StrataLogica


Terms of Use

Printable Version

Last Updated: August 1, 2015

YOU SHOULD ASSUME THAT EVERYTHING CONTAINED WITHIN STRATALOGICA.COM, HEREAFTER REFERRED TO AS STRATALOGICA, ARE COPYRIGHTED WORKS OWNED BY SOCIAL STUDIES SCHOOL SERVICE (DBA NYSTROM EDUCATION), INC. (“Social Studies School Service (DBA Nystrom Education)”). OR ITS THIRD PARTY LICENSORS. IT IS NECESSARY THAT YOU OBTAIN A LICENSE TO USE STRATALOGICA. THE TERMS OF THE LICENSE ARE STATED BELOW. READ THESE TERMS. BY USING OR SUBSCRIBING TO STRATALOGICA, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Use of StrataLogica. During the term of the license, and subject to your compliance with this Agreement, Social Studies School Service (DBA Nystrom Education) grants each subscriber classroom, including its faculty and students, a non-exclusive, non-transferable license to access to services, content, and webpages at www.stratalogica.com/ (together, “StrataLogica”) and use StrataLogica for school education purposes. The StrataLogica content may be reproduced and distributed solely for the development of internal school documents, assignments, reports, or electronic presentations, except to the extent that StrataLogica provides an external forum for sharing its content. You may use StrataLogica on more than one computer at a time in accordance with the conditions of this Agreement.

Use of the StrataLogica Application with Apple® Devices. During the term of the license, and subject to your compliance with this Agreement, Social Studies School Service (DBA Nystrom Education) grants each subscriber classroom, including its faculty and students, a non-exclusive, non-transferable license to access to download and use the StrataLogica Application (“the App”) for school education purposes. The App is designed for use with certain Apple, Inc. (“Apple”) devices and by downloading or using the App, you acknowledge that You have also reviewed and accepted Apple’s iTunes Store Terms and Conditions (which may be available at: http://www.apple.com/legal/itunes/us/terms.html#APPS); Apple’s Privacy Policy (which may be available at http://www.apple.com/privacy); Apple’s Licensed Application End User License Agreement (“LAEULA”): (which may be available at http://www.apple.com/legal/macapps/stdeula/), and any other relevant agreements required by Apple from time to time. For the purposes of the LAEULA these Terms are a “valid end user license agreement between You and the Licensor of that App Store Product.”

Use of the StrataLogica software with SMART™ Devices. During the term of the license, and subject to your compliance with this Agreement, Social Studies School Service (DBA Nystrom Education) grants each subscriber classroom, including its faculty and students, a non-exclusive, non-transferable license to access to download and use certain StrataLogica software compatible with certain software, services, and devices provided by SMART Technologies ULC (the “Smart Compatible Software”) for school education purposes. The Smart Compatible Software is designed for use with certain SMART™ software, services, and devices, including the SMART™ Board and Notebook and by downloading or using the Smart Compatible Software, you acknowledge that you have also reviewed and accepted SMART Technologies ULC’s Terms and Conditions (which may be available at: http://exchange.smarttech.com/terms.html), and any other relevant agreements required by SMART Technologies ULC’s from time to time.

Changes to the Terms or StrataLogica. Social Studies School Service (DBA Nystrom Education) may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms on the StrataLogica, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using StrataLogica if you do not agree to the amended terms, and to provide Social Studies School Service (DBA Nystrom Education) notice to remove you from any distribution lists or other communication list that are available to you through registration on this StrataLogica. YOUR CONTINUED USE OF STRATALOGICA OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.

Social Studies School Service (DBA Nystrom Education) may at any time and from time to time to modify or discontinue, temporarily or permanently, StrataLogica, the App, or any portion thereof. Social Studies School Service (DBA Nystrom Education) shall not be liable to any User or other third party for any such modification, suspension or discontinuance. Social Studies School Service (DBA Nystrom Education) may from time to time add services,features or web properties to StrataLogica, and unless otherwise indicated, all such services, features and materials are subject to and governed by these Terms.

Privacy. The StrataLogica privacy policy is available here and is incorporated herein by this reference.

Submitting Works By You. By submitting or placing any content or works on StrataLogica (in any form whatsoever) (“Submissions”), you hereby:

  • grant Social Studies School Service (DBA Nystrom Education), its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees and other such parties as Social Studies School Service (DBA Nystrom Education) may designate from time to time, which may include any or all other users of StrataLogica, a royalty free, perpetual, irrevocable, worldwide,non-exclusive, sub-licensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish your name in connection with your Submissions, at Social Studies School Service (DBA Nystrom Education)’s option, and waive your moral rights with respect to any such Submission. You also waive any moral rights you may have in the Submissions in favor of Social Studies School Service (DBA Nystrom Education), its licensees and sub-licensees. You acknowledge that this license cannot be terminated or the waiver revoked by you once the Submission is submitted to StrataLogica.
  • represent and warrant that you own or have secured all legal rights necessary for the content to be used on StrataLogica by you and others as described in this Agreement;
  • represent and warrant that each person identified, depicted, or shown in an image in your Submission, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Submission on and through StrataLogica;
  • represent and warrant that your Submissions do not violate any laws or otherwise infringe any rights of others.

Submitting Works Of Others. By submitting any content or works not created by you on StrataLogica, you hereby:

  • represent and warrant that you have secured all necessary rights for Submissions not created by you or that the submission of the content is otherwise permitted by law, including, for example, the law of fair use;
  • acknowledge that all content made available through StrataLogica is the sole responsibility of the person from whom the Submission originated. YOU ARE USING SUCH SUBMISSION AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. Social Studies School Service (DBA Nystrom Education) does not control the Submissions provided by others to StrataLogica, and can therefore not guarantee the accuracy, quality, integrity or ownership of such content;
  • acknowledge that you may be exposed to content that you find offensive or indecent, or for which the underlying rights have not been properly obtained;
  • acknowledge that Social Studies School Service (DBA Nystrom Education) assumes no responsibility for content posted by third parties which is available through StrataLogica or the Services made available through StrataLogica; and
  • agree that you are solely responsible for your use of the Submissions and any disputes you may have with others regarding such Submissions.
  • Agree that Social Studies School Service (DBA Nystrom Education) will not be held liable in any way for any user or other third-party content, including, but not limited to, claims of infringement, defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via StrataLogica.

Links to Other Content and Sites. If you cannot secure the right to submit other’s works on StrataLogica, you may be able to hyperlink to such content without implicating the laws of copyright. You represent and warrant your submission or posting of links (or otherwise directing others on StrataLogica) to other sites and content does not violate any law, ordinance, regulation, or rights of any other party.

You understand that Social Studies School Service (DBA Nystrom Education) is not responsible for the submission and posting of hyperlinks by others and by selecting links to sites and content outside of StrataLogica, you understand that Social Studies School Service (DBA Nystrom Education) has no control over such sites and content and is therefore not responsible for the same.

Prohibited Conduct and Restrictions on Use. Unless you have received prior written authorization from Social Studies School Service (DBA Nystrom Education), users of StrataLogica may not:

  • distribute or disclose your password or otherwise provide access to the StrataLogica program to others;
  • reproduce, distribute, publicly display or perform, of content created using StrataLogica to others outside of the subscriber school’s students and teachers, except by means of and within the limits established for the StrataLogica Community;
  • reproduce, distribute, publicly display or perform, modify, or make derivative works of the StrataLogica program or software code, in whole or part;
  • use any StrataLogica or third party content for commercial use without the prior written authorization of Social Studies School Service (DBA Nystrom Education) and any additional copyright holders.
  • redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make StrataLogica program;
  • reverse engineer, decompile or otherwise attempt to extract the source code of StrataLogica or any part thereof, unless this is expressly permitted or required by applicable law;
  • use StrataLogica, its content, or any component thereof for any commercial purpose or products;
  • include personally identifiable information of others in your Submissions; or
  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in StrataLogica or its content.
  • Upload, post, email, otherwise transmit, or post links to material may be unlawfully infringing, offensive or menacing, abusive, defamatory, libelous, threatening, harassing, obscene or contain material considered pornographic or otherwise harmful to children under 18 years old.
  • Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Upload, post, email, otherwise transmit, or post links to any content judged to be inappropriate for children under 18 years old.
  • Upload, post, email, otherwise transmit, or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way. See the StrataLogica Privacy Policy for further details.
  • Collect or store personally identifying information about other users for commercial or unlawful purposes.
  • Impersonate any person or entity, including, but not limited to, a Social Studies School Service (DBA Nystrom Education) official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through StrataLogica.
  • Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
  • Any material disclosed with the purpose of violating copyrighted software or circumventing protections on copyrighted software or subscription websites.
  • Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of StrataLogica.
  • Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any content regarding any raffle, contest or game requiring a fee by participants.
  • Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, any rules and regulations having the force of law.
  • Advertise, offer for sale, or sell any item using StrataLogica.
  • Upload, post, email, otherwise transmit, or post links on the Community page in violation of the Community guidelines.

Social Studies School Service (DBA Nystrom Education)’’ Obligations. Social Studies School Service (DBA Nystrom Education) has no obligation to review, monitor, or remove Submissions or other materials, except as required by law. However, you may report content or Submissions that you believe violates these Terms or is otherwise unlawful by sending an email to StratalogicaSupport@nystromeducation.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for material or willful misrepresentations. If you are uncertain whether an activity is unlawful, we recommended seeking advice of an attorney.

Supervisor Obligations. Subscriber classrooms, including relevant faculty, administrators, and curriculum supervisors, agree to make all reasonable efforts to ensure student users’ compliance with the terms of this Agreement.

Expiration or Termination of Access and Participation. Your privilege to use or access StrataLogica and/or Services may be terminated by Social Studies School Service (DBA Nystrom Education) immediately and without notice and without refund if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using StrataLogica and Services and agree not to re-register or otherwise make use of, or attempt to use, StrataLogica or Services. Furthermore, you acknowledge that Social Studies School Service (DBA Nystrom Education) reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access StrataLogica or Services. You understand that Social Studies School Service (DBA Nystrom Education) may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Social Studies School Service (DBA Nystrom Education).

Due to the subscription structure of StrataLogica, use of StrataLogica, its components, documentation or any part thereof, is prohibited when the term of the subscription expires or is otherwise terminated. All files obtained through StrataLogica must be erased from former subscriber(s) hard drive, desktop, and from any discs or software downloaded and created by subscriber(s). Continued use of StrataLogica, its components or documentation, or any part thereof, is a breach of the terms of this Agreement and a violation of copyright laws.

You acknowledge that Social Studies School Service (DBA Nystrom Education) may refuse to post and can modify or remove any information or content, in whole or in part, that it, at its sole discretion, violates these Terms, the purpose of StrataLogica, otherwise deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful, or for any other reason at all.

Use of services and components of StrataLogica is strictly prohibited to anyone other than the registered subscriber and its students and teachers. StrataLogica and its content and components are subject to copyright and other intellectual property rights owned by or licensed to Social Studies School Service (DBA Nystrom Education). You may be held liable for any use of StrataLogica or its content other than as permitted in this Agreement. StrataLogica includes the Cesium open source system and the use of this feature is governed by Cesium. StrataLogica does not control and is not liable for any disruption, unavailability, changes, or discontinuance of Cesium.

Notice and Procedure for Making Claims of Copyright Infringement. Social Studies School Service (DBA Nystrom Education) respect the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.

Notifying Social Studies School Service (DBA Nystrom Education) of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “StrataLogica: DMCA Notification Dept.” at StrataLogicacopyrightagent@nystromeducation.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located or found on the website or Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Providing Social Studies School Service (DBA Nystrom Education) with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide StrataLogica with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at StrataLogicacopyrightagent@nystromeducation.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.

Warranties and Disclaimers. EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, NEITHER SOCIAL STUDIES SCHOOL SERVICE (DBA NYSTROM EDUCATION) NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE PRODUCT WILL OBTAIN ANY PARTICULAR RESULT. IN THE EVENT OF A FAILURE TO PROVIDE THE PRODUCT OR ANY DEFECT IN THE PRODUCT, THE SOLE REMEDY OF SUBSCRIBER AND USERS SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SUBSCRIPTION TO THE PRODUCT (PRORATED TO TAKE INTO ACCOUNT THE TIME THE PRODUCT WAS AVAILABLE). IN NO EVENT SHALL SOCIAL STUDIES SCHOOL SERVICE (DBA NYSTROM EDUCATION)’S LIABILITY EXCEED SUCH AMOUNT, EVEN IF SOCIAL STUDIES SCHOOL SERVICE (DBA NYSTROM EDUCATION) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOCIAL STUDIES SCHOOL SERVICE (DBA NYSTROM EDUCATION) BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE PRODUCT (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.

You acknowledge that Social Studies School Service (DBA Nystrom Education) has no control over, and no duty to take any action regarding: other users’ behavior; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release StrataLogica from all liability for you having acquired or not acquired content through StrataLogica. StrataLogica makes no representations concerning any content, including the accuracy thereof, contained in or accessed through StrataLogica, and Social Studies School Service (DBA Nystrom Education) will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through StrataLogica. STRATALOGICA, ITS CONTENT, AND THIRD PARTY CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Social Studies School Service (DBA Nystrom Education) cannot guarantee that you will obtain the results you seek or warrant that the StrataLogica service will be error-free. Social Studies School Service (DBA Nystrom Education) makes no representation or warranty of any kind with respect to use of StrataLogica or the use or accuracy of the information on StrataLogica.

Indemnity. You will indemnify and hold harmless Social Studies School Service (DBA Nystrom Education), its subsidiaries, affiliates, customers, vendors, licensors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to, or use of StrataLogica, violation of the Terms of Use by you, or the infringement by you, or any third party using your login information, of any intellectual property or other right of any person or entity.

General Terms. These Terms are a complete statement of the agreement between you and Social Studies School Service (DBA Nystrom Education), and set forth the entire liability of Social Studies School Service (DBA Nystrom Education) and your exclusive remedy with respect to your access and use of StrataLogica. Any waiver or modification of the terms herein by Social Studies School Service (DBA Nystrom Education) must be in a writing signed by an authorized officer of Social Studies School Service (DBA Nystrom Education) and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. This agreement is made under, and will be construed according to, the laws of the state of California, without reference to the choice of law principles thereof. The exclusive jurisdiction for any litigation required to resolve any disputes under this Agreement shall be in the courts of California, and each of the Parties consents to the jurisdiction of such courts in California and waives objection to venue laid therein. The Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. Social Studies School Service (DBA Nystrom Education) reserves the right at all times to disclose any information as Social Studies School Service (DBA Nystrom Education) deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Social Studies School Service (DBA Nystrom Education)’s sole discretion.

Trademarks. STRATALOGICA, SOCIAL STUDIES SCHOOL SERVICE (DBA NYSTROM EDUCATION), NYSTROM EDUCATION and other StrataLogica graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Social Studies School Service (DBA Nystrom Education), Inc. in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

We want to be sure that you are satisfied with the StrataLogica online education resources. If you have questions or problems with your subscription, please e-mail us at this website StrataLogicaSupport@nystromeducation.com or write, call, or FAX us at the following location:

Social Studies School Service (DBA Nystrom Education)
10200 Jefferson Blvd.
Culver City, CA 90232
Phone: 800-421-4246
California Users: 310-839-2436
Fax: 800-944-5432

I have read the provisions of this Permitted Use Agreement, I understand them, and I agree to them. I confirm and warrant to Social Studies School Service (DBA Nystrom Education) that I have all the rights, power and authority necessary to enter into this Agreement on behalf of the subscribing school. I understand that this subscription will terminate at the end of its term if not renewed, and in such event, I will destroy all downloaded files as required above.