Terms of Service
Effective: August 6, 2018
Last Modified: January 10, 2019
Thank you for using the New Visions Data Portal. We look forward to working together. Please carefully review the terms outlined in this document before using this website (“Service”).
If you are under the age of 18, you are not allowed to use the Service. Please do not proceed to access this website and contact us immediately to remove your account and associated data, if one is already present.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity.
If you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
Using the Service
- Access to the Service is only provided to individuals at select schools and organizations with legitimate educational interests in student information.
- Please note that a legitimate educational interest is defined as needing access to personally identifiable information (“PII”) of students in order to perform one’s professional responsibilities.
- You agree that you have permission from your Local Education Agency (LEA) and school/organization to enter into this Agreement and to use the Service as part of your institutional operations.
- Subject to all terms and conditions of this Agreement, New Visions For Public Schools grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-transferable license to access and use the Service for your internal, non-commercial, educational purposes.
- Notwithstanding our reasonable attempts to notify users of material changes to the Service, New Visions reserves the right to change, suspend, or discontinue any part of the Services for any reason without notice.
Your Information and Content
- Anything you post, upload, share, store, or otherwise provide through the Service is your "User Submission".
- In order to display your User Submissions on the Services you grant us a royalty-free, irrevocable, and worldwide license for as long as your User Submissions are stored with us.
- All User Submissions posted or transmitted through the Service are the responsibility of the person that posted it, and New Visions will not be liable for any errors or omissions in any content.
- New Visions reserve the right to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission on the Service in whole or in part at any time for any reason with or without notice and without liability of any kind.
- If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. New Visions is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
- When you delete User Submissions you understand that this content may persist in backup copies for a reasonable period of time (but will not be available to others).
- You can stop using our Service at any time, although your User Submissions and associated data will persist for the duration of the contract or relationships New Visions has with your school or office.
- We always appreciate your feedback or other suggestions about the Service, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
- Only approved personnel who are current employees may use the Service.
- Upon termination of your employment you must cease using the Service.
- You will be responsible for maintaining the security of your account, passwords, and any reports generated from the Service.
- You are responsible for uses of your account with or without your knowledge or consent.
- You may never use someone else’s account without permission.
- You may never access data of students that you should not have access to, such as students from a school you do not work with.
- If your account is able to view information that you believe you should not have access to, please email firstname.lastname@example.org immediately so we can investigate.
- You may not share data from the Service with others who do not have a legitimate educational interest in such data.
- You may not transfer your account to anyone else without our prior written permission from your school principal or head of the office.
- Please email email@example.com immediately if you think your account’s security has been compromised so we can help.
- You agree not to do any of these following:
- Use the information derived from the Service for anything other than directly supporting the educational interests of the students represented.
- Infringe, violate or misappropriate another student, school, or Service user’s rights.
- Violate any international, federal, state or local law, statute, ordinance or regulation or which would render New Visions in violation of any applicable laws or regulations, including without limitation FERPA, COPPA, New York Education Law 2-d, or Chancellor’s Regulation A-820.
- Submit User Content that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
- Jeopardize the security of your account in any way, such as allowing someone else access to your account or password.
- Use the Service or its information in any for profit capacity.
- Use the Services for any commercial solicitation purposes.
- Impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
- Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
- Transmit any malicious software agents through the Service.
- Use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional online web browser.
- Copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”.
- Transmit spam, chain letters, or other unsolicited email with information that is made available from the Service.
- Bypass the measures used to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service.
- Modify, publish, transmit, or reproduce creative derivative works based on the Service.
- If you are a school principal or NYC DOE office head:
- You are considered an administrative user of the Service.
- As an administrator you are responsible for ensuring that your staff accesses, transmits, and stores data in a secure manner in accordance with law and NYC DOE mandates.
- You are responsible for ensuring that staff accesses PII only if they have a legitimate educational interest in the information.
- You are responsible for determining which staff members may have access to PII, setting up access controls, and de-provisioning accounts of staff members who are no longer working at your school or office.
- You are responsible for being in compliance with the NYC DOE Official User Guidance for New Visions Data Tools.
Privacy and Security
- New Visions owns all the software, hardware, technology, and user-inputted data used to provide the Service (including proprietary code and third-party software), user interfaces, materials displayed such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Service.
- New Visions will retain all intellectual property rights relating any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service, and you hereby make all assignments necessary to achieve the foregoing.
- These Terms shall be governed and construed in accordance with federal, New York State, and New York City laws.
- Specifically, the following laws govern how we provision and use of the Service:
- Family Education Rights and Privacy Act ("FERPA")
- New York Education Law 2-d
- Chancellor’s Regulation A-820
- The Children's Online Privacy Protection Act (“COPPA”)
- It is important that school personnel not provide User Submission data to New Visions from any student or parent that has opted out of the disclosure.
- New Visions depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of Directory Information or the School Official Exemption for any student information that will be shared.
- New Visions is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient.
- To the extent that school personnel have questions regarding these issues, they should consult NYC Department of Education Office of General Counsel or their school’s governing authority for more information.
Termination and Suspension
- This Agreement shall remain in full force and effect while you use the Service in strict accordance with the terms, conditions, and limitations of this Agreement.
- New Visions may suspend your access to the Service at any time and without notice.
- Either party may terminate this Agreement for any reason or for no reason upon written notice to the other party (email sufficing).
- This Agreement, together with any amendments and any additional agreements you may enter into with New Visions, constitute the entire agreement between you and New Visions concerning the Service.
- If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
- Neither party will hold themselves out to be joint venturers, and neither party is authorized or empowered to act as the agent of the other.
- The Service is provided on an “as is” and “as available” basis.
- Use of the Service is at your own risk.
- To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Without limiting the foregoing, New Visions, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
- Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.
Limitation of Liability
- We can't guarantee the identity of any users with whom you interact with using the Services and are not responsible for which users gain access to the Service.
- The Service may contain links or connections to third party websites or services that are not owned, operated, or controlled by New Visions.
- When you access third party websites or use third party services, you accept that there are risks in doing so and that New Visions is not responsible for such risks.
- To the maximum extent permitted by applicable law, in no event shall New Visions, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this services.
- To the maximum extent permitted by applicable law, New Visions assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content.
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services.
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
- Any interruption or cessation of transmission to or from the services.
- Any malicious software agents that may be transmitted to or through our services by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or
- Content you create or the defamatory, offensive, or illegal conduct of any third party.
- The Service is controlled and operated from US-based facilities, and we make no representations that they’re appropriate or available for use in other locations.
- If you access or use the Service from other jurisdictions, you understand that you are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
- You agree to defend, indemnify and hold harmless New Visions and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Service, including any data or content transmitted or received by you.
- Your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties.
- Your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights.
- Your violation of any applicable law, rule or regulation.
- Any content or information that is submitted via your account.
- Any other party’s access and use of the Services with your unique username, password or other appropriate security code.
- You may not assign, delegate, or transfer these Terms or your rights or obligations or your Service account, in any way (by operation of law or otherwise) without New Visions’ prior written consent.
- We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind New Visions in any respect whatsoever. There are no third party beneficiaries to this Agreement.
- You hereby grant New Visions the right to use your name(s), mark(s), and logo(s) to identify you as a Service user, and otherwise in its publicity and marketing materials, unless you notify New Visions in writing otherwise.
- If at any time you require assistance with using the service, please email firstname.lastname@example.org.
- New Visions will use commercially reasonable efforts to respond to your support requests in a timely manner, but unfortunately can’t promise that it can fix the problem you may be having.