Here’s the gist
We run an e-portfolio hosting and creation platform called Edufolios.org and we would love for you to use it. Our service is designed to make it as easy as possible to write about your learning as you teach. To share stories of practice, to record your notes from Professional Learning Experiences and to do so in a way that will help you tick the boxes for AITSL and your Teacher Registration Board. We try and give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. In return, we ask that you are responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.
If you find a Edufolio’s website that you believe violates these Terms of Service, please let us know
Because we are passionate advocates (and users of Creative Commons Licensing), we’re very happy to say that the below Terms of Service were adapted from those found WordPress.com.
Terms of Service:
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Edufolios, acceptance is expressly limited to these terms.
Our Services are directed at Educators, not to persons younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires an Edufolios.org account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your Edufolios.org Account and Website. If you create a blog or website on Edufolios.org, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Edufolios of any unauthorized uses of your blog, your account, or any other breaches of security. Edufolios will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to Edufolios.org, post links on Edufolios.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Edufolios.org, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Edufolios for inclusion on your website, you grant Edufolios a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, Edufolios will use reasonable efforts to remove it from Edufolios.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Edufolios has the right (though not the obligation) to, in Edufolios’s sole discretion, (i) refuse or remove any content that, in Edufolios’s reasonable opinion, violates any Edufolios policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Edufolios.org to any individual or entity for any reason. Edufolios will have no obligation to provide a refund of any amounts previously paid.
- Advertisements. Edufolios reserves the right to display advertisements on your blog unless you have purchased an Ad-free Upgrade or a VIP Service account.
- Attribution. Edufolios reserves the right to display attribution links such as ‘Blog at Edufolios.org,’ theme author, and font attribution in your blog footer or toolbar. Footer credits and the Edufolios.org toolbar may not be altered or removed regardless of upgrades purchased.
- Payment and Renewal.
- General Terms. By selecting a membership you agree to pay Edufolios the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal. Unless you notify Edufolios before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time (see “Cancellation” below for more on this).
- Refunds. Refunds will only be issued within 30 days of a subscription renewal only. Where a 30 day free trial option is provisioned for on a new subscription, no additional 30 day refund period shall be given.
- Your subscription can be cancelled through the software only (not via email, SMS, instant message or calling us unless otherwise authorised). We readily provide you with the ability to cancel your subscription within the software (more information is available on this by searching for “cancel” on our Support System). This may be used at any time, without restriction, outside of any known maintenance periods or unforeseen downtime.
- Edufolios staff are not permitted to cancel your subscription for you. We have created this service to be as autonomous as possible for you. You control when your subscription is active, you also control when your subscription is inactive (i.e. cancelled).
- In line with the way in which your subscription must be cancelled (above), communicating to us directly (in any form of communication) that you wish to cancel your subscription does not cancel your subscription, nor does it remove your obligation to continue paying the fees for your active subscription.
- Pro-rata refunds are not provided for any subscription that is cancelled part-way through the billing cycle.
2. Responsibility of Visitors.
Edufolios has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Edufolios does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Edufolios disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Edufolios.org links, and that link to Edufolios.org. Edufolios does not have any control over those non-Edufolios.org websites, and is not responsible for their contents or their use. By linking to a non-Edufolios.org website, Edufolios does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Edufolios disclaims any responsibility for any harm resulting from your use of non-Edufolios.org websites and webpages.
4. Copyright Infringement and DMCA Policy.
As Edufolios asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Edufolios.org violates your copyright, you are encouraged to notify Edufolios. Edufolios will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Edufolios will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Edufolios or others. In the case of such termination, Edufolios will have no obligation to provide a refund of any amounts previously paid to Edufolios.
5. Intellectual Property.
This Agreement does not transfer from Edufolios to you any Edufolios or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Edufolios. Edufolios, Edufolios.org, the Edufolios.org logo, and all other trademarks, service marks, graphics and logos used in connection with Edufolios.org or our Services, are trademarks or registered trademarks of Edufolios Pty Ltd. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Edufolios or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Edufolios may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Edufolios.org account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
Our Services are provided “as is.” Edufolios and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Edufolios nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Limitation of Liability.
In no event will Edufolios, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Edufolios under this agreement during the twelve (12) month period prior to the cause of action. Edufolios shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
You agree to indemnify and hold harmless Edufolios, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Edufolios and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Edufolios, or by the posting by Edufolios of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Edufolios may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- July 2, 2019: Updated to detail the cancellation of subscriptions.
- March 25, 2016: First publication of our Terms of Service.