CS-STEM Terms of Service
The CS-STEM is a website through which the Carnegie Mellon Robotics Academy (“CMRA”), a division of the National Robotics Engineering Center (“NREC”) at Carnegie Mellon University (“CMU”), makes available robotics and computer science course curriculum, along with certain related tools and materials, intended to be used by teachers and students in conjunction with their face-to-face classroom or online instruction. These items may include, among other things, materials intended for use by students (such as online textbooks, examples of exercises and/or exercises for the students) or teachers (such as problem solutions, auto graders, associated tools like gradebooks and/or teacher development materials). Any and all information, tools, materials and/or services provided or accessed through the CS-STEM website and/or otherwise provided or accessed in connection with the CS-STEM are collectively referred to as the “Services.”
IF THESE TOU ARE NOT ACCEPTABLE TO YOU, YOUR ORGANIZATION AND YOUR USERS, YOU MUST CLICK "Disagree" AND YOU, YOUR ORGANIZATION AND YOUR USERS MAY NOT ACCESS OR USE THE SERVICES.
User Account Set-Up; User Account Names and Passwords. A user name and password will be required for each individual to access any Services through the CS-STEM website (currently located at cs2n.org). To enable the user account set-up, you must provide a user account name for each individual (whether a teacher or student) at your organization who is intended to access and/or use the Services. You will need to identify which user account names are for students and which are for teachers, since they will have different levels of access through the website.
Please note that the user account names just need to be unique (i.e., you cannot have more than one account with the same user name). The user account names do *not* need to include the full legal names of the users or otherwise reveal individually identifiable information about the users (for example, you can elect to use generic terms like “student 1” or “teacher 2” so that the identity of the users is not known to CMRA). However, if you elect to provide user account names that are individually personally identifiable, you represent that you and your organization have the right to make that individually information available to CMRA. Without limiting the generality of the foregoing, you represent that you and/or your organization have obtained valid written parental consent for your users, as and when required. CMU requires parental consent before collecting any individual personally identifiable information for users under age 13. Please do not send any individual personally identifiable information about users under age 13, other than what is requested from you and/or your organization when setting up a user account. In the event CMRA learns that it has collected individual personally identifiable information from a user (e.g., a student) without parental consent being obtained, we will delete that information as quickly as possible. If you believe that CMRA has been provided personally identifiable information about a user under age 13 beyond what is requested when setting up a user account, or that a user’s school, district, or teacher has not obtained the required parental consent prior to making that information available to CMRA, please contact us at .
There are several ways to create a user account through the CS-STEM website. If CMRA, using the user account names you provide, sets up the accounts for you and issues you a unique password for each user account name, it is your and/or your organization’s responsibility to distribute the designated user account names and passwords to the relevant individuals in your class(es). Otherwise, you, your organization and your users should not share user account names and passwords with others.
Individual User Agreements. CMRA reserves the right to have each user (including students) electronically acknowledge or agree to certain terms or rules with respect to the user’s use. Those terms and rules are expected to include, but are not necessarily limited to, the Community Standards.
Content. "Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials uploaded, posted, emailed, transmitted or otherwise made available through the Services. "User Content" is any Content provided by and/or originating from a user (regardless of whether a teacher or student). “CS-STEM Content” is Content provided by and/or originating from CMRA and its employees, agents, representatives, licensors, content providers and contractors. As used herein, "Content" refers to both User Content and CS-STEM Content unless expressly stated otherwise. CMRA, NREC and CMU are not responsible for any User Content that that is uploaded, posted, emailed, transmitted or otherwise made available through the Services. CMRA, NREC and CMU do not guarantee the accuracy, integrity or quality of any Content. You, your organization and your users must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. By using the Service, users may be exposed to Content that may be obsolete, incorrect, or otherwise objectionable. Under no circumstances will CMRA, NREC or CMU be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted or otherwise made available through the Services. CMRA shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content for any reason. Should User Content be found or reported in violation of these TOU, it will be CMRA’s sole discretion as to what action should be taken, including removal of such Content and/or the suspension or termination of the applicable user account (see “Revocation, Suspension or Termination of Accounts” section below).
Confidentiality Obligations Regarding Problems and Answers. Answers and solutions to the problems contained in the Services (including but not limited to any teacher materials), must be kept strictly confidential. Answers and solutions may be submitted through the Services and/or may otherwise be provided to your organization’s teachers and students as part of the classroom instructional activities, but they may not otherwise be shared except with such of your organization’s other employees, representatives and agents with a need to know and who are obligated to protect the confidentiality of such information. Any unauthorized reproduction, publication, further distribution or public exhibition of the information, tools, materials and/or services provided or accessed through the CS-STEM website, in whole or in part, including the answers and solutions, is strictly prohibited.
Permitted Use. Subject to the confidentiality requirements above and other relevant provisions of these TOU, the Services may be used by you, your organization and your users for your and their own personal, academic and educational use (which includes student instruction, student work in the classroom and/or homework, grading, and teacher educational activities). Except for these limited rights, no other rights are granted to the Services and you, your organization and your users may not copy, reproduce, alter, modify, create derivative works, or publicly display any part of the Services. CMU and/or its employees, agents, representatives, licensors, content providers and contractors, as applicable own and retain all intellectual property rights they have in and to the Services, including but not limited to the CS-STEM Content.
Prohibited Uses/Activities. The following activities are prohibited with respect to your, your organization’s and your users’ use of the Services: (a) using the Services or any Content in a manner not permitted under these TOU (including but not limited to improperly sharing answers to problems); (b) using another user’s credentials to access and/or use the Services; (c) transmitting, submitting or accessing any User Content that you do not have the right to transmit, submit or access (as applicable); (d) transmitting or submitting any User Content or otherwise taking any action using the Services that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, infringing of the rights of others, hateful, discriminatory or racially, ethnically or otherwise objectionable, or encourage and/or assist others to engage in these activities; (e) interfering with, removing or modifying any terms and conditions or other Content for the Services and/or any part of the Services used for the operation and/or security of the Services; (f) impersonating any other person or entity, including, but not limited to, any CMRA personnel, or falsely stating or otherwise misrepresenting your affiliation with any other person or entity; (g) knowingly uploading, posting, emailing, transmitting or otherwise making available any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services (including but not limited to those of any relevant third party service providers used in connection with the Services); (i) taking CS-STEM Content from the Services and reformatting it and/or displaying it on any other website; and/or (j) exceeding the scope of the relevant user’s account authority with respect to the user’s use of the Services, for example, a user accessing and using features or content that the user does do not have the authority to use, or deleting, adding to, or otherwise changing another individual’s entries or other Content when you have not been granted the right to do so.
Revocation, Suspension or Termination of User Accounts; Termination of Services. CMRA retains the right to revoke, suspend and/or terminate any or all user account privileges at any time for any reason in its sole and absolute discretion including, without limitation, for any violation of these TOU (including but not limited to a violation of the Community Standards). Neither CMRA, NREC, nor CMU shall be liable to you, your organization, any of your users or any third party for revoking, suspending or terminating any user account or access to the Services.
If you, your organization or any of your users becomes aware that a user account has been or may be compromised or is being used in violation of these TOU, or if one of your users leaves your organization and/or is no longer expected to use or access the Services, please notify CMRA by contacting firstname.lastname@example.org as soon as possible so that CMRA may de-activate the applicable user account.
Features in the Services; Use of Third Party Providers. The Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CMRA and/or Content providers who provide Content for the Services. In addition, the Services may include tools or other features designed to protect the integrity of certain materials, provide security-related features (such as automatically logging off a user after a period of inactivity) and/or detect improper activity with respect to the Services. You, your organization and your users may not attempt to override or circumvent any of the usage rules embedded into the Services. CMRA may, in its discretion, use certain third party service providers to support portions of the Services (including but not limited to hosting services).
Use of Information. CMRA has the right to access, preserve and/or disclose account information and Content if required to do so by law or if in good faith CMRA believes that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your, your organization’s and/or your users’ requests for assistance; or (e) protect the rights, property or personal safety of CMU (including CMRA and NREC), users of the Services and/or the public. Further, CMRA reserves the right to cooperate with legitimate law enforcement requests for information. In addition, CMU (including CMRA and NREC) has the right to use data and information obtained or collected through the Services to provide and/or improve the Services and/or for research or other activities consistent with CMU’s status as a 501(c)(3) organization, provided that CMU (including CMRA and NREC) removes individually identifiable personal information (if any) contained in such data or information prior to any related publication.
License to User Content. By submitting User Content, the applicable user retains any rights the user has with respect to its User Content (i.e., the user is not assigning ownership to CMRA). However, CMU (including CMRA and NREC) is hereby granted a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) as necessary to provide and/or improve the Services and/or for research or other activities consistent with CMU’s status as a 501(c)(3) organization, provided that CMU (including CMRA and NREC) removes individually identifiable personal information (if any) contained in such data or information prior to any related further publication.
Disclaimer of Warranties. THE SERVICES, INCLUDING ALL INFORMATION, TOOLS AND MATERIALS PROVIDED OR ACCESSED THROUGH THE CS-STEM WEBSITE AND/OR OTHERWISE PROVIDED OR ACCESSED IN CONNECTION WITH THE CS-STEM, ARE PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. CMU (INCLUDING CMRA AND NREC), AND ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, CONTRACTORS (INCLUDING ANY THIRD PARTY PROVIDERS) AND SPONSORS (COLLECTIVELY THE “CS-STEM PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND DUTIES, INCLUDING, WITHOUT LIMITATION: THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES; ANY WARRANTIES FOR ANY GOODS, INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES REGARDLESS OF SOURCE (INCLUDING BUT NOT LIMITED TO ANY GOODS OR INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES).THE CS-STEM WEBSITE AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. CMRA MAY MAKE CHANGES TO THE INFORMATION, TOOLS, MATERIALS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION, TOOLS, MATERIALS OR SERVICES MADE AVAILABLE MAY BE OUT OF DATE, AND CMRA MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION, TOOLS, MATERIALS OR SERVICES. THE CS-STEM WEBSITE AND SERVICES ARE THE PRODUCT OF ACADEMIC RESEARCH, AND CMU (INCLUDING CMRA AND NREC) DOES NOT REPRESENT THAT IT OR THEY ARE FREE FROM ERRORS, OR SUITABLE FOR ANY PARTICULAR TASK. YOU, YOUR ORGANIZATION AND YOUR USERS BEAR ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE CS-STEM WEBSITE AND SERVICES.
YOU, YOUR ORGANIZATION AND YOUR USERS UNDERSTAND AND AGREE THAT YOU, YOUR ORGANIZATION AND YOUR USERS DOWNLOAD OR OTHERWISE OBTAIN ANY AND ALL INFORMATION, MATERIAL, DATA AND/OR OTHER CONTENT THROUGH THE USE OF THE SERVICES AT YOUR OR THEIR OWN DISCRETION AND RISK AND THAT YOU, YOUR ORGANIZATION AND YOUR USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR OR THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH ITEMS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you, your organization or your users. You, your organization and your users may also have other rights that vary from state to state and jurisdiction to jurisdiction.
LIMITATION OF LIABILITY; LIMITATION ON DAMAGES. UNDER NO CIRCUMSTANCES SHALL CMU (INCLUDING CMRA AND NREC) OR ANY OTHER CS-STEM PARTIES BE LIABLE TO YOU, YOUR ORGANIZATION OR ANY OF YOUR USERS ON ACCOUNT OF USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THESE TOU OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CMU (INCLUDING CMRA AND NREC) AND/OR ANY OF THE CS-STEM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ADDITION, IN NO EVENT SHALL CMU (INCLUDING CMRA AND NREC) OR ANY OF THE OTHER CS-STEM PARTIES BE LIABLE FOR DIRECT DAMAGES RELATING TO THESE TOU OR THE SUBJECT MATTER HEREOF IN AN AMOUNT MORE THAN ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SUCH LIMITATIONS ON LIABILITY AND DAMAGES SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU (ON BEHALF OF YOURSELF, YOUR ORGANIZATION, YOUR CLASS’ USERS AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, BENEFICIARIES, AGENTS, SUCCESSORS AND ASSIGNS) HEREBY IRREVOCABLY AND UNCONDITIONALLY REMISE, RELEASE AND FOREVER WAIVE ANY AND ALL MANNER OF CLAIMS, SUITS, ACTIONS OR DEMANDS AGAINST CMU (INCLUDING CMRA AND NREC) AND THE OTHER CS-STEM PARTIES ARISING OUT OF OR RELATING TO THE ACCESS TO AND/OR USE OF (OR INABILITY TO USE) THE SERVICES BY YOU, YOUR ORGANIZATION AND/OR ANY OF YOUR USERS, WHETHER ARISING OUT OF CMU’S (INCLUDING CMRA AND NREC) AND/OR ANY OF THE OTHER CS-STEM PARTIES’ NEGLIGENCE OR OTHERWISE.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations and exclusions shall apply only to the extent permitted under applicable law.
Force Majeure. Under no circumstances shall CMU (including CMRA and NREC) or any other CS-STEM Parties be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
No CMU Status or Credit Conferred. Using the Services does not confer any CMU course credit and/or any employment or student status at CMU.
International Use. Although the CS-STEM website may be accessible worldwide, CMU (including CMRA and NREC) make no representation that information, materials, tools and/or services made available through the website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal or by prohibited individuals or entities, is strictly prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws. Any offer for any information, materials, tools and/or services made in connection with the CS-STEM website is void where prohibited.
Governing Law; Disputes. These TOU and any disputes related to them shall be governed by and construed under the laws of the Commonwealth of Pennsylvania without regard to conflicts of law provisions in that or any other jurisdiction. All claims and/or controversies of every kind and nature arising out of or relating to these TOU, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination, shall be settled (1) at CMRA’s election, by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, in such case (a) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (b) each party shall bear its own costs of arbitration, (c) all arbitration hearings shall be conducted in Allegheny County, Pennsylvania, and (d) the provisions hereof shall be a complete defense to any suit, action or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to these TOU and which is arbitrable as provided in these TOU, provided that either party may seek injunctive relief in a court of law or equity to assert, protect or enforce its rights in any intellectual property and/or proprietary or confidential information as described in these TOU, or (2) in the event that CMRA does not elect binding arbitration as permitted in point (1) above, exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts.
Miscellaneous. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. CMRA’s failure to act with respect to a breach by you, your organization or any of your users does not waive CMRA’s right to act with respect to subsequent or similar breaches. The failure of CMRA to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms of these TOU. Notwithstanding any provision hereof, for all purposes of these TOU, each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. You are agreeing to these TOU on behalf of you, your organization and your users for the benefit of CMRA and the other CS-STEM Parties. You agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to these TOU. If there is a conflict between the terms of the Community Standards and the terms in the remainder of these TOU, the provisions that are more restrictive and protective of CMRA shall apply. These TOU represent the entire agreement with CMU (including CMRA and NREC) regarding the subject matter hereof, superseding any and all prior or contemporaneous oral or written understandings. In addition, when using particular services or materials on the CS-STEM website, users shall be subject to any posted rules applicable to such information, tools, services or materials that may contain terms and conditions in addition to those in these TOU. All such rules, terms and conditions are hereby incorporated by reference into these TOU.
Amendment of these TOU. CMU expressly reserves the right to change these TOU from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these TOU from time to time and to familiarize yourself with any modifications. Continued use of the Services after such modifications will constitute acknowledgement of the modified TOU and agreement to abide and be bound by the modified TOU.
Contact Information. Except as explicitly noted on the CS-STEM website, the Services made available through this site are offered by CMRA c/o located at National Robotics Engineering Center, Ten 40th St. Pittsburgh, PA 15201; telephone number +1 412-681-7160. If you notice that any user is violating these TOU, please contact us at email@example.com
The CS-STEM website and information, tools, materials and/or services provided or accessed through the CS-STEM website are provided by the Carnegie Mellon Robotics Academy, a division of the National Robotics Engineering Center at Carnegie Mellon University through its CS-STEM. You are being given the opportunity to access certain educational information, tools, materials and services through this website. You will be provided a user name and password to use.
Keep your user name and password confidential. Do not share it with others or allow others to use it. Do not use (or try to improperly obtain) another person’s user name and password.
If you use the website to solve problems or input any other information, only provide answers and information that you have the right to provide.
If you are a student, do not post or share your answers on the Internet or otherwise provide them to anyone else (except if your teacher asks you to do so as part of student-teacher discussion in your class). Do not copy any questions or other materials and display or share them with others.
If you are a teacher, do not post or share the answer keys or teacher instructional materials, or other materials available through the site (except that you may, as needed, share and discuss the materials and answers with your students or instructional purposes and/or as part of the student-teacher discussion in your class).
You may not use the website to transmit any information or other content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, infringing on the rights of others, hateful, discriminatory or racially, ethnically or otherwise objectionable, or encourage and/or assist others to engage in these activities.
Do not attempt to interfere with any other user’s use of the website.
Do not attempt to interfere with any website or system security or features.
Do not attempt to access materials through the site that your user name and password do not allow you to access.
Violation of these rules may result in your user account being suspended or terminated (in addition to any other rights and remedies, or relevant disciplinary action from your organization under its policies).
November 13, 2018 version