My Scrambled Terms of Service

Welcome to My Scrambled. Please read these Terms of Service ("TOS") and the My Scrambled Privacy Policy and Honor Code prior to registering for myscrambled.com or using any portion of the My Scrambled website (the "Site," which consists of all content and pages located within the myscrambled.com web domain), including accessing any course material, chat rooms, or other electronic services. These TOS, the Privacy Policy and the Honor Code are agreements (the "Agreements") between you and My Scrambled. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

My Scrambled reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS, the Honor Code and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

As a condition of your use of the My Scrambled services, you will not use the Site in any manner intended to damage, disable, overburden or impair any My Scrambled server or the network(s) connected to any My Scrambled server or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any My Scrambled server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Viruses, Trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property;
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

USER ACCOUNTS AND AUTHORITY

In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account ("User Account"). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you My Scrambled collects and how My Scrambled uses that information.

YOUR RIGHT TO USE CONTENT ON THE SITE

Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only. We aim to make much of the My Scrambled course content available under more open license terms that will help create a vibrant ecosystem of contributors and further My Scrambled's goal of making education accessible and affordable to the world.

Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

USER POSTINGS

User Postings Representations and Warranties. By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize My Scrambled and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not My Scrambled, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to My Scrambled. By submitting or distributing your User Postings, you hereby grant to My Scrambled a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License Grant to My Scrambled Users. By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.

TRADEMARKS

Use of My Scrambled. The "My Scrambled” names, logos and seals are trademarks ("Trademarks") of the respective entities. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions' sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions. All Trademarks not owned by My Scrambled or the Members that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.

DIGITAL MILLENNIUM COPYRIGHT ACT

Copyright owners who believe their material has been infringed on the Site should contact My Scrambled's designated copyright agent at dmca- agent@MyScrambled.com, Attention: My Scrambled DMCA Agent/General Counsel.
Notification must include:

  • Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
  • Information for us to be able to contact the complaining party (e.g., email address, phone number).
  • A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
  • A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

The site and any information, content or services made available on or through the site are provided "as is" and "as available" without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non- infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

My scrambled and the my scrambled participants (as herinafter defined) do not warrant that the site will operate in an uninterrupted or error-free manner, that the site is free of viruses or other harmful components, or that the courses or content provided will meet your needs or expectations. my scrambled and the my scrambled participants also make no warranty about the accuracy, completeness, timeliness, or quality of the site or any courses or content, or that any particular courses or content will continue to be made available. “my scrambled participants” means the other members, the entities providing information, content or services for the site.

Use of the site, and the content and services obtained from or through the site, is at your own risk. your access to or download of information, materials or data through the site or any reference sites is at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the my scrambled privacy policy.

User postings disclaimer. you understand that when using the site, you will be exposed to user postings from a variety of sources and that neither my scrambled nor the my scrambled participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such user postings. you further understand and acknowledge that you may be exposed to user postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against my scrambled or any of the my scrambled participants with respect thereto. neither my scrambled nor any of the my scrambled participants endorse any user postings or any opinion, recommendation or advice expressed therein. neither my scrambled nor any of the my scrambled participants have any obligation to monitor any user postings or any other user communications through the site.

However, my scrambled reserves the right to review user postings and to exercise its sole discretion to edit or remove, in whole or in part, any user posting at any time and for any reason, or to allow the my scrambled participants to do so. without limiting the foregoing, upon receiving notice from a user or a content owner that a user posting allegedly does not conform to these tos, my scrambled may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice.

Links to other sites. the site may include hyperlinks to sites maintained or controlled by others. my scrambled and the my scrambled participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. if you decide to access linked third-party websites, you do so at your own risk.

To the fullest extent permitted by applicable law, you agree that neither my scrambled nor any of the my scrambled participants will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms of service, or your (or any third party's) use of or inability to use the site, or your placement of content on the site, or your reliance upon information obtained from or through the site, whether your claim is based in contract, tort, statutory or other law.

in particular, to the fullest extent permitted by applicable law, neither my scrambled nor any of the my scrambled participants will have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not my scrambled or any of the my scrambled participants has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data or interruption in availability of data). certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify My Scrambled and the My Scrambled Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, My Scrambled or one of the My Scrambled Participants will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

Termination Rights; Discontinuation of Courses and Content. You agree that My Scrambled, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is My Scrambled's policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. My Scrambled and the My Scrambled Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through My Scrambled, or to cease providing any part or all of the Site content or related services, and you agree that neither My Scrambled nor any of the My Scrambled Participants will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement. These TOS, the Honor Code, and the Privacy Policy together constitute the entire agreement between you and My Scrambled with respect to your use of the Site, superseding any prior agreements between you and My Scrambled regarding your use of the Site.

Waiver and Severability of TOS. The failure of My Scrambled to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving New Port Richey, Florida, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

My Scrambled Honor Code Pledge

COLLABORATION POLICY: My Scrambled depends upon your motivation to learn the material and to do so with honesty. In order to participate in My Scrambled, you must agree to the Honor Code below and any additional terms specific to a class. This Honor Code, and any additional terms, will be posted on each class website.

MY SCRAMBLED HONOR CODE PLEDGE:

By enrolling in a My Scrambled course, I agree that I will:

  • Complete all tests and assignments on my own, unless collaboration on an assignment is explicitly permitted.
  • Maintain only one user account and not let anyone else use my username and/or password
  • Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.
  • Not post answers to problems that are being used to assess student performance.

VIOLATIONS

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

  • Receiving a zero or no credit for an assignment.
  • Having any certificate earned in the course withheld or revoked.
  • Being unenrolled from a course.
  • Termination of your use of the Site.
  • Additional actions may be taken at the sole discretion of My Scrambled and My Scrambled Member course providers.

No refunds will be issued in the case of any corrective action for such violations. Honor code violations will be determined at the sole discretion of My Scrambled Members. You will be notified if a determination has been made that you have violated this honor code and you will be informed of the corresponding action to be taken as a result of the violation.

CHANGING THE HONOR CODE

Please note that we review and may make changes to this Honor Code from time to time. Any changes to this Honor Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honor Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honor Code.

Privacy Policy

At My Scrambled, we care about the confidentiality and security of your personal information. We will use commercially reasonable efforts to keep your Personal Information secure in compliance with this Privacy Policy. "Personal Information" is defined below. As used in this Privacy Policy, "we," "us," and "our" refer to My Scrambled.

This Privacy Policy only applies to information that we collect through the My Scrambled Website (the "Site," which consists of all content and pages located within the My Scrambled.org web domain) and does not apply to information that we may collect from you in other ways (for example, this policy does not apply to information that you may provide to us over the phone, by fax, or through conventional mail). In addition, please note that your education records are protected by the Family Educational Rights and Privacy Act ("FERPA") to the extent FERPA applies.

CONSENT TO PROCESSING OUTSIDE HOME COUNTRY

By using our Site, or providing information to My Scrambled, you understand and unambiguously consent to the collection, use, disclosure and retention of information in the United States and other countries and territories, for the purposes set forth in this Privacy Policy and the My Scrambled Terms of Service. You hereby consent to the collection, use, disclosure, and retention by My Scrambled of your Personal Information as described under this Privacy Policy, including but not limited to the transfer of your personal data between My Scrambled and the third parties, affiliates, and subsidiaries described in this Privacy Policy. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personal Information to a jurisdiction which may provide a different level of privacy protection than that available in your own country.

If you do not agree with these terms, then please do not access, browse, or register for the Site. If you choose not to provide us with certain information required to provide you with various services offered on our Site, you may not be able to establish a user account and we may not be able to provide you with those services.

PERSONAL INFORMATION

As used in this Privacy Policy, "Personal Information" means any information about yourself that you may provide to us when using the Site, such as when you sign up for a user account or enter into a transaction through the Site, which may include (but is not limited to) your name, contact information, gender, date of birth, occupation, and learning disabilities. We endeavor to limit the collection of Personal Information to what we need with respect to specific Site activities in order to satisfy business, legal, or regulatory requirements.

My Scrambled does not currently collect financial information from you; however, if you choose to donate, you will be directed to our third party payment processor; and the submission of your payment information will be subject to the terms found at the payment landing page accessible via My Scrambled Terms of Service.

INFORMATION WE COLLECT AND HOW WE USE IT

We collect information, including Personal Information (described above), when you sign up for a user account, participate in online courses, send us email messages and/or participate in our public forums. We also collect certain usage information about student performance and patterns of learning. In addition, we track information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited and which hyperlinks and other user interface controls were used.

We may log the IP address, operating system, and browser software used by each user of the Site, and we may be able to determine from an IP address a user's Internet Service Provider and the geographic location of his or her point of connectivity. Various web analytics tools are used to collect this information. Some of the information is collected through cookies (small text files placed on your computer that store information about you, which can be accessed by the Site). You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookies, many functions and conveniences of this Site may not work properly.

USE AND DISCLOSURE TO THIRD PARTIES

Among other things, we and the educational institutions and other leading global members that provide courses through My Scrambled (the "Members") may use the information about you collected through the Site (including your Personal Information) in connection with the following. In cases where we share or disclose your Personal Information: (1) the third party recipients are required to handle the Personal Information in a confidential manner and to maintain adequate security to protect the information from loss, misuse, unauthorized access or disclosure, alteration, and destruction; and (2) we will only disclose and share the Personal Information that is required by the third party to fulfill the purpose stated at the time of collection. To enable the Members to provide, administer, and improve the courses.

To help us and the Members improve My Scrambled offerings, both individually (e.g., by course staff when working with a student) and in aggregate, and to individualize the experience and to evaluate the access and use of the Site and the impact of My Scrambled on the worldwide educational community. For purposes of scientific research, particularly, for example, in the areas of cognitive science and education. For the purpose for which you specifically provided the information, for example, to respond to a specific inquiry or provide you with access to the specific course content and/or services you select. To track both individual and aggregate attendance, progress and completion of an online course, and to analyze statistics on student performance and how students learn. To monitor and detect violations of the Honor Code, the Terms of Service, as well as other misuses and potential misuses of the Site. To publish information, but not Personal Information, gathered about My Scrambled access, use, impact, and student performance. To send you updates about online courses offered by My Scrambled or other events, to send you communications about products or services of My Scrambled, My Scrambled affiliates, or selected business partners that may be of interest to you, or to send you email messages about Site maintenance or updates. To archive this information and/or use it for future communications with you. To maintain and improve the functioning and security of the Site and our software, systems, and network. For purposes described elsewhere in this Privacy Policy (including, e.g., Sharing with Third Parties). As otherwise described to you at the point of collection or pursuant to your consent. To authenticate your identity when you register for a paid certificate. To process refunds, as applicable. We will share information we collect with the Members, and we and the Members may share this information (including Personal Information) with third parties as follows: With service providers or contractors that perform certain functions on our or the Members' behalf, including processing information that you provide to us on the Site, processing purchases via third party providers, and other transactions through the Site, operating the Site or portions of it, providing or administering courses, or in connection with other aspects of My Scrambled or Member services. For purposes of scientific research, particularly, for example, in the areas of cognitive science and education. However, we will only share Personal Information about you for this purpose to the extent doing so complies with applicable law and is limited to the Personal Information required to fulfill the purposes stated at the time of collection. To provide opportunities for you to communicate with other users who may have similar interests or educational goals. For instance, we may recommend specific study partners or connect potential student mentees and mentors. In such cases, we may use all information collected about you to determine who might be interested in communicating with you, but we will only provide other users your username, and not disclose your real name or e-mail address to your contact. To respond to subpoenas, court orders, or other legal process; to investigate, or prevent, or take action regarding illegal activities, suspected fraud, or security or technical issues, or to enforce our Terms of Service, our Honor Code, or this Privacy Policy; as otherwise may be required by applicable law; or to protect our rights, property, or safety or those of others. With affiliates of My Scrambled or the Members, or with successors in the event of a merger, acquisition or reorganization, for their use consistent with this Privacy Policy. As otherwise described to you at the point of collection or pursuant to your consent. For integration with third party services. For example, videos and other content may be hosted on YouTube and other websites not controlled by My Scrambled. In addition, we may share aggregated information that does not personally identify you with the public and with third parties, including but not limited to researchers and business partners.

USE FOR PERSONALIZATION AND PEDAGOGICAL IMPROVEMENTS

Our goal is to provide current and future visitors with the best possible educational experience. To further this goal, we sometimes present different users with different versions of course materials and software. We do this to personalize the experience to the individual learner (assess the learner's level of ability and learning style, and present materials best suited to the learner), to evaluate the effectiveness of our course materials, to improve our understanding of the learning process and to otherwise improve the effectiveness of our offerings. We may publish or otherwise publicize results from this process, but, unless otherwise permitted under this Privacy Policy, those publications or public disclosures will not include Personal Information.

LINKS TO OTHER WEBSITES

The Site contains links to websites published by third parties, including other content providers as well as certain service providers, such as those who process payments on behalf of My Scrambled. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the collection and use of your information by such websites, unless we have otherwise indicated in this Privacy Policy. We encourage you to be aware when you are being redirected to a third party website and review the privacy policies of each website you visit and use.

SECURITY

My Scrambled has a program designed to protect Personal Information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Personal Information that it creates, receives, maintains, or transmits. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, My Scrambled cannot guarantee its absolute security.

CHANGING OUR PRIVACY POLICY

Please note that we review and may make changes to this Privacy Policy from time to time. When changes are made, the Privacy Policy link will include a notation "Revised (date)." indicating that you should review the new terms, which will be effective immediately upon posting on this page, with an updated effective date. The notation will be included in the Privacy Policy link for at least seven (7) days after the update has been made. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified Privacy Policy and any changes contained therein. In case you miss the notification referenced above, be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

PRIVACY CONCERNS

If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access the information we maintain about you, please contact us at privacy@MyScrambled.com.