Orchard Support Center

Terms of Use

Effective: December 2022

Updated: December 2022
 

 

PLEASE READ ALL OF THE FOLLOWING CAREFULLY BECAUSE THESE TERMS OF USE AND PRIVACY POLICY (collectively “Orchard Terms”), ALONG WITH ASU’S PRIVACY POLICY AND TERMS OF USE AS LINKED BELOW GOVERNS YOUR USE OF ORCHARD. FOR PURPOSES OF THESE ORCHARD TERMS, “WE” OR “US” REFERS TO ASU AND “YOU” REFERS TO THE USERS OF ORCHARD, INCLUDING LEARNERS AND EDUCATORS.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE ORCHARD.

WHEN YOU LOG IN TO YOUR ACCOUNT AND CLICK THE ‘ACCEPT’ BUTTON FOR THESE TERMS, YOU CONSENT TO:

1. ASU using the Personal and Performance Data you provide to us to interact with you regarding any information you request. We do not sell user data collected from Orchard users.
2. The most recent terms of ASU'S PRIVACY STATEMENT
3. The most recent terms of ASU’S TERMS OF USE
4. The most recent terms of ASU’s IP Policy.
5. The Orchard Terms of Use as set forth below.

WE MAY MODIFY THE ORCHARD TERMS FROM TIME TO TIME IN OUR SOLE DISCRETION AND WITHOUT NOTICE TO YOU. WE WILL POST THE MOST RECENT REVISION DATE AT THE END OF THIS POLICY. YOUR CONTINUED USE OF ORCHARD AFTER ANY MODIFICATION TO THE ORCHARD TERMS OR TO ASU’S PRIVACY POLICY, TERMS OF USE, AND IP POLICY MEANS YOU HAVE ACCEPTED THE MODIFICATIONS.

PRIVACY

Overview of Orchard. The Arizona Board of Regents for and on behalf of Arizona State University and its related entity ASU EdPlus (ASU, EdPlus, us, or we) developed Orchard, a learning content database that can be used to manage and share learning content and to create adaptive learning experiences.

What Data Orchard Collects. Orchard uses your interactions with content to provide additional content that is relevant and may assist with your learning. We may identify areas of misconception or need for additional support (collectively your “Performance Data”).

In addition to the information that we may collect about you as stated in the ASU Privacy Policy, to use Orchard, we require you to provide us with the following information (collectively referred to as “Personal Data”):

Learners:

• Username
• Your Email Address

Content Creators:

• First name
• Last name
• Your Email Address
• Organization
• Department
• Login Credentials

Additional optional personal data may be requested and can be provided at user’s discretion.

If you are affiliated with a school or organization, your Personal Data may be provided to us from that school or organization. 

Orchard uses Google Analytics, a web analysis service provided by Google Inc., to collect information about your use of the Site, which your web browser automatically sends to Google.  This information includes the URLs of the websites that you visit and your IP address. Google may also set cookies or read preexisting cookies. This information is stored on Google's servers. Google uses this information to provide us with reports about website traffic and your visits to the website (for example, the domain from which you access the Internet, the web address of the website from which you linked to the Site, and the date and time of your visit to the websites that you view and click through).  We will use this data to improve the website's structure and content.  By providing your consent to the collection, use and disclosure of your personal information when you create your Orchard user account, you agree that Google may use this data in accordance with its Privacy Policy, which is located at Privacy Policy – Privacy & Terms – Google.  For more information on how Google uses your data, visit How Google uses information from sites or apps that use our services – Privacy & Terms – Google. You may opt out of our use of Google Analytics by visiting the Google Analytics opt-out website at

Google Analytics Opt-out Browser Add-on Download Page  and installing the Google Analytics Opt-Out Browser Add-On.  Please remember that you will need to opt out for each browser you use.

How We Use Your Data. ASU uses your Performance Data and Personal Data to provide you relevant content via your use of Orchard. We may also use your Performance and Personal Data to provide you information regarding ASU, specific courses and programs offered by ASU that may be of interest to you based on the results of your Orchard use, and to send you updates and information regarding Orchard.

We may also archive your Performance and Personal Data; use it in an aggregated and anonymized form for research and analytics purposes; use it for future communications with you; use it to establish, exercise, and defend legal claims; use it for reasons of substantial public interest, including archiving purposes; and use it for historical, scientific, research, or statistical purposes, subject to appropriate safeguards and any consents required by applicable laws. When reasonably possible, we process your Performance and Personal Data on an anonymized, pseudo anonymized, and/or de-identified basis.

We may also use your Performance and Personal Data to communicate with Orchard Content Creators and Educators, as defined below, to help them develop, update, and track learning gaps, both on an aggregate and individual basis. If your Educators use the Orchard dashboards, your consent to this Policy includes a consent to allow ASU to share your Performance and Personal Data with your school, teacher, teaching assistants, tutors, instructional designers, any other individuals involved with your academic success (“Educators”).  We do not allow any schools or teaching individuals to share your Personal Data unless permitted by applicable law.

YOUR CHOICES

Emails. You may change previously expressed preferences regarding how we use information you provide on or through Orchard. For example, if you have provided your contact information and receive periodic emails from us, you may decide to stop receiving those emails by clicking the “unsubscribe” link in an email’s footer. Note that we may still send you emails regarding your usage of Orchard. For other changes, please contact us at orchardsupport@asu.edu.

Previously Expressed Preferences. If you have created an account on Orchard, you may be able to access, update or correct your information through your account settings. Otherwise, you may contact us to update your information. Please contact us using the information provided below. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover.  In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.

Do Not Track Signals.  Some web browsers (such as Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (DNT) feature that tells websites that users do not want to have their online activity tracked. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, ASU does not respond to DNT signals.

Children. Orchard is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Data on or through Orchard without the consent and supervision of a parent or guardian, please contact us using the information provided below so that we can take appropriate action.

TERMS

General Terms. We reserve the right to suspend or discontinue your use of Orchard if you use, or we suspect you use, Orchard in a manner inconsistent with the Orchard Terms, the ASU Terms, the ASU Privacy Policy or any applicable laws, rules, and regulations. In addition to suspension or discontinuance of your use of Orchard, we may take appropriate administrative and/or legal action, as we deem necessary.

ASU’s failure to enforce any provision of the Orchard Terms will not constitute a waiver of any other provision.

All questions or disputes regarding Orchard will be resolved by ASU in its sole discretion. Please direct questions or disputes to orchardsupport@asu.edu. All decisions made by ASU or its designated agents regarding Orchard, your use of Orchard, and the Orchard Terms are final.

Your use of Orchard is subject to all applicable laws and regulations.

Account Registration. If you create an account on Orchard (a “User Account”) and submit information to us, you must ensure that such information is accurate. You must promptly update such information if it changes. If you’re agreeing to the Orchard Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school or district), you represent and warrant that you are authorized to agree to these terms on that organization or entity’s behalf and bind them to these terms.

Accounts are Personal. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to your User Account or your username. You will not share or otherwise transfer your User Account or credentials.

Security of Your Account. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your User Account. You agree to notify ASU immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or User Account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by ASU or a third party due to someone else using your User Account, regardless of whether they are authorized.

Limitation of Liability; Warranties; Disputes. ASU is not responsible for technical, network, electronic, computer, hardware or software malfunctions, or inaccurate transmission of data, including errors or difficulties that may occur in connection with the administration of Orchard or communicating with you. ASU is also not responsible for any incorrect or inaccurate information, whether caused by Orchard users, tampering, hacking, or by any equipment or programming associated with or used in Orchard.

You accept all responsibility for, and hereby release ASU of and from, any claims, liabilities, damages or expenses that may arise from your use of Orchard, or for any harm or injury caused by your use of Orchard.

UNDER NO CIRCUMSTANCES IS ASU LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF ORCHARD, EVEN IF ASU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

ASU DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING ORCHARD, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school or district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

You promise to only use Orchard for your personal educational use, in a manner that complies with all laws that apply to you, and in a manner in accordance with your current organization’s contracted agreement with Orchard. If your use of Orchard is prohibited by applicable laws or outside the scope of your organization’s contracted agreement with Orchard, then you aren’t authorized to use Orchard. Orchard is not liable or responsible for any use of Orchard that breaks your organization’s contracted agreement with Orchard, or any applicable laws.

Governing Law. The Orchard Terms will be governed by the laws of the State of Arizona without regard to any conflicts of laws principles. ASU’s obligations are subject to the regulations/policies of the Arizona Board of Regents. Any proceeding arising out of or relating to this Agreement or your use of Orchard will be conducted in Maricopa County, Arizona. You consent to such jurisdiction, and waive any objection you may have to venue or convenience of forum.

Intellectual Property.  The materials displayed or performed on Orchard, including, but not limited to, text, graphics, articles, videos, photos, images, illustrations, User Submissions (defined below), and so forth –i.e. the “Content” are protected by copyright and other intellectual  property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access or upload into Orchard, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you except as permitted within Orchard, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ASU’s) rights.

You understand that ASU also develops, owns, and publishes its own digital content through Orchard, and that you cannot modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), creative derivative works based on, or otherwise exploit any of the Orchard content or services without our permission, or as per your organization’s contracted agreement with ASU. Derivative works are only allowed when you belong to an organization that has contracted for the rights and administrative tools to do so.

User Submissions. Anything you post, upload, share, store, or otherwise provide on Orchard is your “User Submission.” Some User Submissions are viewable and usable by other users. In order to display your User Submissions on Orchard, and to allow other users to access or view them (where applicable), you grant us certain rights in those User Submissions. 

Non-exclusive License. To properly administer Orchard and preserve the contents for future use, we require certain permissions and representations from you, the author(s) or copyright owner of the User Submissions. By granting this license, you are not transferring ownership in the copyright to the work nor are you giving up the right to submit the work to publishers or other repositories.

By accepting the Orchard Terms, you grant to ASU the non-exclusive, irrevocable, royalty-free, and worldwide right to reproduce, exhibit, translate (as described below) and/or distribute your User Submissions (including the metadata and abstract) in any format or medium worldwide and royalty-free for non-commercial, academic purposes only.

Orchard will clearly display your name(s) as the author(s) of the submission, and will not make any alteration, other than as allowed by these terms, to your User Submissions.

You agree that ASU may, without changing the content, translate the submission to any medium or format and keep more than one copy for purposes of security, back up and preservation.

You also agree that certain authorized Orchard users may have the right to use your User Submissions for non-commercial, academic purposes, so long as all attributions are retained.

You represent and warrant that (1) you have all of the rights necessary to grant the license and rights contained in this license agreement; (2) your submission does not, to the best of your knowledge, infringe upon any third party’s copyright or other intellectual property rights; and (3) the submission contains no libelous or other unlawful matter and will not violate the right of privacy or constitute an invasion of any other rights of any person or third party.

You are responsible for all Content you contribute, in any manner, to Orchard. If the submission contains material for which you do not hold copyright, you represent that you have all necessary rights to submit it, including sufficient permission from the copyright owner to grant ASU the rights required by this license, and that such third-party owned material is clearly identified and acknowledged within the text or Content.

If the submission is based upon work that has been sponsored or supported by an agency or organization other than ASU, you represent that you have fulfilled any right of review or other obligations required by that contract or agreement.

You acknowledge and agree that we may or may not, at our discretion, screen User Submissions before or after its appearance on Orchard, but that we have no obligation to do so. You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Submission that is contributed to Orchard, but we do not assume the obligation. Without limiting the foregoing, we have the right, in our sole discretion, to delete any User Submission that violates these Orchard Terms, or is otherwise objectionable, or for any reason whatsoever. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Submissions, and you agree that you must evaluate and bear the risks associated with your use of or your reliance on the accuracy, completeness, or usefulness of the Content.

You agree to hold ASU harmless for any liability arising from any breach of the representations given by you in this license agreement.

DMCA. If you believe that your work has been copied or used on Orchard in a way that constitutes infringement, please provide notice to ASU's Copyright Agent and include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description where the material that you claim is infringing is located on this website; (iv) your address, telephone number, and valid email address; (v) a statement made under penalty of perjury by you that the information provided in the notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:

Orchard Support Team

orchardsupport@asu.edu

It is our policy, in appropriate circumstances, to terminate the accounts of members or users who are repeat infringers or are repeatedly charged with infringement.

Appropriate Use. You agree that you will not:

• Post content or otherwise engage in activity that: harasses, abuses, or threatens any other person, or that contains obscene content; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification; or is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy.
• Post spam or other advertisements or solicitations, promote commercial entities, or otherwise engage in commercial activity on or through Orchard.
• Violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability.
• Violate these Orchard Terms or any guidelines or policies posted by us.
• Interfere with any other user’s or party’s use and enjoyment of Orchard.

If you violate any of these rules or use Orchard in any way that is not authorized, we may, in our sole discretion, remove any posts, block access to Orchard, and/or cancel your or any other user’s account.

Dispute Resolution. If a dispute arises under the Orchard Terms, the parties will exhaust all applicable administrative remedies provided for under Arizona Board of Regents Policy 3-809.

Arbitration. If and to the extent required, the parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to mandatory arbitration pursuant to ARS § 12-133. 

Contact Information: If you have any questions or concerns please contact us at:

Email: orchardsupport@asu.edu

You understand that your acceptance constitutes your consent to the collection, use, and disclosure of your personal information for the above purposes. If you do not consent, you may not proceed.

 

Terms of Deposit

Effective: March 2023

Updated: March 2023

• You acknowledge and agree that you are solely responsible for any and all content you submit on Orchard. You further agree that you have all required rights and permissions to submit, post, upload, disseminate, or otherwise use such content without violation of any third-party rights, and that any third-party owned content you upload is clearly identified and acknowledged within the text of the submission.
• You represent and warrant that you own or otherwise control all rights to any content that you post on or through Orchard. You agree that you will indemnify, defend, and hold harmless ASU for all claims resulting from content you post. 
• You understand and agree that ASU may delete or disable any content that violates copyright law, violates the terms of use of Orchard, or for any other reason.