Welcome, and thank you for your interest in OHM Learning Network, which is owned and operated by Oneida-Herkimer-Madison BOCES.

 

The following Terms of Service are a legal contract between you, an individual subscriber, customer, member, or user (“You”), and Oneida-Herkimer-Madison BOCES regarding your use of the OHM Learning Network. Users of the OHM Learning Network are referred to individually as “User” and collectively as “Users”. The Term 'Account' is used for the OHM BOCES Learning Network Account and the SNAP Account. The SNAP Resource Catalog is the Oneida-Herkimer-Madison BOCES video Catalog of streaming of digital content. The video streaming content includes more than 50,000 titles in digital format. In order to use streaming media content in the OHM Learning Network, users must be a member of a OHM Learning Network which also subscribes to the SNAP Media service.

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE OHM Learning Network, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO use the OHM Learning Network, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE OHM Learning Network.

 

1. Eligibility; Accounts. The OHM Learning Network IS not available to ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By using or registering an account for the OHM Learning Network, You represent that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the OHM Learning Network; and (c) that your registration and your use of the OHM Learning Network is in compliance with any and all applicable laws and regulations.

 

1.1 Account. In order to use the OHM Learning Network, you must register for a OHM Learning Network account. You will be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to OHM Learning Network, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, or password), then You agree to immediately notify the OHM Learning Network Staff. You may be liable for the losses incurred by Oneida-Herkimer-Madison BOCES or others due to any unauthorized use of your OHM Learning Network.

 

1.2 Authentication Service. OHM Learning Network may permit You to use the platform with certain third party social networking services, such as Facebook Connect and Twitter (“Authentication Service”). By utilizing the Social Networking Sharing feature of the OHM Learning Network, using an Authentication Service, you agree that OHM Learning Network may access your account information from the Authentication Service and you agree to any and all terms of use of the Authentication Service regarding your use of the OHM Learning Network via the Authentication Service. You agree that any Authentication Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Authentication Service as a result of accessing using the Authentication Service.

 

1.3 Child Member. If you are a User of the OHM Learning Network that is under the age of 13 (“Child Member”), you may not register an account for the OHM Learning Network without consent and approval from your legal parent or guardian. A Child Member that begins the registration process for himself or herself without a Parent Member may have the registration process restricted until a Parent Member, or a Teacher (as defined below) as the case may be, approves or assumes responsibility for the Child Member account. Additionally, a Child Member may use the OHM Learning Network if registered through certain educational organizations that have entered into a relationship directly with Oneida-Herkimer-Madison BOCES and through which educational organization the legal parent and/or guardian of such Child Member has consented to use of the OHM Learning Network. A Child Member that has registered through such external educational organizations will only be permitted to use the OHM Learning Network for so long as Oneida-Herkimer-Madison BOCES reasonably believes that such access has been consented by the Child Member's parent of guardian.

 

1.4 Parent Member. If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child Member of the OHM Learning Network, You may request to register a parent account on the OHM Learning Network (“Parent Member”). If you are a Parent Member you may create, register, manage and approve Child Member accounts only for your own children, or children for whom you are a legal guardian. A Parent Member account, along with all associated Child Member accounts, may be terminated by Oneida-Herkimer-Madison BOCES at any time and without warning for any failure to abide by these Terms. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD MEMBER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD MEMBER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD MEMBER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE OHM Learning Network BY THE CHILD MEMBER. You acknowledge that Oneida-Herkimer-Madison BOCES may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Oneida-Herkimer-Madison BOCES deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Oneida-Herkimer-Madison BOCES reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT ONEIDA-HERKIMER-MADISON BOCES CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND ONEIDA-HERKIMER-MADISON BOCES IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT MEMBER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD MEMBER OR A TEACHER DURING REGISTRATION IS SUCH CHILD MEMBER’S ACTUAL PARENT OR GUARDIAN.

 

1.5 Teacher/Administrative Staff Member. Oneida-Herkimer-Madison BOCES may make available certain features and tools that permit certain Users to connect with students through the OHM Learning Network in order to provide tutorial, educational and similar services to Users (such as, for example, representatives of school districts, schools, teachers, and other educators) (each a “Teacher”). If you are a Teacher, you may register accounts on the OHM Learning Network for one or more of your students solely using the applicable registration mechanism made available by Oneida-Herkimer-Madison BOCES for Teachers on or through the OHM Learning Network. IF YOU ARE A TEACHER AND YOU REGISTER AN ACCOUNT FOR ANY CHILD MEMBER, YOU REPRESENT AND WARRANT THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD MEMBER’S PARENT OR LEGAL GUARDIAN FOR YOU TO REGISTER THE CHILD MEMBER FOR THE OHM Learning Network AND FOR YOU TO PROVIDE TO ONEIDA-HERKIMER-MADISON BOCES THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD MEMBER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD MEMBER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE OHM Learning Network BY THE CHILD MEMBER, FOR SO LONG AS THE CHILD MEMBER IS NOT OTHERWISE ASSOCIATED WITH OR ASSUMED BY A VALID PARENT MEMBER ACCOUNT. You hereby agree to indemnify, defend and hold harmless Oneida-Herkimer-Madison BOCES against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of any provision, representation or warranty this Section 1.5; (b) the use of the OHM Learning Network by the Child Member; (c) your failure to obtain sufficient parental or legal guardian consent; or (d) your registration of the Child Member.

 

2. Privacy Notice. Your privacy is important to Oneida-Herkimer-Madison BOCES. The OHM Learning Network’s Privacy Policy is hereby incorporated into the Terms by reference. Please read this Privacy Policy carefully for information relating to The OHM Learning Network collection, use, and disclosure of your personal information. If you are a User that requests help from a Teacher, you hereby acknowledge that Oneida-Herkimer-Madison BOCES may disclose your information to the Teachers associated with your account.

 

3. Modification of the Terms. Oneida-Herkimer-Madison BOCES reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Oneida-Herkimer-Madison BOCES will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Oneida-Herkimer-Madison BOCES makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

 

4. Prohibited Conduct. BY USING THE OHM Learning Network YOU AGREE NOT TO:

4.1 use the Learning Network or any related services, including any OHM Learning Network API, for any commercial use or purpose unless expressly permitted by Oneida-Herkimer-Madison BOCES in writing, it being understood that the Learning Platform and related services are intended for personal, non-commercial use only;

4.2 use the OHM Learning Network for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Learning Platform as such services are offered by Oneida-Herkimer-Madison BOCES;

4.3 rent, lease, loan, sell, resell, sub-license, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 6, below);

 

4.4 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

4.5 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

4.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the OHM Learning Network accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Learning Network, or perform any other similar fraudulent activity;

4.7 delete the copyright or other proprietary rights notices on the OHM Learning Network, Licensed Educational Content, Licensed Educational Code, or User Content;

4.8 assert, or authorize, assist, or encourage any third party to assert, against Oneida-Herkimer-Madison BOCES or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Learning Platform;

4.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the OHM Learning Network. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

4.10 use the OHM Learning Network for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

4.11 defame, harass, abuse, threaten or defraud Users of the OHM Learning Network, or collect, or attempt to collect, personal information about Users or third parties without their consent;

4.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the OHM Learning Network Platform, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the OHM Learning Network, or features that enforce limitations on the use of the Learning Network, Licensed Educational Content, Licensed Educational Code, or User Content;

4.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Learning Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

4.14 modify, adapt, translate or create derivative works based upon the OHM Learning Network or any part thereof, except and only to the extent expressly permitted by Oneida-Herkimer-Madison BOCES herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or

4.15 intentionally interfere with or damage operation of the OHM Learning Network or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.