Mozilla Badge Backpack Terms of Use

April 4, 2012

Introduction

Mozilla Corporation (Mozilla, us or we) is committed to promoting choice and innovation on the web. That’s why Mozilla created the Open Badges Infrastructure (OBI). OBI makes it easy to issue, earn and display badges, which are digital symbols of recognition. The OBI is defined by two aspects: (i) the Open Badge Specification, which technically describes the Open Badge standard and (ii) a Badge Backpack, which is a service that provides badge earners a way to collect and manage badges. The Badge Backpack is a repository for collecting and displaying badges from a variety of sources and is a user management interface where you can collect, delete, group badges and more. To learn more about OBI, click here. Mozilla hosts its own Badge Backpack called the Mozilla Badge Backpack.

Your use of the Mozilla Badge Backpack is subject to these Terms of Use as well as the related policies referred to in these Terms of Use (we will refer to these collectively as the Terms). For clarity, your use of the Open Badge Specification is subject to separate terms. Also, other Badge backpacks may be subject to other terms.

Summary

This section is a summary of the terms below. It is provided as an aid to your understanding—but be sure to read the entire document, because when you use the Mozilla Badge Backpack, you are indicating you agree and accept our whole Terms of Use, not just this summary:

Some More Definitions

An Issuer is a person or entity that issues or awards badges, which earners can then send from the issuer to their Mozilla Badge Backpack. Most badges are issued by third parties but, in some cases, Mozilla issues badges.

An Earner is anyone that earns a Badge and uses the OBI Backpack.

Eligibility

You must be over 13 to use the Mozilla Badge Backpack.

In addition, by using the Mozilla Badge Backpack, you agree that: (i) you are at least 18 years old or are acting with the consent and supervision of your parent; and (ii) you have full power, capacity, and authority to accept these Terms on behalf of yourself, or if applicable, your employer or other entity that you represent.

Modifications to the Terms

We reserve the right to change these Terms in our sole discretion. By your continued use of the site you agree to be bound by future revisions. If we do make changes, we may notify you through email or on the Mozilla Badge Backpack but it is your responsibility to periodically visit the “Terms of Use” page on the site to learn about and review the most current version of the these Terms. If you have any questions about these Terms, please contact us.

Privacy Policy

By using the Mozilla Badge Backpack you agree to the information handling practices in our Mozilla Badge Backpack Privacy Policy.

Badge Content

Issuers are solely responsible for the information and content contained in your badge, including the accuracy and integrity of such information. Mozilla is not responsible for and makes no representation or warranty about the accuracy or integrity of that information.

Your Badges and Submissions

As an Earner, you may upload comments, profile pictures, push badges and other content as a part of the features of the Mozilla Badge Backpack (Your Submissions). By uploading Your Submissions, you hereby grant us a non-exclusive, worldwide, royalty free license to use Your Submissions in connection with the provision of the Mozilla Badge Backpack. For clarity, Your Submissions include any information or content you may upload in relation to your badges.

You represent and warrant that Your Submissions and any content you provide in a badge will not infringe the rights of any third party and that you will comply with our Content Guidelines.

Issuer Guidelines

As an Issuer, you hereby grant us a non-exclusive, worldwide, royalty free license to use badges (including all the content and code in them) pushed to us by Earners from you in connection with the Mozilla Badge Backpack.

If you are an Issuer of badges and enable earners to send badges to their Mozilla Badge Backpack, you also represent and warrant to us that:

  1. You will comply with all laws and regulations, including having a legally compliant privacy policy describing your role and interaction with the Mozilla Badge Backpack as well as your collection, use, retention or disclosure of information used in badges.
  2. Your badges will comply with our Content Guidelines.
  3. You will comply with the applicable guidelines in the Open Badges FAQ for Issuers.
  4. You will get Earner consent prior to sending a Badge to the Mozilla Badge Backpack.
  5. You will not send us the information of any user under the age of 13.
  6. None of your badges will contain content or other information that infringes the rights of any third party (including intellectual property, privacy or publicity rights).
  7. Badges may only contain the user’s email address, the issuer’s name, the badge name and specific data about what the badge means such as the badge description and criteria URL, which is a URL pointing to a page hosted by the issuer that details all the criteria required for earning the badge. You will minimize any personal information inserted into a badge’s description by limiting that information to the achievement or accomplishment of skills, attainment of certification or credentials. See the technical specifications about badges for more information.
  8. If you are an educational institution, the criteria for earning badges may list required grades or minimum grades but the badge itself may not contain any information indicating the actual grade received by that Earner.

Digital Millennium Copyright Act Notice

If you are a copyright owner or an agent of a copyright owner and believe that content available by means of one of Mozilla’s websites infringes one or more of your copyrights, please immediately notify Mozilla's Copyright Agent by means of emailed, mailed, or faxed notice (DMCA Notice) and include the information described below. You can review 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act for authoritative detail, or consult your own attorney if you need assistance. If Mozilla takes action in response to a DMCA Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Mozilla. You may be held liable for damages based on certain material misrepresentations contained in a DMCA Notice. Thus, if you are not sure content located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.

All DMCA Notices should include the following:

Mozilla's designated Copyright Agent to receive notifications of claimed infringement is as follows:

Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041
Email:
Phone Number: 650-903-0800
Fax: 650-903-0875

If you fail to comply with all of the requirements of a DMCA notice, Mozilla may not act upon your notice.

Mozilla will terminate a user's account if, under appropriate circumstances, they are determined to be a repeat infringer.

The contact information provided above also applies to notices that are based on non-U.S. copyrights or trademarks.

Only DMCA Notices, Trademark Notices (which are defined below), and international copyright or trademark notices should go to the copyright agent.

Please be advised that any DMCA Notices sent to Mozilla may be sent to third parties (including the accused) and posted on the Internet (including at http://www.chillingeffects.org/).

Trademark Notices

If you are a trademark owner or an agent of a trademark owner and believe that content available by means of one of Mozilla’s websites infringes one or more of your trademarks, please immediately notify Mozilla's Copyright Agent by means of emailed, mailed, or faxed notice (Trademark Notice) and include the information described above for DMCA notices. Mozilla handles notices it receives of trademark violations via a process very similar to the DMCA Notice process that is described above for copyrights. In addition to the DMCA Notice requirements, Mozilla requires that the entire Trademark Notice be made by the trademark owner (or her agent) under penalty of perjury.

Representation and Warranty

You represent and warrant that your use of the Mozilla Badge Backpack will be in accordance with these Terms, with any applicable laws and regulations, and with any other applicable policy or terms and conditions. You further represent and warrant that you will not circumvent the encryption or other security measures put in place by Mozilla with respect to the Mozilla Badge Backpack.

Release and Indemnification

You release Mozilla, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users, including Issuers.

You agree to defend, indemnify and hold harmless Mozilla, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys' fees, arising out of your use of the Mozilla Badge Backpack, including but not limited to those arising out of your violation of any representation or warranty contained in these Terms.

Termination or Suspension of Access or Use

By User. You may terminate your use of the Mozilla Badge Backpack by deleting your account by following the directions on this page. Your backpack will be deleted from Mozilla’s systems. This will not delete badges from your issuer’s service or other backpacks or third parties–please contact those entities if you would like them to remove or delete your badges or accounts.

By Mozilla. Mozilla has the right (though not the obligation) to, in Mozilla’s sole discretion, remove any content or any user account that, in Mozilla’s reasonable opinion, violates any Mozilla policy or is in any way harmful or objectionable. Mozilla may at any time suspend or terminate your use of the Mozilla Badge Backpack if Mozilla is no longer going to provide the Mozilla Badge Backpack or Mozilla believes you have violated any policies or breached these Terms.

Content Guidelines

This document describes the various types of content that is inappropriate on the Mozilla Badge Backpack. If you are an issuer of badges, you must not send badges to the Mozilla Badge Backpack that violate these guidelines. If you are an earner of badges that uses the Mozilla Badge Backpack, you must not upload any content in violation of these guidelines. We may update this list from time to time.

Disclaimer; Limitation of Liability

THE MOZILLA BADGE BACKPACK IS PROVIDED "AS IS," AND MOZILLA, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MOZILLA, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED ON THE MOZILLA BADGE BACKPACK (INCLUDING ANY BADGES YOU EARN) IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT THROUGH MOZILLA'S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT MOZILLA, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT.

IN NO EVENT WILL MOZILLA, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE MOZILLA BADGE BACKPACK, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF MOZILLA, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ISSUERS ARE RESPONSIBLE FOR THE ACCURACY AND INTEGRITY OF INFORMATION CONTAINED IN YOUR BADGE AND THE BADGE ITSELF. MOZILLA IS NOT RESPONSIBLE FOR AND MAKES NO GUARANTEE ABOUT THE ACCURACY OR INTEGRITY OF THAT INFORMATION. FOR INFORMATION ON HOW YOU CAN ACCESS THE INFORMATION IN YOUR BADGE AND CORRECT ANY ERRONEOUS INFORMATION, SEE THE MOZILLA BADGE BACKPACK PRIVACY POLICY.

Governing Law

These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any claims or disputes.

Miscellaneous

You may not assign your rights or delegate its obligations under these Terms. These Terms are not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. These Terms will be governed and construed in accordance with the laws of California, without regard to conflict of law principles. The parties are independent contractors. These Terms shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. These Terms supersede, and govern, any other prior or collateral agreements with respect to the subject matter hereof. If any provision of these Terms are held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of these Terms, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by either party of the breach of any term or covenant contained in these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant contained in these Terms.