Thank you for using the products, data sets and services of the Education Data Center at www.zelma.ai. (“Services” or “Site”). The Education Data Center is a partner project of the National Center for Civic Innovation (“NCCI”).

Subject to your compliance with the terms and conditions set forth in these Terms of Service, NCCI grants you a revocable, non-exclusive, non-transferable permission to access and make use of the data sets and other features on the Site.

Description

1. General Rules and Definitions

1.1 If you access, browse and/or choose to use any features of this Site, including queries, submissions, downloads, SQL code, or visuals, you are agreeing that you have read, understood, accepted, and are bound by all the terms and conditions (“Terms”) of these Terms of Service between you and NCCI. Please read these Terms carefully.

1.2 NCCI reserves the rights to change, add, or remove portions of these Terms of Service at any time without notice, which updates are effective immediately upon posting. Use of the Services after any changes have been posted will constitute your agreement to the updated Terms of Use.

1.3 NCCI may discontinue or modify Services, including the availability of any features, database, or content, at any time with or without notice and will not be liable to you or any third party for any such modification, suspension, or discontinuation of our Site and Services. If you do not accept these Terms, please do not use this Site and Services.

2. Copyrights, Trademarks, and Licenses

2.1 You acknowledge that all content and materials contained within the Site, including the State Assessment Data Repository, including articles, text, graphics, video, audio content, images, visualizations, and computer code (the “Content”), are protected by copyright under the copyright laws of the United States and other countries.

2.2 You also acknowledge that all copyrights in the Content are owned by NCCI. Videos and photography are copyrighted by license holders and are used with permission.

2.3 You agree not to sell, distribute, share or transfer any of the data or data sets obtained through this Site to third-parties, or publicly display any of the data or data sets obtained through this Site. However, you are permitted to use the data or data sets from the Site to create derivative works as long as such derivative works contain only aggregated data or data sets.

2.4 The data sets are provided “as is” and NCCI makes no representations and extends no warranties of any kind, express or implied to you. Neither NCCI nor its affiliate, the Fund for the City of New York (together “NCCI-FCNY”), shall be liable for any claims or damages with respect to any loss or other claim by you or any third party on account of, or arising from the use of the Site, including any data or data sets, or your queries or submissions to the Site and any responses or results.

2.5 All trademarks, logos, service marks, slogans, and designs of the Site (collectively “Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to NCCI and are protected from reproduction, imitation, dilution, or confusing or misleading uses under the trademark laws of the United States and other countries. The use or misuse of these Marks, except as authorized in writing, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right to or in these Marks.

3. User Obligations

3.1 You are solely responsible for the content of your submissions. You may submit queries on the Site so long as the content is not libelous, defamatory, obscene, pornographic, infringing on intellectual property rights, violating of privacy, publicity, moral, contractual or proprietary rights, abusive, or otherwise illegal. NCCI reserves the right, but not the obligation, to remove or edit such content.

3.2 You acknowledge that the responses to your queries or submissions to the Site are produced by AI. AI features may not always produce perfect results, and users should exercise discretion when relying on AI-driven recommendations.

3.3 Users have no claims of ownership in any data or data sets, or other content, of the Site. If you make any queries or submissions to the Site, such queries or submissions and any responses or results to them are the sole property of NCCI. You waive any rights to them. Queries or submissions, and their responses or results, may be integrated into the Site and may be used to train AI within the Site.

3.4 You may not access or use, or attempt to access or use, the Services to take any action that could harm NCCI-FCNY or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Violations of these Terms may result in civil or criminal liability.

3.5 You agree to acknowledge the Education Data Center, a partner project of NCCI, as the source of these data.

3.6 You agree that you will not use the Site, the Services, including any data, data sets or derivative works, to identify or to otherwise infringe the privacy or confidentiality rights of individuals.

4. Access and Availability of Third-Party Services and Links

4.1 The Services contain links to websites operated by persons other than NCCI that will let you leave the Site. NCCI is not responsible for the availability of these outside resources, their contents, any link contained in a linked site, or any changes or updates to such site.

4.2 NCCI provides these links only as a convenience, and the inclusion of any link does not imply or mean endorsement by NCCI or their funders of the site or its contents.

5. Electronic User Communications

5.1 By creating an account on the Site, subscribing to receive updates, or sending emails to NCCI regarding EDC, you are communicating electronically and therefore consent that NCCI may email you. NCCI will communicate with you by email to provide user support or to provide data updates.

5.2 You can change your mind at any time by clicking the opt-out link in any of our email messages. In addition, you may request removal of your personal information from our database at any time by sending an email to zelmadata@gmail.com. We take your privacy very seriously.

6. Unsolicited Email Policy

6.1 The presence of email addresses on this site is not an invitation for unsolicited commercial email. The use of spiders, robots, and other technologies to collect email addresses from this site is prohibited. Senders of email are expected to abide by all applicable state and federal laws.

7. Representations and Warranties

7.1 Access to, and use of, Services is provided by NCCI on an “as is” and “as available” basis. You expressly agree that any reliance upon any opinion, advice, statement, memorandum, or information distributed through the Services shall be at your sole risk. In no event will NCCI-FCNY or its affiliates or any party involved in creating, producing, or delivering the Services be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Services or any linked sites.

7.2 NCCI-FCNY does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity.

7.3 NCCI-FCNY does not warrant that this Site or its servers are free of viruses or other harmful components. NCCI-FCNY will not be liable for any damages of any kind arising from the use of this site.

8. Indemnification

8.1 You agree to indemnify and hold harmless NCCI-FNY and their employees, volunteers, directors, officers and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. NCCI-FCNY reserves the right to take over the exclusive defense of any claim for which NCCI-FCNY is entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

9. Termination

9.1 NCCI, in its sole discretion, may discontinue or restrict your access to all or part of the Services at any time and for any reason, including, without limitation, breach or assignment of these Terms of Service, without notice and without any liability to you.

10. Miscellaneous

10.1 The failure of NCCI to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

10.2 NCCI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NCCI the written information specified below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification and description of the copyrighted work claimed to have been infringed.
• Information reasonably sufficient to locate the allegedly infringing material on the Site.
• The address, telephone number, and an email address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.3 If you have any questions about the contents of the Terms, or if you have a disability that prevents you from accessing this policy electronically and requires an alternate format (e.g., audio, large print), or if you wish to correct, update or delete your personal information, you may contact EDC at any time by sending an email to zelmadata@gmail.com.