TERMS OF SERVICE FOR LACUNA
These Terms of Service (TOS) govern the Lacuna website, www.lacunastories.com (the “Site,” which consists of all content and pages located within the lacunastories.com web domain) You should not access or use this Site until you have carefully read and agreed to the following Terms of Service.
Lacuna reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
Use of the Site
User Age and Eligibility
Participation in the Site and use of the Lacuna platform is restricted to those individuals who have registered, who are 18 years of age and over, emancipated minors, or those who possess parental or legal guardian consent, and who are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties herein. By accessing the Site you affirm that you are at least 13 years old and meet the eligibility requirements. This Site is not intended for children under 13. If you are under 13 years of age, do not use the Site. If you have questions about your eligibility, please contact us at email@example.com.
Certain resources may also have additional eligibility requirements as specified in the specific resource description. If you are not eligible for registration and participation or do not agree to the Terms, you may not use the Site.
Access to the Site
While portions of the Site may be available to the general public, portions of the Site are restricted to registered users who meet eligibility criteria. You agree that you will not access any registration-only portions of the Site if you do not meet the eligibility requirements. Lacuna is not responsible for any delay, inability or failure to access the Site due to any cause, including but not limited to acts of God, natural disasters, government orders, labor unrest, malfunction of user hardware or software, interruption in internet service, loss or corruption of data, and unanticipated suspension or cessation of service from any underlying service provider.
In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account (“User Account”). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
Fees and Refunds
Use of the platform may be made available for free or for a fee at the sole discretion of Lacuna. Usage fees, if applicable, are due and payable at the time of registration for the platform or at the time of requesting a service for which a fee is required. Lacuna expressly reserves the right to refuse to permit access to any fee-based resource if the fee is not paid, is cancelled or not processed for any reason. For a period of fourteen (14) calendar days from the date of payment (“Refund Period”), you may withdraw or deregister by clicking on the deregister link and request a refund by emailing firstname.lastname@example.org. Please include your full name and in your email request. Refunds will be credited to the credit card used when you registered and may take up to two billing cycles to process. Lacuna has no obligation to issue a refund after the Refund Period, but if you believe a refund is warranted, please email us at email@example.com.
Resource Modification or Cancellation
The Site may contain errors and omissions. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel, discontinue, reschedule, delay, change instructors or modify any service.
License to use Site Materials
Unless otherwise indicated, the Site and all its content, such as text, images, and the HTML used to generate the pages (“Material”) are the property of Lacuna or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under US or foreign laws. In consideration for your agreement to the terms and conditions contained here, Lacuna grants you a personal, non-exclusive, non-transferable license to access and use the Site and the Material. Registered users may download Material from the Site only for such user’s own personal, non-commercial use. No user may otherwise copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or otherwise transfer any Material or modify or create derivative works of the Material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with User. Some content on the Site is provided by third parties, and the use of that content is subject to rules and restrictions as indicated on the Site. You agree to be bound by all such rules and restrictions.
Modifications to Site
Lacuna reserves the right, for any reason or no reason, at our sole discretion and without notice, to terminate, change, suspend or discontinue any aspect of the Site, including without limitation, information, data, text, music, sound, photographs, graphics, video, messages, Materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules and limits on the use of the Site or restrict your access to part, or the entire, Site without notice or penalty.
Rules for Online Conduct
You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all Response posts, writing, annotations, comments, videos, images, and file uploads. You agree that you will use the Site in compliance with these TOS, the Honor Code and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.
As a condition of your use of Lacuna services, you will not use the Site in any manner intended to damage, disable, overburden or impair any server or the network(s) connected to any Lacuna server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Lacuna server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
The following list of items is strictly prohibited on the site:
POSTING COPYRIGHTED MATERIAL WITHOUT PERMISSION
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material. These materials will be removed, and until that time, the user who uploads these materials is solely responsible for any breach of copyright.
Violations of system or network security may result in civil or criminal liability. Lacuna will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations. You agree that you will not violate or attempt to violate the security of the Site, including without limitation:
The text and other material on the Sites may include the opinion of the specific instructor and are not statements of advice, endorsement, opinion, or information of Lacuna. If you feel you might be offended by the content of the Sites, you should not continue.
Sites may also include the personal opinions and other expressions by Users who post entries on a wide range of topics. Neither the content of the forums, nor the links to other web sites, are screened, approved, reviewed or endorsed by Lacuna or any other related entity. Lacuna is not a publisher of any of the content of the forums, or of any content that may be available through links to and from them.
You may be permitted to submit and distribute materials in connection with your use of a resource (“User Content”). You represent and warrant that any material you submit to the Site, instructors or other Users is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You represent and warrant that you have all the necessary rights and licenses to use the material and to permit use of the material by Lacuna.
You agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Lacuna does not monitor the content of the Site, Lacuna has the right to remove material from the Site, block access, or take other action with respect to the material in its sole discretion.
Grant of license. By your submission of any material, you hereby grant Lacuna an irrevocable, non-exclusive, royalty free, fully transferable, worldwide license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform and publicly display any such submission. You hereby grant Users registered for the same Lacuna resources as you a license to use your User Content (including the right to copy, modify and distribute such content) in conjunction with their use of the platform.
User Status and Statement of Accomplishment
You agree and acknowledge that your access to the Site, use of the platform, and your agreement to these Terms do not confer any right to access or use the resources of Lacuna or establish any relationship with Lacuna or its instructors beyond the Site, and that you are not entitled to any student or academic grievance procedures. You agree that no joint venture, partnership, employment, or agency relationship exists between Lacuna and you as a result of these Terms or your use of the Site.
International Use and Consent to Processing
Lacuna controls and operates this Site within the United States of America, and all information is collected, transmitted, processed and stored within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection, transmission processing and storage of such information in the United States and the use of such information for research by Lacuna and other researchers.
Links to Other Sites
The Site may include hyperlinks to sites maintained or controlled by others. Lacuna is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at other sites. These links do not imply Lacuna’ endorsement of or association with the linked sites. Lacuna is not responsible for and shall in no event be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through those linked sites.
Choice of Law/Forum Selection
The Sites are managed by Lacuna, located in Santa Clara County, California. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Lacuna may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Lacuna. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or cause of action you may have with respect to Lacuna or the Site must be commenced within one (1) year after the claim or cause of action arose.
Disclaimer of Warranties
THESE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LACUNA DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. LACUNA DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, LACUNA DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, (D) THAT YOU WILL BE ABLE TO TRANSMIT OR RECEIVE INFORMATION FROM OR THROUGH THE SITE OR (E) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED.
Limitation of Liability
YOU AGREE THAT LACUNA WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, LACUNA WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EVEN IF LACUNA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF LACUNA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree that: Lacuna, in its sole discretion, may terminate your use of the Site for any reason or no reason and at any time; Lacuna shall not have any liability to you for the termination; and that you are not entitled to any student or academic grievance procedures in connection with such a termination. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to Lacuna.
If you have any questions regarding services provided through the Site, you may contact Lacuna at firstname.lastname@example.org or 4th Floor Wallenberg Hall, 450 Serra Mall, Bldg 160, Stanford CA, 94305, USA. The Public Inquiry Unit of the Office of the California Attorney General may be contacted at P.O. Box 944255, Sacramento, CA 94244-2550.
The logos, names and graphics on the Site of Lacuna and any of its affiliates, may be trademarks of Lacuna and its affiliates. Use, reproduction, copying or redistribution of Lacuna trademarks, without the prior written permission of Lacuna or its affiliates, is prohibited. All other trademarks or servicemarks appearing on the Site are the marks of their respective owners.
Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or Material you may access on the Site, and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or Material, in whole or in part. Any commercial use of the Site is strictly prohibited except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Lacuna. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
You agree to indemnify and hold Lacuna, and its instructors, trustees, officers, agents, employees, and assignees, harmless from any claims, actions, demands, losses or damages, including legal fees, arising out of, resulting from or in any way related to your use of the Site, placement of any content onto a Site or violation of these Terms. You further agree to fully cooperate in Lacuna’ defense against any such claims.
DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe their material has been infringed on the Site should contact Lacuna at email@example.com.
Notification must include:
Lacuna and Other Institutions
Lacuna does not monitor, and is not liable for, breach of contract or honor codes with the institutions or groups that are using Lacuna. The implementation and management of all rules, codes of conduct, and honor agreements are the sole responsibility of the users and administrators of selected topics on Lacuna, and users should refer to those restrictions or rules if using the platform for goals outlined by their respective institutions or groups.
Notices to you may be made via either email or regular mail. Notices to Lacuna should be directed to the address listed below. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on the Site.
Lacuna’ failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without Lacuna’ express prior written consent.
The Terms inure to the benefit of Lacuna’ successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Effective June 14, 2014
USERNAMES AND POSTINGS
Comments, writing, annotations, or other information posted by you to our Responses page, annotations, sewing kit, or other areas of the Site designed for public communications or communications among registered class members may be viewed and downloaded by others who visit the Site. For this reason, we encourage you to use discretion when deciding whether to post any information that can be used to identify you to those forums (or other public or classwide areas).
Some of our Site’s functionality can be used without revealing any personal information; however, for features or services related to use of the platform and participation, personal information is required. If you do not use these specific features or services on the Site, then the only information Lacuna collects will be “Non-Personal Information” (i.e., information that cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed.
In order to access certain features and benefits on our Site, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Lacuna. Inaccurate information may affect your ability to use the Site, the information you receive when using the Site, and our ability to contact you. For example, your email address should be kept current because that is one of the primary means by which we communicate with you.
What You Consent to by Using Our Site
The Information We Collect
We gather the following types of information about users through the Site:
Non-Personal Information. When users come to our Site, Lacuna may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Site. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.
You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions, in the “Help” section of the toolbar, on how to reset the browser to reject cookies. If you reject our cookies, many functions and conveniences of this Site may not work properly.
Collection of Information by Third Parties
We may permit a limited number of authorized third parties, such as analytics partners, to place cookies through the Site to provide us with better insights into the use of the Site or user demographics. These third parties may collect information, including non-personal information, about a consumer’s online activities over time and across different websites when he or she uses our website.
Do Not Track
We do not use technology that recognizes a “do-not-track” signal from your web browser.
How We Use and Share the Information
Please take some time to familiarize yourself with the different ways Lacuna uses and may disclose the information that we gather. We do not share your Personally Identifiable Information with third parties for their direct marketing use.
Non-Personal Information. Lacuna uses Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. Such aggregate information may include but is not limited to video player interactions, views of posts, views and actions on pages, assessment results and completion rates and assignments. We may share Non-Personal Information with service providers and others to assist us in operating and enhancing our programs and site.
Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Site. Lacuna may also archive this information and/or use it for future communications with you.
Forums. Lacuna uses Personally Identifiable Information collected during your use of forums to facilitate your use of the forums. In addition Lacuna may display this information either on the Site and/or in other publications. Lacuna may also archive this information and/or use it for future communications with you and/or your designee(s). Since the forum is open to the public, you may wish to select a username which does not disclose your identity when you post on the forum.
Participation in the Platform. We use the Personally Identifiable Information, including but not limited to username and email address, that we collect from you when you participate in the Site for processing purposes, including but not limited to tracking your use of the Site. Also, Lacuna may archive this information and/or use it for future communications with you. This information may be shared with the content providers or contractors.
Research. We will study Site participation to learn how to enhance both our platform and the online learning experience. Records of your participation may be used by Lacuna for these research studies. Such records may include but will not be limited to: username, email address, home address, postal code, gender, year of birth, forum posts and your interactions with the platform such as annotations, video player usage, forum posts, actions on class pages, assignments, and assessment results. For purposes of research, we may share information we collect from online learning activities, including Personally Identifiable Information (“PII”), with researchers beyond Lacuna. However, your PII will only be shared as permitted by applicable law, will be limited to what is necessary to perform the research and will be subject to an agreement to protect the data. We may also share with the public or third parties aggregated information that does not personally identify you. Similarly, any research findings will be reported at the aggregate level and will not expose your personal identity.
Third Party Sites. We use the Personally Identifiable Information collected from third party sites for research and teaching purposes. To the extent such Personally Identifiable Information contains images of you; you grant Lacuna a limited, non-exclusive right to use, reproduce, distribute, prepare derivative works of or publicly display such images and/or your likeness for educational purposes.
Disclosure to Complete Transactions. We may disclose your Personally Identifiable Information in order to help complete a transaction that you have requested. This may include, for example, disclosure of credit card information to a payment processor.
Disclosure to Our Contractors. Our contractors may have limited access to your Personally Identifiable Information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology, services, marketing assistance, and/or content related to the operation and maintenance of the Site. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Lacuna takes reasonable measures to protect your Personally Identifiable Information from disclosure to or access by third parties. However, no method of electronic transmission or storage is 100% secure. Please note that Lacuna does not guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. Any information that you post on our site or send to us in an email is not secure.
You also play a role in protecting your information. Please safeguard your user name and password and do not share them with others. If we receive instructions using your log-in information we will consider that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Updating or Deleting Your Personally Identifiable Information
You may update or delete your Personally Identifiable Information by logging into the Site and visiting your user account page. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information. You may also submit a request to update your Personally Identifiable Information to firstname.lastname@example.org. We try to answer every email promptly, but may not always be able to do so.
If you do not wish to receive information or other notices from us in the future, you can “opt out” by contacting us at the address indicated at the end of this policy or by following the “unsubscribe” instructions in any communication you receive from us. Please be aware that you are not able to opt out of receiving communications about your account or your transactions with us.
Protecting Children’s Privacy
Lacuna does not knowingly collect or maintain Personally Identifiable Information on our Site from persons under 13 years of age, and no part of our Site is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this Site at any time or in any manner. Lacuna will take appropriate steps to delete any Personally Identifiable Information of persons less than 13 years of age that has been collected on our Site without verified parental consent upon learning of the existence of such Personally Identifiable Information.
Effective date: July 3, 2015