Terracotta Terms of Use
Last Updated: 1 October 2024
These terms of service ("Terms") apply to your access and use of Terracotta. Please read them carefully.
Accepting These Terms
If you access or use Terracotta, it means you agree to be bound by all the terms below. So, before you use Terracotta, please read this document. If you don't agree to all the terms, please do not use Terracotta. Also, if a term does not make sense to you, please let us know by e-mailing service@terracotta.education.
Changes to These Terms
We reserve the right to change these Terms at any time, as in the case of a new Terracotta feature that makes it necessary to change the terms.
Whenever we make changes to these Terms, the changes are effective one week after we post the revised Terms (please see the “last revised” date at the top of the Terms webpage) or upon your acceptance of the revised Terms. It is your responsibility to check the Terracotta website for changes to these Terms.
If you continue to use Terracotta after the revised Terms go into effect, then you have accepted the changes to these Terms.
Privacy Policy
For information about how we collect and use data at Terracotta, please read our privacy policy.
Third-Party Services
If you create an experiment that links to third party websites, applications, or services, your use of such third-party applications, websites, and services is governed by that party's own terms of service and/or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit or use.
Your Account
You will always access Terracotta via your learning management system (LMS) because your LMS gives you access to Terracotta. Given this, do revisit your LMS’s Terms of Use, regarding your account and content, as those terms still apply.
When you create an account or use another service to log in to Terracotta, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to Terracotta. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself.
If you suspect any Service security breaches, please let us know as soon as possible at support@terracotta.education.
Content
You create content for your students in the form of assignments, messages, and/or other objects with which you might assign students to interact. As such, you acknowledge that all content is the sole responsibility of the party from whom that content originated. You also acknowledge that Terracotta has no obligation to prescreen Content, although Terracotta reserves the right to prescreen, refuse, or remove any content in violation of any law, that violates these terms, or that creates liability for Terracotta.
You may not post, link, and otherwise make available on or through Terracotta any of the following, nor may you request it in your experiments:
- Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
- Content that is illegal or unlawful, that would otherwise create liability;
- Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with Terracotta or other users:
- Use Terracotta in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Terracotta or that could damage, disable, overburden or impair the functioning of Terracotta;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of Terracotta;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect Terracotta, users of Terracotta, or third parties.
Integrations with other tools
Researchers and teachers can integrate other tools, applications, objects, and services into their assignments and experiments via Terracotta. We expect that you will respect the privacy of your students’ data and identities by not asking for their names or other identifying information through these external integrations. Further, you are responsible for the content, tools, applications, objects, and services that you make available through Terracotta, including its legality, reliability, and appropriateness.
Terracotta Materials
Terracotta is open-source, governed by the Apache 2.0 license.
Hyperlinks and Third-Party Content
Terracotta makes no claim or representation regarding and accepts no responsibility for third party websites accessible by hyperlink from Terracotta or websites linking to Terracotta. When you leave Terracotta, you should be aware that these Terms and our policies no longer govern.
We don't review, verify or authenticate content posted by others within Terracotta experiments; it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of content contained in Terracotta.
Legal disclaimers
TERRACOTTA AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TERRACOTTA ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO TERRACOTTA AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TERRACOTTA WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL TERRACOTTA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH TERRACOTTA OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TERRACOTTA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO TERRACOTTA. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of Terracotta or the use of Terracotta by any person using your account, including any claim that your use of Terracotta violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Copyright Complaints
We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to Terracotta for users who are deemed to be repeat infringers.
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the state of Indiana, without regard to conflicts of law principles.
Termination
If you breach any of these Terms, we have the right to suspend or disable your access to or use of Terracotta and notify your institution or school of the breach.
Entire Agreement
These Terms constitute the entire agreement between you and Terracotta regarding the use of Terracotta.
Questions & Contact Information
Questions or comments about Terracotta may be directed to us at support@terracotta.education.
