Building 21 Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) define the relationship between Building 21 (“Building 21,” “Company,” “we,” or “us”) and you, and govern your access to and use of Building 21’s websites, applications, and related services.

Building 21 owns and operates:
*its public informational website available at https://www.building21.org (the “Informational Website”);
*its education-related platforms and applications, including Beacon Learning, available at https://beaconlearning.me/ (the “Education Services”); and
*any related products or services offered now or in the future
(collectively, the “Services”).

These Terms apply to all users of the Services (“Users”), including educators, administrators, and other school or district personnel using the Education Services on behalf of a school or district (“School Personnel”).

By accessing or using the Services, you agree to be bound by these Terms and the applicable privacy policies:
*the Building 21 Website Privacy Policy (for the Informational Website); and
*the Building 21 Education Services Privacy Policy (for the Education Services)
(collectively, the “Privacy Policies”), each incorporated by reference.

If you do not agree to these Terms and the applicable Privacy Policies, do not use the Services.

Building 21 may modify these Terms or the Privacy Policies from time to time. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. We may provide notice of material changes through the Services or by other reasonable means.

If you are using the Education Services on behalf of a school, school district, or other educational organization that has a separate written agreement with Building 21 (including a services agreement or data privacy addendum), that agreement governs in the event of a conflict with these Terms.

Building 21 may modify, suspend, or discontinue any portion of the Services at any time, temporarily or permanently, to the extent permitted by law and consistent with any applicable written agreement. Building 21 will use reasonable efforts to provide advance notice of material changes that may significantly affect Partner Schools’ instructional use of the Services.

If you are under 18 and accessing the Services directly (not through a school or district), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Any such direct access by minors is subject to applicable law and parental consent.

If you are entering into these Terms on behalf of an organization (including as School Personnel on behalf of a school or district), you represent that you have authority to bind that organization. If you do not have such authority, you may not use the Services on that organization’s behalf.

2. Eligibility

You represent and warrant that you are capable of entering into, and complying with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and the applicable Privacy Policies.
Children under the age of 13 are not eligible to use the Informational Website except where no personal information is collected, such as passive browsing. Students under the age of 13 may use the Education Services only through a Partner School with appropriate authorization and consent, as described in the Building 21 Education Services Privacy Policy.

3. Accounts and Registration

Certain Services require account registration. When registering, you may be required to provide information such as your name and email address and to create login credentials. You agree to provide accurate information and to keep your account information current.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Student and School Use of the Education Services

Certain Services require account registration. When registering, you may be required to provide information such as your name and email address and to create login credentials. You agree to provide accurate information and to keep your account information current.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to access the Services through unauthorized means, use automated systems without permission, interfere with the operation or security of the Services, upload malicious code, or infringe the rights of others.
You acknowledge that content made available through the Services may be created by other users, and you use the Services at your own risk.

6. Privacy

Your use of the Services is subject to the applicable Privacy Policies, which describe how Building 21 collects, uses, and protects personal information.

7. FERPA

Building 21’s Education Services are designed to support Partner Schools’ compliance with the Family Educational Rights and Privacy Act (FERPA). Building 21 does not provide legal advice regarding FERPA compliance. Partner Schools are responsible for determining how FERPA applies to their use of the Services.

8. Third-Party Authentication Services

If your school or district enables third-party authentication or rostering services, you authorize Building 21 to receive and use information from those services as necessary to provide the Education Services, consistent with the Education Services Privacy Policy and any applicable written agreement.

9. Intellectual Property

Building 21 retains all rights, title, and interest in and to the Services and all curricula, tools, templates, training materials, assessment tools, documentation, software, and other materials provided by Building 21 (collectively, “Materials”), including all related intellectual property rights.

Building 21’s name, logos, and trademarks are owned by Building 21 and may not be used without prior written permission, except as permitted by law.

10. User Content and Feedback

You or your institution retain ownership of content you upload or submit through the Services (“User Content”), including student work and instructional materials.

You grant Building 21 a limited, non-exclusive, royalty-free license to host, process, transmit, and display User Content solely as necessary to provide, secure, and improve the Services, consistent with the Privacy Policies and any applicable written agreement.

If you provide feedback, ideas, or suggestions regarding the Services or Materials (“Feedback”), you grant Building 21 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate that Feedback into the Services or Materials without restriction or compensation.

11. Confidential Information

You agree to protect any non-public, confidential information disclosed by Building 21 and to use such information solely as necessary to evaluate or use the Services, unless otherwise authorized in writing.

13. Software Updates

The Services may automatically install updates designed to improve performance, security, or functionality. By using the Services, you consent to receiving such updates.

14. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. Any legal action arising from these Terms shall be brought in the state or federal courts located in Pennsylvania, unless otherwise required by applicable law or superseded by a written agreement with a Partner School.

15. Indemnification

You agree to defend, indemnify, and hold harmless Building 21 and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Services, your violation of these Terms or the Privacy Policies, or your violation of applicable law. Building 21 may assume the exclusive defense of any matter subject to indemnification at its own expense, and you agree to cooperate. This section applies to the extent permitted by law and is subject to any separate written agreement between Building 21 and a Partner School or other institution.

16. Disclaimer of Warranties

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, to the extent permitted by law.

18. No Waiver; Severability

Failure to enforce any provision of these Terms does not constitute a waiver. If any provision is found unenforceable, the remaining provisions remain in effect.

19. Termination

Building 21 may suspend or terminate access to the Services if you violate these Terms, the Privacy Policies, or applicable law. Except where immediate suspension is necessary to protect the security or integrity of the Services, Building 21 will provide reasonable notice (typically 30 days) before terminating access for non-security-related violations and, where appropriate, an opportunity to cure the violation. Termination of Services for Partner Schools is also governed by any applicable written agreement.

20. Contact Information

Questions about these Terms may be directed to:

Email: info@b-21.org
Website: https://www.building21.org
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