Terms and Conditions
Big Picture Learning
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and non-commercial use. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material on the Site is prohibited without Big Picture’s prior written permission. You may download or copy any downloadable materials displayed on Site for home, noncommercial and personal use only; provided, however, that you maintain all copyright, trademark and other notices contained in such material and you agree to abide by all additional copyright notices or restrictions contained in any material accessed through the Site.
Use of information or communications available through the Site for any commercial, public or political purposes is strictly prohibited. Prohibited activities include, but are not limited to, solicitations for commercial services, cold-calling of any kind or mass-mailings for commercial purposes. Information available through the Site may be used for specific personal and Big Picture-related purposes only.
NO UNLAWFUL OR PROHIBITED USE
You agree that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the network(s) connected to the Site or interfere with any other party’s use and enjoyment of the Site or any services made available on the Site. You may not attempt to gain unauthorized access to any service, computer system or network connected to the Site, through hacking, password mining or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or by Big Picture.
You agree that you shall not restrict nor inhibit any other user from enjoying the Site. Posting of obscene materials or use of obscene language, posting of vulgar materials, or use of vulgar language, or use of abusive, defamatory, profane, or threatening language of any kind, will constitute a violation of these policies governing the use of the Site. Additionally, you shall not upload, transmit, distribute or otherwise publish any materials containing a virus or any other harmful component.
Big Picture is not responsible for screening communications from users posted on the Site in advance, and may not actively monitor the use of the Site. For this reason, it is essential that you report any abuses or misuse of the Site to Big Picture. If Big Picture determines that a user’s participation on the Site creates a liability for Big Picture or that the user has violated the policies set forth herein, Big Picture reserves the right, in its sole discretion, to take legal actions against said user. Big Picture reserves the right to expel a user and deny a user further access to the Site if such user violates these policies or any applicable laws or regulations.
LIABILITY AND INDEMNITY
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) posted by a user on the Site or on any other site or platform provided or hosted by Big Picture, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. To any extent that Big Picture does not control certain Content posted on this Site, except as otherwise provided herein, Big Picture does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Big Picture be liable in any way for any Content, including but not limited to any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available to you through the use of the Site.
Big Picture does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful material. To the fullest extent permitted by the law, Big Picture disclaims all warranties, including the warranties of merchantability, non-infringement, and fitness for particular purpose. In no event shall Big Picture or any subsidiary, agent or affiliate thereof be liable for any damages whatsoever, including without limitation, incidental, consequential or punitive damages, resulting from the use of or inability to use information or materials available on the Site.
By using the Site, you agree to indemnify, defend and hold harmless Big Picture and its subsidiaries, agents and affiliates from and against any and all losses, claims, damages, costs and expenses that may arise from your use of the Site or your breach of these policies. Big Picture will provide notice to you of any such action or claim, and reserves the right to participate, at our expense, in the investigation, settlement and defense of any such action or claim.
It is the express intention of Big Picture to comply in all respects with The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) with respect to the protection of the privacy of student education records. Pursuant to FERPA, parents (or eligible students over the age of 18) have the right to inspect and review any educational records pertaining to their child/them and maintained by Big Picture. Parents or eligible students have the right to request that Big Picture correct records which they believe to be inaccurate or misleading. Except in certain specific circumstances, organizations subject to FERPA regulations must have written permission from the parent or eligible student in order to release any information from a student’s education record. However, except as otherwise provided herein, or unless a parent or eligible student requests otherwise, Big Picture may disclose (including without limitation upon the Site), without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. For additional information you may contact Big Picture, or contact the U.S. Department of Education’s Family Policy Compliance Office at 400 Maryland Avenue, SW Washington, D.C. 20202-5920.
In addition to the foregoing, it is Big Picture’s express intent to comply in all respects with applicable laws relating to the use and/or collection of information relating to minors. To that end, but without limitation hereby, the use, terms and conditions of this Site and the content herein may be subject to the provisions of the Children’s Online Privacy Protection Act (COPPA). Please be therefore advised that this site may contain information pertaining to children under the age of 13.
This information is collected by Big Picture, Inc., located at 325 Public Street Providence, Rhode Island, 02905, Ph: (401) 752-3442, www.bigpicture.org, for the specific and sole use of furthering Big Picture’s educational reform mission. To the extent any such information shall be personally identifiable to any minor, it shall only be used with verifiable prior parental consent. Except as otherwise agreed by such consent, any said information is held in confidence by Big Picture, not provided to any non-approved third parties, and subject to Big Picture’s best reasonable efforts at maintaining the privacy and confidentiality of personally identifiable information. All disclosures of such information are voluntary and no disclosure of any personally identifiable information is a prerequisite of the use of this site or the Services. Any parent of a child under 13 may request access to their child’s posted information by contacting Big Picture, may ask to have any of their child’s information deleted, and may request that no personally identifiable information for their child be collected in the future.
Please note that Big Picture may revise these policies and your continued use of the Site constitutes your agreement to comply with such modifications. You should review the policies periodically to ensure that you are familiar with them.