Proposed Policies and Procedures Regarding New Online Content and Functionality By December 1, 2017, the District will submit to OCR for its review and approval proposed policies and procedures (“the Plan for New Content”) to ensure that all new, newly-added, or modified online content and functionality will be accessible to people with disabilities as measured by conformance to the Benchmarks for Measuring Accessibility set forth above, except where doing so would impose a fundamental alteration or undue burden. a) When fundamental alteration or undue burden defenses apply, the Plan for New Content will require the District to provide equally effective alternative access. The Plan for New Content will require the District, in providing equally effective alternate access, to take any actions that do not result in a fundamental alteration or undue financial and administrative burdens, but nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services as their nondisabled peers. To provide equally effective alternate access, alternates are not required to produce the identical result or level of achievement for persons with and without disabilities, but must afford persons with disabilities equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person’s needs. b) The Plan for New Content must include sufficient quality assurance procedures, backed by adequate personnel and financial resources, for full implementation. This provision also applies to the District’s online content and functionality developed by, maintained by, or offered through a third-party vendor or by using open sources. c) Within thirty (30) days of receiving OCR’s approval of the Plan for New Content, the District will officially adopt, and fully implement the amended policies and procedures.
Functionality Customer is entitled to additional functionality previously purchased or bundled with the software if available in the version or update released on or after the start date of the Agreement. Customer acknowledges that certain functionality in current and previous software versions may not be available in future upgrades. Added functionality may require additional paid services (clinical and technical) to configure and support.
Audit of Existing Content and Functionality By September 1, 2017, the Recipient will propose for OCR’s review and approval the identity and bona fides of an Auditor (corporation or individual) to audit all content and functionality on its website, including, but not limited to, the home page, all subordinate pages, and intranet pages and sites, to identify any online content or functionality that is inaccessible to persons with disabilities, including online content and functionality developed by, maintained by, or offered through a third party vendor or an open source. The Auditor will have sufficient knowledge and experience in website accessibility for people with disabilities to carry out all related tasks, including developing a Proposed Corrective Action Plan. The Audit will use the Benchmarks for Measuring Accessibility set out above, unless the Recipient receives prior permission from OCR to use a different standard as a benchmark. During the Audit, the Recipient will also seek input from members of the public with disabilities, including parents, students, employees, and others associated with the Recipient, and other persons knowledgeable about website accessibility, regarding the accessibility of its online content and functionality.
Customer Content As part of the Services provided under this Agreement, Customer Data will be stored and processed in the data center region specified in the applicable Ordering Document. Axway shall not access Customer Content except in response to support or technical issues where Customer provides Axway with prior Customer’s written authorization required to access such Customer Content. Axway is not responsible for unauthorized access, alteration, theft or destruction of Customer Content arising from Customer’s own or its authorized users’ actions or omissions in contravention of the Documentation. Customer’s ability to recover any lost data resulting from Axway’s misconduct is limited to restoration by Axway from the most recent back-up.
User Content (A) You understand that any upload, comment or post made on the GoodNotes Platform is not private or confidential and can be read and used by other users. However, you remain the owner of your User Content and, subject to the licences granted below, you have the right to continue to use your User Content in any way you may choose. (B) You hereby waive any rights of privacy and publicity or any other rights of a similar nature in connection with use of your User Content, or any portion thereof as authorized by these Terms. (C) By uploading, posting, sharing or displaying any information, messages, content or material (“User Content”) on the GoodNotes Platform or providing any User Content to us or our representative(s), and to the extent permitted under applicable laws, you grant us a non-exclusive irrevocable, perpetual, worldwide, royalty-free, and sub-licensable licence to display, store, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of your User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to providing current or future GoodNotes services and/or the operation, promotion or improvement of the GoodNotes Platform. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. (D) [You grant all Registered Members, Unregistered Users and all other users of the platform a non-exclusive, worldwide, royalty-free licence to access your User Content through the GoodNotes Platform, and to use your User Content, [including to reproduce, distribute, prepare derivative works, display, and perform it], only as permitted by the functionality of the GoodNotes Platform. For clarity, this licence does not grant any rights or permissions for a user to make use of your User Content independent of the GoodNotes Platform and as set out in clause 6.3] (E) You represent, warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licences and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”). (F) We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, submitted, uploaded, posted or displayed by any user of the GoodNotes Platform. You are solely responsible for, and may be held legally liable or accountable for, the User Content you post or display on the GoodNotes Platform. As such, you agree that we are not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the GoodNotes Platform, including infringing, fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with you. We are not responsible and shall have no liability to you or anyone else for any act or omission of any user of the GoodNotes Platform. (G) We reserve the right in our sole discretion to remove, disable access to, modify or reject any User Content that you submit to, post or display on the GoodNotes Platform which we reasonably believe is unlawful, violates these Terms, could subject us or our affiliates to liability, or is otherwise found inappropriate in our sole discretion. (H) You understand and agree that if you delete your account, it may not be possible to completely delete your User Content from the GoodNotes Platform, and that your User Content may remain viewable elsewhere as part of the platform.