Terms of Service – shoMe

Version 1.30

These terms of service govern your ("You" or "Your") access and use of shoMe and constitute a legally binding agreement (this "Agreement") by and between You and the Leland Stanford Junior University (“Stanford”). If You are entering into this Agreement on behalf of a legal entity and not as an individual, You represent and warrant that You are duly authorized and have the legal capacity to enter into this Agreement on behalf of the legal entity [named below], that the entering into of the Agreement and the performance of the obligations hereunder have been duly authorized by the legal entity [named below], and that the Agreement is a valid and legal agreement binding on the legal entity [named below] and enforceable in accordance with its terms. If You are entering this Agreement on behalf of a legal entity then hereafter in this Agreement “You” or “Your” shall refer to the legal entity [named below]. Your use of shoMe is also subject to the privacy policy located at https://www.shomediscovery.com/privacy (the "Privacy Policy") which is hereby incorporated into and made a part of this Agreement.

PLEASE BE AWARE, AND YOU HEREBY AGREE, THAT YOUR ACT OF ACCESSING OR USING SHOME, WITHOUT ANY OTHER ACTION ON YOUR PART, INDICATES THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT UNDER ANY CIRCUMSTANCES ACCESS OR USE SHOME.

To register with the shoMe platform and app, you should be an adult.

Although Stanford may attempt to notify You when major changes are made to this Agreement, You should periodically review the most up-to-date version (https://api.shomediscovery.com/terms). Stanford may, in its sole discretion, modify or revise this Agreement and its policies at any time, and You agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

  1. The shoMe Service
  2. As used in this Agreement, "shoMe" means Stanford’s hosted proprietary location-aware, experiential learning platform for distribution and mass customization of content to individual learners through their mobile devices or desktop computers. shoMe can be accessed through iOS, Android, and Internet browser apps. You can publish and configure content that will be accessible to shoMe users through the shoMe platform.Except for the rights granted in this Agreement, You, have no right, title, or interest in or to shoMe. You agree that Stanford or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to shoMe. Stanford reserves the right to suspend or terminate the shoMe service at its discretion. Any content that you provide will through the shoMe platform will be unavailable for distribution if this is the case, and you accept this as a condition of use of the platform.

  3. Content
  4. shoMe enables you to submit, create, and distribute data and content that will be publicly available to shoMe users (collectively, "Content"). Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to shoMe. Content also includes the logic that governs the presentation of Content.  You represent and warrant that any Content you submit to shoMe is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You represent and warrant that you have all the necessary rights and licenses to submit and publish the Content and to permit use of the Content by Stanford and other shoMe users. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content to shoMe

    You agree that if a third party claims that any Content you have contributed to shoMe is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Stanford does not monitor Content on shoMe, Stanford has the right to remove Content from shoMe, block access, or take other action with respect to Content in its sole discretion. Stanford respects copyright law and requires You to do the same. Stanford expressly prohibits the use of shoMe for the illegal transmission of copyrighted material, and will, if notified by content owners, disable copyrighted material from being transmitted via shoMe.  shoMe users can identify material that is in violation of any of these terms of service, including the Code of Conduct below, by submitting a description of the material in violation through the shoMe website contact form at https://www.shomediscovery.com.  If the material is indeed found to be in violation of these Terms of Service, Stanford University reserves the right to remove this material from the platform.

  5. Grant of License to Content
  6. By your submission of any Content, you hereby grant Stanford an irrevocable, non-exclusive, royalty free, fully transferable, worldwide license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform, publicly display and provide to other shoMe users any such Content. You hereby grant shoMe users a license to use the Content (including the right to copy, modify and distribute such Content) in conjunction with their use of shoMe. You retain all ownership rights in your Content.

  7. Code of Conduct
  8. In addition to any other terms and conditions of this Agreement, YOU AGREE TO ABIDE BY THE FOLLOWING RULES IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF SHOME:

    • You will not use shoMe in any manner or for any purpose other than as expressly permitted by this Agreement, the then current published written or electronic documentation specifying the functionality of shoMe made generally available by Stanford to shoMe users.
    • You will not sell, lend, rent, resell, lease, or sublicense shoMe to any third party.
    • You will not modify, alter, tamper with, repair or otherwise create derivative works of any software used to provide shoMe
    • You will not reverse engineer, disassemble or decompile shoMe, or attempt to derive source code from shoMe.
    • You will not remove, obscure or alter any proprietary right notice related to shoMe.
    • You will not use shoMe to send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages.
    • You will not store or transmit Content: (1) that is illegal to store or transmit; (2) containing unlawful, defamatory, threatening, pornographic, abusive, or libelous material, (3) containing any material that encourages conduct that could constitute a criminal offense, (4) that violates the intellectual property rights or rights to the publicity or privacy of others, or (5) that contains malicious code.
    • You will not interfere with or disrupt servers, networks or other equipment connected to or used to support shoMe or other shoMe users’ access to the same, or violate the regulations, policies or procedures of such networks.
    • You will not access or attempt to access other accounts hosted by shoMe or other computer systems or networks not covered by this Agreement, for which you do not have permission, through password mining or any other means.
    • You will not access or use shoMe in a way intended to avoid incurring fees or hiding usage that exceeds usage limits or quotas if any.
    • You will not share passwords or other access information or devices or otherwise authorize any third party to access or use shoMe on Your behalf.
    • You represent, warrant and covenant that You have all necessary rights in and to all Content You upload to shoMe or otherwise create using shoMe, and that the storage and display of such Content on shoMe is proper and legal.
    • You will not initiate a denial of service attack from or against shoMe or release a virus, trojan horse, worms or other malware or spyware from or against shoMe.
    • You will not use shoMe to engage in fraudulent or criminal activity.
    • You will not use shoMe to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
    • You will not use shoMe to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
    • You will not use shoMe to libel or defame others.
    • You will not use shoMe to store, host, view or distribute child pornography.
    • You will not use shoMe to misrepresent Your identity or impersonate any person.
    • You will not use shoMe for commercial purposes unless authorized in writing by Stanford.
    • You will abide by reasonable administrative directives issued by Stanford from time to time concerning the access or use of shoMe.
    • You will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses shoMe in a manner that sends more request messages to shoMe servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, shoMe grants the operators of public search engines permission to use spiders to copy materials from shoMe for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Stanford reserves the right to revoke these exceptions either generally or in specific cases.
    • You agree not to collect or harvest any personally identifiable information, including account names, from shoMe, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
    • You agree not to solicit, for commercial purposes, any users of shoMe with respect to their Content.
  9. Third Party Sites and Third Party Software Applications
  10. When You use shoMe, certain features or functionality of shoMe may enable You to transmit data to sites on the Internet that are owned and/or operated by parties other than shoMe ("Third Party Sites"). Stanford does not have any control over the rules of use set forth by the operator(s) of Third Party Sites. Stanford is not responsible for any Third Party Sites You access with or through shoMe, and You irrevocably waive any claim against Stanford with respect to such Third Party Sites. It will be Your responsibility to comply with the rules of use set forth by the operator(s) of Third Party Sites.

    You may be able to access and/or download from shoMe and/or Third Party Sites software applications that third parties have created or may in the future create that allow users to access and use certain functionality and features of shoMe ("Third Party Apps"). If You access, download and/or use any Third Party Apps, Your accessing, downloading and/or use of Third Party Apps will be subject to and governed by the terms and conditions set forth in one or more separate end user license agreements entered into between You and the creators, publishers, providers and/or vendors of Third Party Apps. Stanford does not have any control over the terms and conditions set forth in any such separate end user license agreements. Stanford is not responsible for any Third Party Apps You access with or through shoMe, and You irrevocably waive any claim against Stanford with respect to such Third Party Apps. It will be Your responsibility to comply with the terms and conditions set forth in any such separate end user license agreements.

  11. Suspension and Termination of Your Use of the Service
  12. If You breach or violate this Agreement, Your access to and use of shoMe may be suspended or terminated without prior notice to You. In addition, Your access to and use of shoMe may be suspended or terminated without prior notice to You in the event Stanford deems it necessary and acceptable to do so. You acknowledge that if Your access to and/or use of shoMe is suspended or terminated, it is possible that You may no longer have access to the Content that You uploaded to shoMe or otherwise created using shoMe.

  13. Disclaimer and Limitation of Liability
  14. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOME AND ANY CONTENT, WHETHER GENERATED BY STANFORD OR SHOME USERS, ARE BEING PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. STANFORD DOES NOT REPRESENT, WARRANT OR COVENANT THAT SHOME WILL BE FREE OF OUTAGES, INTERRUPTIONS, SECURITY FLAWS, OR ERRORS. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. STANFORD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF SHOME FOR USE FOR YOUR PURPOSES, EXCEPT AS OTHERWISE PROVIDED HEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER STANFORD NOR ITS RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

    IF YOU ARE DISSATISFIED WITH SHOME FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING SHOME.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF STANFORD AND ITS RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES AND AGENTS, TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED IN THE AGGREGATE TO DIRECT DAMAGES UP TO THE AMOUNT OF FIVE DOLLARS (USD $5.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.

    YOU SPECIFICALLY ACKNOWLEDGE THAT STANFORD SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    SHOME IS CONTROLLED AND OFFERED BY STANFORD FROM ITS FACILITIES IN SANTA CLARA COUNTY, CALIFORNIA IN THE UNITED STATES OF AMERICA. STANFORD MAKES NO REPRESENTATIONS THAT SHOME IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE SHOEME FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

  15. Governing Law
  16. shoMe is managed by Stanford, located in Santa Clara County, California. You agree that: (i) shoMe shall be deemed solely based in California; and (ii) shoMe’s website(s) shall be deemed passive website(s) that do not give rise to personal jurisdiction over shoMe, either specific or general, in jurisdictions other than California. You agree that any dispute arising out of or relating to this Agreement or any Content available on shoMe, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Stanford may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Stanford. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO STANFORD OR SHOME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.

  17. Indemnification
  18. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Stanford, its officers, directors, employees and agents, 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: (i) Your use of and access of shoMe; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of shoMe.

  19. Trademarks
  20. The logos, names and graphics on shoMe of Stanford or any of its affiliates, may be trademarks of Stanford or its affiliates. Use, reproduction, copying or redistribution of Stanford trademarks, without the prior written permission of Stanford or its affiliates, is prohibited. All other trademarks or servicemarks appearing on the Site are the marks of their respective owners.

  21. Digital Millennium Copyright Act
  22. Stanford respects the intellectual property rights of others. In accordance with Title II of the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for shoMe. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact Stanford's DMCA Designated Agent at DMCA-Claim@Stanford.EDU with a copy to contact@stanfordonline.zendesk.com and provide the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed upon; (iii) a description of where the material that You claim is infringing is located on shoMe; (iv) Your address, telephone number, and email address; (v) 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; and (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

  23. General
  24. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of Stanford to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to a third party; any assignment or transfer by You will be deemed void from inception.