Privacy and Use of Personal Information
By using the Products, you hereby consent that Blackboard may use any or all of Your Information in connection or combination with other Blackboard Products and for any reason, including to provide, maintain, protect and improve Products and to develop new Products and (ii) provide any or all of Your Information to third parties that provide certain functions and other services for Blackboard or marketing in connection with the Products, including without limitation the university, school, or other institution hosting or licensing the Products. If you do not wish to share Your Information with such third parties or for use by other Blackboard Products either now or during future use of the Products, you must opt-out of this selection by firstname.lastname@example.org. If you choose not to share Your Information with such third parties, including the university, school, or other institution hosting or licensing the Products, you may not be able to use or access the Blackboard Product or certain functionality of the Blackboard Product.
As part of providing you the Products, we may need to provide you with certain communications, such as service announcements and administrative messages.
These communications are considered part of the Products and your Blackboard account, which you cannot opt-out from receiving.
The Products may be provided via the Internet and may be hosted in any country in the world.
3. Content and Your Rights
You are responsible for Content that you post to the Products, and any consequences thereof. The Content you submit, offer, contribute, attach, post, or display may be viewed by other users of the Products. You may be able to control the Content that other users of certain Products may access through the privacy options in certain Products. You retain your rights to any Content you submit, offer, contribute, attach, post, or display on or through the Products. By submitting, offering, contributing, attaching, posting or displaying Content on or through the Products, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Products. You agree that this license includes the right for Blackboard to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products) and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Whereupon your choosing, via selection (e.g., clicking) of identified buttons or other indicators provided by and through your use of the Products, to submit, offer, contribute, attach, post and/or display Content, said Content specifically being directed to and including any ideas, on or through the Product and such affirmative election made by you involves the disclosure, directly or indirectly, publicly or privately, to Blackboard of any “Invention”, which shall be understood to encompass and mean both the singular and plural form of the term, whether alone or jointly generated or conceived, now, therefore, in consideration of the premises and covenants set forth herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby agree to the immediate and irrevocable assignment, transfer and/or conveyance of any and all right, title and interest, owned or held by you, under any legal framework worldwide, in and to said Invention to Blackboard, including any developments and improvements thereof, and whereupon Blackboard shall become the sole and exclusive owner, worldwide, of all such right, title and interest in and to said Invention, with no reservation of right in you or any third party.
Invention shall have the same meaning as set forth in any and all rules, guidelines, regulations and/or laws, including without limitation as set forth in 35 U.S.C. §§100 and 101, and may include without limitation, any of the following as applicable: all discoveries, ideas, creations, innovations, concepts, developments, designs, improvements, inventions, reductions to practice (actual or implied), models, formulae, processes, machine, manufacture, composition of matter, techniques, computer programs, strategies, services, know-how, specific computer-related or education-related know-how and data, regardless of whether said invention is now or ever shall be afforded legal protection of any type such as, and including without limitation, legal protection in the form of patent, trade secret, copyright, trademark and any other law(s) that protect proprietary rights, whether registered or unregistered. If patent rights have been obtained or a patent application is pending on and for your idea or Invention you must disclose that to Blackboard in cordance
with the Notice requirements of this Agreement.
You understand that Blackboard may already have created, know or possess any idea or Invention from another source, and that at Blackboard’s sole discretion, with no express or implied obligation to you, it may take any action it deems prudent with respect to any idea, which may include, without limitation, taking or not taking any action on any idea, developing and improving on any idea, and/or creating or working on the same or a similar idea. You represent and warrant that your disclosure of any idea, which may or may not include an Invention, is in accordance and complies with any and all laws pertaining thereto, and further agree and acknowledge that it is your original work in which you have the power and authority to assign in accordance with this Agreement, (ii) you have no knowledge of any third party claims that would arise by operation of this Agreement, (iii) no third party consent(s), assignment(s) or license(s) is or are necessary to perform under this Agreement, and (iv) you have no obligations to any employer (whether
by law or contract) that could prohibit you, in any way, from performing under this Agreement. You agree to immediately notify Blackboard in writing, in accordance with this Agreement, if any facts or circumstances arise concerning an idea or Invention disclosed by you to Blackboard, by or through the Product, that make any of your representations in this Agreement inaccurate in any way.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Products, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Products or obtained by you through the Products is at your own risk.Blackboard respects the intellectual property rights of others and expects users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is:
Attn: Stuart Kupinsky
1111 19th Street NW, 9th Floor
Washington, D.C. 20036