Terms of Service

KaSaMa Teachers Terms of Use

Effective as of 29 January 2020

I. Introduction

This is an Agreement between you and the University of the Philippines National Institute for Science and Mathematics Education Development (hereinafter, “UP NISMED”, “us”, “we”, or “our”), and it outlines important terms that you will agree to as a result of your using the website located at kasamateachers.ph (hereinafter referred to as “the Site”).

When you visit our Site or create an account to access kasamateachers.ph (“KaSaMa Teachers”), you will have access to certain resources and services, including, but not limited to, the option to participate in online interactions, share teaching-learning resources with a community of users, access online professional development sessions, and access documents and resources about science and mathematics education (hereinafter, collectively the “Services”).

In addition to your agreement to be bound by these Terms of Use, you will also agree to be bound by the UP Diliman’s corresponding Privacy Policy and Cookie Policy the terms of which are incorporated by reference.

Please read these terms and conditions of use carefully before accessing, using, or obtaining any materials, information, products or services. By visiting the Site, downloading, using or registering to use our Services, you agree to comply with these rules.

II. Changes to the Agreement

We will make changes to this Agreement from time to time. Any material changes will take effect immediately. Unless explicitly stated otherwise, any new features that augment the current Services, including the release of new Services, shall be subject to this Agreement.

III. Account Registration

A. User Accounts

The Site allows for the creation of accounts (known as “User Accounts”). The creation of a User Account will allow you to access different services and features on the Site.

B. Personal Information Provided

In order to create a User Account, you must provide certain Personal Information as defined in the Privacy Policy portion of this Agreement. All Personal Information will be subject to the terms of our Privacy Policy.

You agree and represent that all Personal Information provided by you at the time of registration is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account. If you provide any Personal Information that is untrue or inaccurate, not current, or incomplete, or if UP NISMED suspects that your Personal Information is untrue, inaccurate, or incomplete, then UP NISMED may, in its sole discretion, suspend, terminate, or refuse future access to the Services or your User Account.

If any of your User Account information changes or if you have reason to believe that your User Account is no longer secure, you must update your account by using the appropriate update mechanism on the Site. UP NISMED is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify UP NISMED immediately. You are responsible and liable for any conduct on the Site under your User Account.

Only the individual assigned to the User Account is permitted to use the password protected Services within UP NISMED. If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to the Services, we reserve the right to terminate access to the Services or your User Account.

IV. Intellectual Property Ownership

UP NISMED owns, or is the licensee to, all right, title and interest in and to the Site and all UP NISMED created materials and UP NISMED created content associated with the Services or its products, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

The trademarks appearing on the Site are owned by UP NISMED or are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.

By utilizing the Services or visiting the Site you agree that you will not violate any of UP NISMED’s intellectual property rights. You will not create any works that incorporate any UP NISMED activity sheets, detailed lesson plans, short-form teacher manuals, hotlists, presentations, assessments, context-free learning objects, except as expressly permitted in Section V of these Terms of Use or as outlined on the Site. You may use material from this Site only for your own personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You will not copy, modify, adapt, translate, publish, reproduce, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter UP NISMED’s copyright notice or any copyright notice fixed by a third party content owner, trademarks or other proprietary rights notices that may be affixed to or contained within the Site.

A. Creative Commons Licenses

Select material on the Site is designated with a specific Creative Commons License and you may use that material as provided in the applicable Creative Commons License. Learn more about the different types of licenses, license deeds and license code by visiting http://creativecommons.org/licenses/. For any work not designated as free to use under a creative commons license, contact UP NISMED as outlined in Section XX to seek written permission to use such works.

V. UP NISMED Owned Content, Curated Content, and User Created Content

As part of the Services, UP NISMED will provide the user with access to a variety of educational resources, including but not limited to activity sheets, detailed lesson plans, short-form teacher manuals, hotlists, presentations, assessments, context-free learning objects, modules, and articles that were developed and owned by UP NISMED (“UP NISMED Owned Content”), or curated by UP NISMED from reputable sources with proper permission obtained where necessary (“ Curated Content”). Users may download and use these UP NISMED Owned Content and Curated Content “as is” for their own personal use OR users may: (i) create certain desired changes to tailor his or her own teaching-learning resources to his or her own needs using UP NISMED Owned Content or Curated Content; or (ii) create their own teaching-learning resources using the UP NISMED Owned Content and Curated Content as only a guide for their own personal use.

A. User Created Content

As an important community feature of the Site, you can add your own content, either through the Site’s designated administrators, or by directly uploading to the Site given proper authorization. The content that a user uploads to the Site in the aforementioned manner shall be considered “User Created Content.” UP NISMED will not claim ownership of such User Created Content.

As a user who adds User Created Content to the Site, you represent and warrant that you own or have a license, right or other type of permission to use and exploit such User Created Content in all manner contemplated herein. You agree to indemnify and hold UP NISMED, and its affiliates and assignees harmless from any demands, loss, liability, claims or expenses, and attorney’s fees made against us by any third party arising out of or in connection with your User Created Content.

As user, you acknowledge, further, that UP NISMED and its designees, reserve the right, but shall have no obligation to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Created Content in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

B. Content Standards

These content standards apply to any and all material which you contribute to our site (Discussions, Resources, Stories), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any contribution as well as to its whole.

We will determine, in our discretion, whether a contribution breaches the content standards.

A contribution must:

Be accurate (where it states facts).

Be genuinely held (where it states opinions).

Comply with the laws applicable in the Philippines and in any country from which it is posted.

A contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

VI. Grant of Limited Licenses

Subject to your compliance with this Agreement, UP NISMED grants you a non-exclusive, non-transferrable, royalty-free, revocable, world-wide limited license, subject to certain limitations outlined herein, to use the UP NISMED Teaching-Learning Resources and to access and use the Site and Services using a Web browser.

The User hereby grants to UP NISMED, a non-exclusive, royalty-free, irrevocable, world-wide license in and to your User Generated Content. Such license of your User Generated Content will allow UP NISMED to use, reproduce, transmit, copy, exhibit, display, print, publish, and otherwise use the User Generated Content.

VII. Site Availability and Updates

While UP NISMED strives to ensure that the Site and the Services are available as close to 100% of the time as possible, it cannot guarantee that the Site and the Services will be available for use at any given time.

UP NISMED acknowledges that it may need to perform maintenance activities for the Site and the Services as may be necessary or appropriate from time to time, including bug fixes, software updates, feature updates, and the addition of new UP NISMED Teaching-Learning Resources. In most instances, there will be no interruption to the functionality of the Site or Services.

If UP NISMED reasonably determines that maintenance activities will require an unavailability or outage of the Services or the Site for an excess of 3 days, UP NISMED will provide a notice of scheduled downtime on the Site at least one week before the scheduled outage.

UP NISMED will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours. In the event that the Site or the Services are unavailable due to technical reasons, force majeure, or for scheduled maintenance or downtime, UP NISMED shall use commercially reasonable efforts to ensure that such downtime will be as minimal as possible.

VIII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE”, UP NISMED AND ITS AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. UP NISMED AND ITS AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE. UP NISMED AND ITS AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. YOU HEREBY AGREE TO RELEASE UP NISMED, ITS AFFILIATES AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES.

IX. INDEMNIFICATION

YOU WILL INDEMNIFY AND HOLD HARMLESS UP NISMED, ITS AFFILIATES AND ASSIGNS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES, FROM ANY CLAIM MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THIS SITE AND SERVICES, ANY ALLEGED VIOLATION OF THE TERMS OF USE, AND ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. UP NISMED RESERVES THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, BUT DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

X. Rules of Usage

You may not provide to or post any User Created Content on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Site or the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent.

You may not provide to or post any User Created Content on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, solicitation of sex).

User Created Content does not reflect the views of UP NISMED. UP NISMED does not have any obligation whatsoever to monitor, edit, or review any User Created Content on the Site. UP NISMED will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

XI. Use by Minors Prohibited

The Site and the Services are directed to adults. They are not directed to minors or children of any age. This requirement will be posted wherever we collect data within the Site, such as during the registration process.

XII. FERPA

UP NISMED complies with the United States Family Educational Rights and Privacy Act of 1974 (FERPA), which is a federal law that protects the privacy of student education records. While users are free to upload student work or projects as part of their own User Created Content, it is solely the user’s responsibility to ensure that there is no personally identifiable information about any student contained therein.

IN THE EVENT THAT YOU UPLOAD ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS UP NISMED, AS WELL AS ITS AFFILIATES AND ASSIGNEES, FROM ANY CLAIM ARISING OUT OF THE UPLOADING OF ANY STUDENT PROGRAMS, WORK SAMPLES, IMAGES, PROJECT MATERIALS OR PROJECTS.

In the event that there is personal information about a student included as part of any User Created Content, UP NISMED reserves the right to remove the content immediately and without notice to the user.

In the event that there is personal information about a student included as part of any User Created Content, UP NISMED reserves the right to remove the content immediately and without notice to the user.

XIII. Third Party Web sites

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over those third-party services and contents.

XIV. Coursework with Universities or other Academic Institutions

While the coursework of any courses you are enrolled in may be available through the Site, the terms and conditions of any academic credit offered are governed by a separate third-party university and all terms of use associated with the website for that particular university or other academic institution, as well as all intellectual property ownership rules and guidelines for that university or other academic institution shall apply.

XV. Notice of Infringement Claims

UP NISMED respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact UP NISMED as outlined below with the following information in a written notice in writing or electronically:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
  3. Your address, telephone number and e-mail address;
  4. 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;
  5. A statement by you under penalty of perjury that the 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;
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Please direct the information to:

The Director
National Institute for Science and Mathematics Education Development
University of the Philippines
Attn: KaSaMa Teachers Community
Science Teacher Training Center
Quirino Avenue
UP Campus, Diliman, Quezon City
1101 Philippines
Email: nismed.upd@up.edu.ph

XVI. Suspension of Access to the Site

UP NISMED has the right to terminate and/or suspend your ability to access the Site and the Services for any or no reason, without notice.

XVII. Arbitration

You agree to arbitrate all Disputes between you and UP NISMED, its affiliates and assigns, except disputes relating to UP NISMED’s intellectual property rights. The term, “Disputes”, means any action or other controversy between you and UP NISMED concerning the Services or this Agreement, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

In the event of a Dispute, you must send written notice detailing the Dispute to UP NISMED at the below address to determine whether the Dispute can be resolved immediately. If the Dispute cannot be resolved, the same shall be referred to arbitration, in accordance with the Philippine Law on Arbitration. The decision arising from such arbitration shall be final and binding. No legal action may be instituted in any court, quasi-judicial or administrative body unless arbitration has been availed of by you and UP NISMED. However, should the dispute between you and UP NISMED reach the courts of law, you agree that the competent courts of Quezon City shall have exclusive jurisdiction over the same.

XVIII. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

XIX. Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.

XX. Contact UP NISMED

Please direct any inquiries or complaints as outlined in this Agreement to the below address:

The Director
National Institute for Science and Mathematics Education Development
University of the Philippines
Attn: KaSaMa Teachers Community
Science Teacher Training Center
Quirino Avenue
UP Campus, Diliman, Quezon City
1101 Philippines
Email: nismed.upd@up.edu.ph

If you do not agree to the above terms and conditions, you are forbidden from utilizing the Site or registering for the Services.

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