1.1 Acceptance of Terms
SkillsCommons.org provides its service to you subject to the following
Terms of Service (TOS), which may be updated by us from time to time
without notice to you.
1.2 Description of Service
SkillsCommons.org is a freely available online repository that allows
educators, students, and industry partners to discover and adopt open
educational resources created under The Trade Adjustment Assistance
Community College and Career Training (TAACCCT) program. You agree that
the Service may include certain communications from SkillsCommons.org,
such as service announcements and administrative messages.
1.3 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
SkillsCommons.org has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, or incomplete,
SkillsCommons.org 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).
1.4 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
SkillsCommons.org 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.
1.5 Content License
Each individual work uploaded by a contributor in the SkillsCommons.org
Repository is offered for license to you by the author of that work on
the terms and conditions set forth in the specific open content license
associated with that individual work. You are required under U.S.
copyright law, the equivalent laws of other countries, and
international treaties to respect the copyrights of those authors and
to use their works subject to the terms and conditions of their
respective licenses and applicable law. You may only copy, modify,
distribute and otherwise use the works in the Repository in accordance
with a license to do so or as may otherwise be permitted under
applicable law. SkillsCommons.org does not claim ownership of Content
you submit or make available for inclusion on the Service.
SkillsCommons.org does not undertake any obligation to review or
monitor any content submitted to the Repository and shall not have any
responsibility or liability in connection therewith. SkillsCommons.org
may remove content if it is deemed appropriate to do so by the
SkillsCommons.org Project, in their sole discretion, including, but not
limited to, to comply with law or legal process, to respond to third
party complaints, to enforce the terms and conditions of use, or to
protect the SkillsCommons.org Project.
1.6 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 SkillsCommons.org, are
entirely responsible for all Content that you upload, post, email,
transmit, or otherwise make available via the Service.
SkillsCommons.org 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, email, 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
SkillsCommons.org official 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, email, 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, email, 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, email, 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, email, 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;
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. SkillsCommons.org and its designees shall have the right to remove
any Content that violates the TOS 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 SkillsCommons.org 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 TOS;
iii) 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
SkillsCommons.org and 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.
1.7 Privacy
a. SkillsCommons.org collects some personal information when you
register for the Service and when you use the Service.
SkillsCommons.org 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. SkillsCommons.org 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. SkillsCommons.org 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 TOS, or as otherwise required by law.
iii. We transfer information about you if SkillsCommons.org is acquired
by or merged with another entity.
d. SkillsCommons.org may use web beacons to access SkillsCommons.org
cookies inside and outside our network of websites and in connection
with the Service.
e. The Service is intended for use by adults only. In connection with
the Service, SkillsCommons.org does not promote online to children and
does not intentionally collect any personally identifiable information
from children under the age of 13.
1.8 Indemnification
You agree to indemnify and hold SkillsCommons.org and its subsidiaries,
affiliates, officers, agents, employees, partners, SkillsCommons.org
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 TOS; (e) or your violation of any rights of another party.
GOVERNMENT ENTITIES: If you are a Government Entity within the United
States; meaning an agency or instrumentality operating under color of
federal law, and/or an agency or instrumentality operating under state
law or municipal ordinance, including all agencies, boards, and
commissions in the executive branch of such governments, the foregoing
provisions of this Agreement regarding indemnification, to which you
are prohibited from agreeing to as a matter of law, are hereby waived.
1.9 General Practices Regarding Use and Storage
You acknowledge that SkillsCommons.org may establish general practices
and limits concerning use of the Service, including, without
limitation, the maximum number of days that email messages, message
board postings, or other Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by
an account on the Service, the maximum size of any email message that
may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on SkillsCommons.org’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 SkillsCommons.org 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 SkillsCommons.org reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
SkillsCommons.org reserves the right to modify these general practices
and limits from time to time.
1.10 Modification to Service
SkillsCommons.org 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
SkillsCommons.org shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Service.
1.11 Termination
a. SkillsCommons was initially created for the U.S. DOL funded TAACCCT initiative.
As of January 1, 2019, SkillsCommons is considered a separate entity from the TAACCCT
program. If TAACCCT grantees whose projects have been completed wish to
update and improve their already submitted materials to SkillsCommons,
they can contact support@skillscommons.org to create an account for the
person(s) responsible for uploading the updated and improved version to
the collection. The original submission will be archived by the SkillsCommons Team.
TAACCCT Grant deliverables that were uploaded to SkillsCommons.org
may not be deleted by grantees after the TAACCCT grant project has completed.
Submissions to SkillCommons.org are deliverables of the TAACCCT grant
project. According to the Solicitation for Grant Applications (SGA), the
Department of Labor considers curricula, course materials, teacher guides,
and other products developed with grant funds to be considered grant
deliverables. Many of these items were identified in each grantee’s statement
of work as deliverables and to be submitted to the Department according to
the workplan or prior to the end of the period of performance. Additional
materials not identified in the original statement of work but produced
with grant funding should also be uploaded to SkillsCommons. For example,
if recruitment and outreach materials, student support materials,
supplemental instructional materials, etc. was produced with grant funding,
you should upload these materials as well. Retrieved 6/10/2016
from: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-13-10.pdf pgs. 54 (.iii) & 75 (4).
b. As of January 1, 2019, high quality workforce development materials
vetted by subject matter experts and meeting accessibility compliance
requirements may be uploaded to the collection’s resources.
Contact support@skillscommons.org for further instructions.
c. 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.
d. You agree that all terminations for cause shall be made at
SkillsCommons.org’s sole discretion and that SkillsCommons.org shall
not be liable to you or any third party for any termination of your
account or access to the Service.
1.12 Links
The Service or third parties may provide links to other World Wide Web
sites or resources. Because SkillsCommons.org has no control over such
sites and resources, you acknowledge and agree that SkillsCommons.org
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
SkillsCommons.org 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.
1.13 SkillsCommons.org’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,
SkillsCommons.org 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 SkillsCommons.org 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 SkillsCommons.org or indicated by
copyright licenses posted on the Service.
b. SkillsCommons.org 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 neither 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 SkillsCommons.org for use in accessing the Service.
c. SkillsCommons.org shall indemnify and hold harmless You from any
damages awarded in a settlement or by a final court decision (including
reasonable attorney’s fees and costs in connection therewith) arising
from any claim of infringement of a validly issued United States
patent, copyright or trademark or any claims of misappropriation of a
trade secret in the United States asserted against You by a third party
based upon Your authorized use of Intellectual Property provided that
You provide sufficient notice of such claim to allow SkillsCommons.org
to respond without prejudice. Further, You shall cooperate fully with
SkillsCommons.org. If Your use of the Intellectual Property is found
to be in violation of a validly issued patent, copyright or trademark,
or if SkillsCommons.org believes that such a finding is likely to
occur, Your sole and exclusive remedy against SkillsCommons.org is for
SkillsCommons.org, at its sole discretion, to either: 1) procure the
right for You to continue to use the Intellectual Property; 2) replace
the existing Intellectual Property with substantially similarly
functioning programs and documentation; or 3) refund Your fee for use
of the Intellectual Property.
d. The SkillsCommons.org name and logo are trademarks and services
marks of SkillsCommons.org (the “SkillsCommons.org Marks”). You agree
not to display or use in any manner any SkillsCommons.org Mark without
SkillsCommons.org’s prior written consent.
1.14 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. SKILLSCOMMONS.ORG 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. SKILLSCOMMONS.ORG 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 SkillsCommons.org OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
1.15 Limitation of Liability
a. YOU UNDERSTAND AND AGREE THAT SkillsCommons.org 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 SKILLSCOMMONS.ORG 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 SkillsCommons.org 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, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
c. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” AND
THAT SkillsCommons.org 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.
1.16 No Third-party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
1.17 Copyright or Intellectual Property Infringements
a. SkillsCommons.org respects the intellectual property of others, and
we ask our users to do the same. SkillsCommons.org 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 SkillsCommons.org with the information below,
via email to support@SkillsCommons.org:
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 email 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;
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 are authorized to act on the
copyright or intellectual property owner’s behalf.
1.18 General Provisions
a. Entire Agreement. The TOS constitutes the entire agreement between
you and SkillsCommons.org and governs your use of the Service,
superseding any prior agreements between you and SkillsCommons.org with
respect to the Service.
b. Choice of Law and Forum. The TOS and the relationship between you
and SkillsCommons.org 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 TOS or your use of the Service.
c. Waiver and Severability. The failure of SkillsCommons.org to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the
TOS 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 TOS shall remain in full force and effect.
1.19 Violations
Please report any violations of the TOS via email to support@skillscommons.org
=======================================================================
This work is licensed under a Creative Commons Attribution 4.0
International License.
This workforce product was funded by a grant awarded by the U.S.
Department of Labor’s Employment and Training Administration. The
product was created by the California State University, Office of the
Chancellor/MERLOT and does not necessarily reflect the official
position of the U.S. Department of Labor. The U.S. Department of Labor
makes no guarantees, warranties, or assurances of any kind, express or
implied, with respect to such information, including any information on
linked sites and including, but not limited to, accuracy of the
information or its completeness, timeliness, usefulness, adequacy,
continued availability, or ownership.
If you have questions regarding these terms please contact the system administrators at support@skillscommons.org