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Last updated June 01, 2018
LoudCloud may collect information, including personal information, directly from you when you visit the Sites. For example, we collect information from you when you create a user account, make purchases, subscribe to receive emails or notifications, or otherwise communicate with us through the Sites. "Personal Information" is information that identifies you specifically, and the types of Personal Information we collect may include your name, billing address, zip code, email address and phone number.
Certain information about you may be collected automatically when you access or use the Sites. This information may include IP address, browser and device type, operating system characteristics, information about your use of the Sites, data regarding your geographic location, and data regarding network-connected hardware (such as device or session ID, functionality, performance data). This information also may include clickstream data, which illustrates the page-by-page path(s) you take as you browse the Sites.
Cookies and Tracking GIFs. We may use "cookies" to collect information about you when you visit the Sites. Cookies are small text files placed on visitors' computers/devices to store information about their activities on the Sites, such as their user preferences.
Most web browsers are set to automatically accept cookies, but many provide options to allow you to stop accepting new cookies or to disable existing cookies. Please be aware that if you disable the cookies on your computer you may not be able to use certain features of the Sites, and disabling cookies may invalidate opt-outs that rely on cookies to function.
It is possible that third parties may collect information about your online activities over time and across different websites and devices when you use the Sites. Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. Like many websites, the Sites currently are not designed to respond to "Do Not Track" signals from visitors' browsers. To learn more about "Do Not Track" you may wish to visit this site.
We may use information we obtain about you for various purposes, including to:
In addition, we and/or our third-party service providers may combine information we obtain about you through your use of the Sites so that LoudCloud can more effectively deliver content.
We may share your Personal Information with our affiliates (such as parent companies, subsidiaries, or other companies within our corporate family), and with our independent contractor agents, vendors, consultants, and other service providers to carry out work on our behalf related to the learning management and analytics services that we provide, or to assist us in providing learning management and analytics services or information to you. We may also share your Personal Information with the college and universities to which we provide learning management and analytics services.
We also may share information about you for the following purposes:
Some of the Sites may, from time to time, feature chat rooms, message boards, news groups, and/or other public forums available to users. Any information that is disclosed in these areas may be visible to the public. You should exercise caution accordingly, and avoid disclosing Personal Information or other details that you do not want made public.
The Sites are not intended for children, and are not targeted to children under the age of sixteen (16). We do not knowingly collect Personal Information from children under the age of 16 and if we learn that we have received information from a user under the age of 16, we will delete this information in accordance with applicable law.
LoudCloud takes information security seriously and has taken reasonable measures to protect the Personal Information it collects by establishing appropriate administrative, technical, and physical safeguards to protect and prevent unauthorized access or other unintended disclosures.
Please be aware that submitting information over the Internet is inherently insecure and, accordingly, despite its reasonable efforts, LoudCloud cannot guarantee that unauthorized access or disclosure will never occur.
The Sites may contain hyperlinks to other websites for your convenience and information. Those websites may be operated by entities not affiliated with LoudCloud, and may have their own privacy policies or notices, which we strongly suggest you review. LoudCloud is not responsible for the content or use of any linked websites that are not affiliated with LoudCloud.
LoudCloud recognizes that the European Economic Area (EEA) has established strict protections regarding the handling of EEA personal data ("EEA Personal Data"), including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data about consumers received in the US, LoudCloud has elected to self-certify to the EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks administered by the US Department of Commerce ("Privacy Shield"). LoudCloud adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability with respect to EEA Personal Data that is transferred into the US pursuant to the Privacy Shield. For purposes of enforcing compliance with the Privacy Shield, LoudCloud is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review LoudCloud's representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
Under certain circumstances, we may be required to disclose your EEA Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
LoudCloud maintains reasonable and appropriate security measures to protect EEA Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
You may have the right to access the EEA Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EEA Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
In compliance with the Privacy Shield Principles, LoudCloud commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact LoudCloud at the email address found under the, "Contact Us," section at the end of this policy.
LoudCloud has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
BNED LoudCloud, LLC ("LoudCloud") provides access to and use of its BNED Courseware websites and applications (web, mobile, or others), including the Courseware Platform, ("Services") to users ("Users"), subject to these terms and conditions ("Terms"). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including content owned or licensed by LoudCloud and made available through the Services ("LoudCloud Courseware"). Subject to your compliance with the Terms, LoudCloud grants you a limited, personal, non-transferable, non-sublicenseable and non-exclusive right and license to access and use the Services and LoudCloud Courseware. This limited license does not apply to Educational Materials (defined below), which do not constitute "LoudCloud Courseware."
Notwithstanding the foregoing, the limited license does not include the right to reverse engineer, reverse assemble, otherwise attempt to discover, modify, or use any modified version of any source code underlying or forming any part of the Services. Further, the limited license does not include the right to use, alter, remove, or obscure any branding, logos, or legal notices displayed in the Services.
You agree that software underlying or provided through the Services may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Services, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
The Services contain content provided by LoudCloud or third parties, including e-text, videos, interactive assessments, and other supplemental materials, that is made available through the Services ("Educational Materials"). Certain Educational Materials may contain specific restrictions on use identified by notices accompanying such Educational Materials. Educational Materials are offered for license to you by the author of that work on the terms and conditions set forth in the Creative Commons or other license associated with such Educational Materials. You are required under U.S. copyright law and other equivalent laws to respect the copyrights of those authors and to use the Educational Materials subject to the terms and conditions of their respective licenses and applicable law. You may only copy, modify, distribute and otherwise use the works in the Service in accordance with the applicable license or as may otherwise be permitted under applicable law.
LoudCloud endeavors to provide information about the copyright status of the Educational Materials available to you on LoudCloud Courseware, and to identify any other terms and conditions that may apply to your use of such materials. However, LoudCloud offers no guarantee or assurance that all pertinent information is provided or that the information provided is correct in each circumstance. In all cases, it is your sole responsibility to determine what permission(s) you may need in order to use Educational Materials available from LoudCloud Courseware and, if necessary, to obtain such permission(s).
The Services may include access to information, data, text, graphics, photographs, video, software, audio, messages, communications, or other materials uploaded, transmitted, shared, or otherwise made available by Users on or through the Services ("User Content"). For sake of clarity, Contributions do not constitute "User Content." All User Content that you make available through the Services remains your sole property or the property of your licensors. By making available any User Content, you automatically grant and/or warrant that the owner of that User Content has granted LoudCloud the perpetual, royalty-free, and non-exclusive right and license to use, modify, reproduce, publish, distribute, perform, display, and transmit that User Content through the Services. By making available any User Content, you also automatically grant and/or warrant that the owner of that User Content has granted other Users the perpetual, royalty-free, and non-exclusive right and license to access, view, and use that User Content within the Services.
You agree that User Content is the sole responsibility of the User who made it available and that you are responsible for User Content you make available and for any consequences thereof. You agree that LoudCloud does not control or monitor transmissions of User Content or accept any responsibility for their storage, content, quality, accuracy, integrity, security, privacy, errors, omissions, or any loss or damage resulting therefrom. Accordingly, LoudCloud cannot and does not ensure that User Content is without objectionable aspects, and you acknowledge and agree that LoudCloud is not liable for such material whatsoever. LoudCloud shall have no responsibility or liability of any kind regarding any links to other websites that become available through the Services or any content, products, or materials contained therein.
You agree that using or accessing the Services does not give you ownership of any intellectual property rights in the Services, LoudCloud Courseware, or User Content of others.
You agree that using or accessing the Services, LoudCloud Courseware, Educational Materials, or User Content of others for any purpose except those expressly granted herein as permissible is expressly prohibited. You agree that the following uses of the Services are expressly prohibited and constitute material breach of these Terms:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOUDCLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) LOUDCLOUD MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICES OR LOUDCLOUD SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOUDCLOUD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LOUDCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR OTHER SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) DELETION OR FAILURE TO STORE ANY USER CONTENT OR OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED VIA THE SERVICES OR BY LOUDCLOUD; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (f) ANY OTHER MATTER RELATING TO THE SERVICES.
THE FOREGOING "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" PROVISIONS MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
You shall indemnify, defend with counsel of LoudCloud's choice, and hold harmless LoudCloud and its respective officers, directors, affiliates, subsidiaries, employees, licensors, suppliers, and partners from any losses, costs, liabilities, and expenses, including reasonable attorneys' fees, relating to or arising out of (a) User Content that you make available, (b) your use of or inability to use the Services, (c) your breach of these Terms, (d) your violation of any rights of any other party, including other Users, or (e) your violation of any applicable laws, rules, or regulations.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts in New York County, New York State. You agree that any cause of action arising out of or related to the Services or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
No waiver by LoudCloud of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LoudCloud to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited, to the minimum extent, to reflect the intentions of the parties as nearly as possible, such that the remaining provisions of these Terms will continue in full force and effect.
No right granted to you under these Terms is enforceable by third parties, and no third party is an intended beneficiary of any rights or obligations of you under these Terms.
The Services uses HighStock by Highsoft Solutions AS. http://www.highcharts.com/ . LoudCloud is not affiliated with, endorsed by, or sponsored by Highsoft Solutions AS.
The Services includes certain third-party code licensed for use and redistribution under open-source licenses, including:
Apache Jackrabbit 2.2.10. Licensed under the Apache 2.0 License, available here: http://www.apache.org/licenses/LICENSE-2.0.
OpenFire 2.8.0. Licensed under the Apache 2.0 License, available here: http://www.apache.org/licenses/LICENSE-2.0.
ActiveMQ 5.7. Licensed under the Apache 2.0 License, available here: http://www.apache.org/licenses/LICENSE-2.0.
Firefox Spellchecker 1.0.0 Beta. Licensed under the Mozilla Public License (MPL) 1.1, available here: https://www.mozilla.org/en-US/MPL/1.1/
Information regarding Creative Commons licenses when specified as applying to LoudCloud Content is available here: https://creativecommons.org/licenses/