The Educator Collaborative’s Study Series “Group Viewing Video License”

Simple Language Version

By registering for a Study Series seat, The Educator Collaborative is granting you the limited right to view the Sessions you have registered for and invite colleagues to sit with you. We are granting this in an effort to promote collaboration and professional learning among you and your colleagues. We believe we learn best together. Here we outline what this means in simple language. Note that there are a number of limits to what you can and can’t do, we are doing this to protect your purchase, the work of presenters and our organization.

With this License you may:

• Invite colleagues from your own school or organization to bring chairs and sit with you while watching the live or recording of the Session(s) you have registered for. This could be a small or large group, but must be colleagues from you employing school or organization.
  • Note: Only registered members of sessions have access to a The Educator Collaborative provided Certificate. We are only able to maintain records, required by many districts, for members enrolled and logged into our sessions. If you are viewing with us who are not enrolled directly with us we cannot provide additional Certificates, we suggest you speak with your district about ways their time can be documented.

There are limits to this License, which include:

• The Educator Collaborative and/or session presenters own all copyrights and reserve all rights to the content presented.
• You may only share with colleagues from your school or organization.
  • For example: You may invite your grade level team or even entire department to watch with you. However, you may not travel to other schools or districts and show all or part of the recording.
• This License is single organization or single school-based and does not extend to a full district. Any school interested in Group Viewing would need to register for a seat.
• You may not charge any fee of any kind for others to view with you.
  • For example: You may not sell tickets, ask for a donation, or be in the midst of conducting business for any school or organization other than your employer (such as performing consulting or speaking work).
• You may not record, download, or otherwise save for future use all or any portion of any Session’s video, including live and recorded formats.
• You may not broadcast or rebroadcast beyond the provided live stream or provided recording log-ins.
  • For example: You may have your grade level colleagues pull up a chair and sit next to you in a classroom to watch. However, you may not broadcast your live stream to screens throughout your district. You also may not record a broadcast on your own device and show that recording to others.
• You may not share your log-in information for live stream or recordings with anyone.
• For the purposes of this License we define “colleagues” as employees of the same school or organization of which you are also employed.
  • For example: Fourth grades teachers from your school are considered “colleagues” you can share with. However, independent contractors that work with your school, teachers from a neighboring district, or students in college course you teach are not considered “colleagues.”

If you have any questions or a unique situation you would like to discuss, please contact us.

Failure to comply with the expectations set forth herein may result in any or all of the following, including but not limited to: canceled registration without refund; canceled registrations for any offerings for other members of the same organization, school, or district; legal action.

 

The Educator Collaborative’s Study Series “Group Viewing Video License”

Legal Language Version

THIS AGREEMENT (the “Agreement”) is made and entered into effective as of the date of registration for the related professional development offering (the “Effective Date”), by and between the The Educator Collaborative, LLC, a New York Limited Liability Corporation (the “Licensor”) and the registrant and his or her employing organization (the “Licensee”).

RECITALS:

(A) Licensor owns all proprietary rights in and to the copyrightable and/or copyrighted works contained in the related professional development offering, incorporated herein by reference, and hereinafter collectively known as the “Work”, and has the exclusive right to license to others the right to produce, copy, make, sublicense or sell the Work.

(B) Licensor owns all rights in and to the Work and retains all rights to the Work, which are not transferred herein, and retains all common law copyrights and all federal copyrights which have been, or which may be, granted by the Library of Congress.

(C) Licensee desires to obtain, and Licensor has agreed to grant, a license authorizing the use of the Work by Licensee in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration as set forth herein, Licensor and Licensee agree as follows:

1. Grant of License.

(A) Licensor hereby grants to Licensee, in accordance with the terms and conditions of this Agreement, a non-exclusive, non-transferrable license to use the Work in the course of its business and for its own internal business purposes as described in section 5 (“Use of the Work”), and for no other purpose whatsoever without the express written permission of the Licensor. Licensee shall not sell or distribute the Work in any way.

(B) Licensee shall not sell, grant sub-licenses or distribute the Work in any way without the prior express written approval of Licensor.

(C) Licensee hereby accepts such license and agrees that Licensee shall not use the Work except in accordance with the terms and conditions of this Agreement. Licensee acknowledges and agrees that the license granted herein is non-exclusive and that Licensor may license others to use the Work.

2. Ownership of the Work. Licensee acknowledges that Licensor is the sole and exclusive owner of the Work and of all associated federal intellectual property registrations and pending registrations, as applicable, and Licensee shall do nothing inconsistent with such ownership. Licensee further agrees that it will not claim ownership rights to the Work, or any derivative, compilation, sequel or series, or related Work owned by or used by Licensor. Licensee agrees that nothing in this Agreement shall give Licensee any right, title, or interest in the Work other than the right to use the same in accordance with the terms of this Agreement. Licensee agrees not to make similar derivatives of the Work. Licensee admits the validity of all copyrights for the Work and all associated intellectual property registrations, and acknowledges that any and all rights that might be acquired by Licensee because of its use of the Work shall inure to the sole benefit of Licensor.
3. Term and Termination.

(A) This Agreement shall commence as of the Effective Date and shall continue in full force and effect until the viewing period for the related professional development offering has concluded as defined on the registration website.

(B) Licensor may terminate Licensee’s rights upon breach of any terms of this agreement and may take action including, but not limited to: revoking registration without refund, seeking legal action, and other means.

(C) Upon termination or expiration of the license granted under this Agreement by operation of law or otherwise, all rights, including the right to use the Work, privileges and obligations arising from this Agreement shall cease to exist.

4. Use of the Work.

(A) Licensor shall have control over the quality of use of the Work and the quality of any goods and/or services sold under or related to the Work.

(B) Licensee is expressly permitted to view Work on a screen of any size during the Licensor’s broadcast and on-demand period.

(C) Licensee is expressly permitted to invite “employees” (as defined by United States law) of the same individual and uniquely identified school, however not multiple schools within a school district and not multiple schools within the same building or campus even if the building or campus is uniquely named, or individual and uniquely identified department within an organization, however not subsidiary organizations, to physically sit in the same room and also view the Work during the live broadcast or on-demand viewing period.

(D) Only the registered Licensee may request documentation of completed clock hours and only by completing the steps described on our website. Licensor makes no claim to maintain records or document clock hours for non-registered parties, even those viewing with Licensee.

5. Limitations to Use of the Work.

Licensee is expressly limited by the following exceptions to section 4. Any of the following will constitute a breach of contract.

(A)  Licensee may not share the Work with anyone outside of those individuals defined in section 4. This includes restrictions on, but not limited to: no viewing by members of other schools or department of an organization, even if said employees are employed by the same district or parent organization; no viewing by independent contractors and other non-employees; no viewing by students within a course; no traveling to other schools or organizations and sharing with those employees, independent contractors, or others.

(B) Licensee may not record, download, or otherwise save for future use all or any portion of the Work.

(C) Licensee may not charge any fee to other individuals or groups, including restrictions on, but not limited to: no ticket sales; no request for donations; and Licensee may not be in the course of conducting paid business such as performing consulting or speaking work.

(D) Licensee may not share log-in information to access the Work with any individual or group, including user name, passwords, or links.

(E) Licensee may not broadcast or rebroadcast the Work beyond the Licensor provided log-in, including but not limited to: broadcasting on multiple screens within a build or across buildings; or simulcasting to other individuals or groups.

6. Indemnification.

(A) Licensee shall fully indemnify, defend, and hold harmless Licensor from and against any and all claims, losses, damages, expenses, and liability — other than those for infringement, including without limitation, suits arising from offering, promoting, advertising, sale, or use by Licensee, or any of its authorized sublicenses, of the Work, whether or not such use conforms to standards set by Licensor, provided that such claim, loss, damage, expense, or liability does not arise from the negligence of Licensor.

(B) Licensor has the right, but shall not be obligated, to obtain and maintain federal intellectual property registration of the Work. In the event that Licensee becomes aware of any claimed or alleged infringement of the Work by a third party, Licensee shall promptly advise Licensor in writing of the nature and extent of such infringement or dilution. Licensor has no obligation to take any action whatsoever in the event that any infringement or dilution occurs with respect to the Work, but Licensor shall have the sole right to determine whether any action shall be taken. In the event Licensor sues or takes other action, legal, equitable, administrative, or otherwise, to stop an infringement or dilution of the Work, Licensee shall cooperate fully with Licensor. Licensee has no right to enforce the Work through litigation without prior written authorization of Licensor. In any legal action arising from use, or ownership rights of the Work, where both Licensor and Licensee are co-parties, Licensor retains the right to control the litigation, including any and all settlement negotiations.

7. Assignment.This Agreement (including, without limitation, the license granted hereunder) is personal to Licensee and shall not be assigned or transferred by Licensee, including, without limitation, by operation of law. Any attempt on the part of Licensee to assign, sub-license, or transfer Licensee’s rights under this Agreement, except as provided herein, shall be invalid and void. Licensor shall have the right to assign and/or license its rights and obligations under this Agreement and all its right, title and interest in the Work without the consent of Licensee.
8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of State of New York without regard to the conflicts of laws rules thereof.
9. Independent Business Relationship.Licensor and Licensee are independent entities and are not and shall not be construed as joint venturers, partners, employer/employee, or agents of the other, and neither shall have the power to bind or obligate the other, except as set forth in this Agreement.
10. Miscellaneous.

(A) This Agreement constitutes the entire agreement and understanding of the Licensor and Licensee with respect to the subject matter hereof, superseding any and all prior agreements, understandings, negotiations, and discussions. No amendment, alteration, modification, or waiver of this Agreement shall be binding unless evidenced by an instrument in writing signed by the party against whom enforcement thereof is sought.

(B) If any provision of this Agreement, or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provisions to any other persons or circumstances, shall not be affected thereby.

(C) This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document.

 

AS the Licensee has registered for the Works and indicated his or her Agreement to these Terms before finalizing the registration,

NOW, THEREFORE and IN WITNESS WHEREOF, both parties have executed this Agreement as of the date of registration.