Terms & Conditions

This website https://www.sunbird.org/ (“Website”) has been developed and is being maintained by EkStep Foundation (“the Foundation”). This Website provides information related to the digital infrastructure called Sunbird developed by the Foundation. The Website is an invitation for users to learn about Sunbird, its building blocks, various use-cases, access technical documentation, engage with the Sunbird community to learn how to use and/or adopt Sunbird, and enhance their understanding of Sunbird by using a variety of resources available on the Website, including the Sunbird AI assistant—a chatbot designed to assist with questions about Sunbird (“Purpose”).

The Foundation is a not-for-profit company registered under the Indian Companies Act, 2013, having its office at No. 85, 7th Cross, Koramangala 4th Block, Bangalore 560034.

By using the Website, you have accepted and agree to be governed by these Terms of Use (“Terms”), as may be amended from time to time. The terms ‘you’, ‘your’ refer to anyone who accesses, views or uses the Website. The terms "we", "us", "our" refer to the Foundation.

Set out below are the Terms of Use of this Website:

1.DEFINITIONS
    1. “Asset” means and refers to a piece of content or software code. A piece of content can be expressed as text, documents, presentations, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, RLO (reusable learning object) or other such mediums of expression and other materials you may view on, access through, or contribute to the Website, and includes all postings on the Website by Users.
    2. "Intellectual Property" shall singly or collectively mean to include, as the case may be, all patents, copyrights, trademarks, trade names, service marks, service names, designs and any other proprietary information or other similar right arising or enforceable under Indian law.
    3. “Sunbird” is a set of configurable, extendable, modular building blocks for learning and human development designed for scale and open sourced under MIT license.
    4. “User” means and refers to all users of the Website who access the Website and Use the Assets on the Website in accordance with these Terms.
    5. “Use” or “Using” means and refers to learning, finding, viewing, using, contributing to, modifying, replicating, downloading, and sharing Assets with other Users, through the Website.
2. ACCESS AND USE
  1. As a User, you represent and warrant that you are of legal age and are legally competent to form a binding contract (or if not, you've received your parent's or guardian's permission to Use the Website and they have agreed to these Terms on your behalf). If you’re agreeing to these Terms on behalf of a department, institution, organization or legal entity, you represent and warrant that you are duly authorized to agree to these Terms on behalf of that department, institution, organization or entity and these Terms are binding on them.

  2. All Users shall have access to all the Assets available on the Website for the purpose of learning, finding, viewing, Using, contributing to, modifying, replicating, downloading, and sharing Assets with other Users, through the Website. It is possible that your access and Use of Assets on the Website may be disrupted due to technical or operational difficulties and with no prior notice of downtime. The Foundation makes no guarantee as to the continuous uptime and availability of the Website or the quality of Assets on the Website.

3.OBLIGATIONS OF USERS
  1. You access the Website only to Use the Assets
  2. You will be responsible and liable for any activity on the Website by you.
  3. You will follow these Terms of Use and all the policies of the Website.
4. INTELLECTUAL PROPERTY RIGHTS
    1. The Website contains copyrighted material, trademarks and other Intellectual Property owned by the Foundation. Unless specifically permitted, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property. Access to or Use of the Website does not confer upon anyone any license to the Foundation's Intellectual Property rights.

    2. You agree to abide by all licenses and copyright notices accompanying any Asset published on the Website. Any Asset (other than software code) you contribute to Sunbird or the Website is licensed under the Creative Commons Attribution-ShareAlike 4.0 International - CC BY-SA License. You can share and adapt the licensed Assets under the terms of the same license, provided you cite the creator as the Foundation or another party if the creator is not the Foundation, include a link to the original publication on the Website with copyright notice, license notice and disclaimer notice, and indicate if changes were made. You may do so in any reasonable manner, but not in any way which suggests that the Foundation endorses you or your Use. For any assistance with contributing to Sunbird or the Website or understanding any license, please contact us at info@sunbird.org

    3. You agree that you will not use the Website to scrape or attempt to scrape any Asset available on the Website.

    4. Assets that are software code and are released under Sunbird and made available on/through the Website are licensed under the MIT license reproduced below:

Copyright (c) 2023 EkStep Foundation Permission is hereby granted, free of charge, to any person obtaining a copy of all software and associated documentation files (the "Software") listed on this website under this Project Sunbird (sunbird.org), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

5. PRIVACY POLICY

We do not guarantee the accuracy, veracity, correctness, validity, usability, currency, of any Assets made available on or linked through the Website. We shall not be held responsible for any offensive or unlawful Asset posted, transmitted, sent or communicated through the Website.

6. LIMITED LIABILITY
We do not guarantee the accuracy, veracity, correctness, validity, usability, currency, of any Assets made available on or linked through the Website. We shall not be held responsible for any offensive or unlawful Asset posted, transmitted, sent or communicated through the Website.
7. DISCLAIMER
THE FOUNDATION PROVIDES THE WEBSITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE. THE FOUNDATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCESS AND USE OF THE WEBSITE (INCLUDING ANY ASSET OR INFORMATION AVAILABLE ON/THROUGH THE WEBSITE) IS ENTIRELY AT YOUR OWN RISK.
8.INDEMNITY
You hereby agree to keep and hold the Foundation, its directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your Use of the Website, your breach of these Terms, violation of any law, rules or regulations in relation to your Use of the Website.
9. TERMINATION
Any violation or breach of the Terms may lead to automatic suspension or termination of your access to the Website, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use the Website for any purpose other than to share Assets.
10. ELECTRONIC AGREEMENT
This document is a written agreement and an electronic record and valid and enforceable electronic agreement / contract under Information Technology Act, 2000 (as applicable in the Republic of India) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. Your usage of the Website shall be your deemed acceptance of these Terms and all the modifications and updates thereto.

11. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Bangalore.
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