, please contact us at info@hubprov.com or at the following address:

 

Providence After School Alliance,

140 Broadway, Providence, RI 02903

Attn: User Comments

 

20. Effective Date

These Terms of Use are effective as of August 12, 2013.

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