1. NWEA and the SPARK Community
The SPARK Community is an integral part of NWEA and is an online community developed and provided by NWEA for the purpose of drawing NWEA partners together around the goal of igniting kid-centric education.
This community is moderated and will be managed by NWEA. It is intended to reflect the voice of NWEA partners and colleagues, as well as NWEA staff contributors, and is a place for NWEA partners and educators to come together to share experiences, best practices, resources and to have discussions around educational topics. It is a place where NWEA may provide information relevant to its partners but is not intended to be a forum for promotion or advertising. Non-NWEA partners are welcome to join but resources, and some discussions, are reserved for partners. If you are interested in becoming a partner and benefiting from NWEA’s products and services, please contact a NWEA Partner Representative today at 503-624-1951 or visit the contact us section at nwea.org.
Resources within the Community are contributed typically by the members of the SPARK Community and are not the property of NWEA. If you would like to re-use or share the resources found in the Spark Community with non-members, you should contact the author directly for permission.
2. Acceptance of Terms/Overview
The Spark Community is also a place to find and contribute resources to utilize MAP data at the classroom instructional level. And while we encourage discussion, learning and sharing within the Spark Community, you must read, understand and abide by the following guidelines listed below. It’s a list of do’s and don’ts that ensure a fun, safe environment for all, as well as your typical exciting legal copy.
By registering as a user of this site, you agree to the Spark Community’s guidelines and rules that are found in this section. Abuse of these rules may result in the suspension or deletion of your account.
3. Community Guidelines
To help get you started and maximize your experience we've highlighted a few do's and don'ts for your convenience.
Do Respect and Protect. We're here to ignite kid-centric education. While we encourage you to meet, collaborate and learn from each other, we ask that you respect and help protect the community. Obviously, profanity and pornography won't be tolerated. Inappropriate content will be deleted by our administrator and the offending member will be removed from the community. If you come across content that crosses the line, please report it by clicking on the report buttons that are found throughout the community.
Do Share. The opportunity to exchange ideas and resources is something we're really excited about. But please remember to give proper credit by citing your source with links where appropriate.
Do Participate. Feel free to comment, chime in, elaborate, and reply to anything happening in our community. We're all here to help each other so we invite you to pose questions and add to the conversation.
Don't Solicit. Our community is here for people to contribute, participate, and discuss. So please don't use the SPARK Community for any advertising or self-promotion. We invite you to share links and resources you find bring value and pique the interest of your fellow community members.
Do Let Us Know. We want to know what you like and don't like about SPARK and what else you'd love to see. The community is always evolving so please stay in touch and let us know what you think. Send us an email at email@example.com.
If you see these guidelines in question, please let our administrator know at firstname.lastname@example.org.
We require your email address, name, school district, and position upon registration. Your information will never be shared with any thrid party. This information is used only for confirming your registration details and password, sending new passwords if you forget your current one and sending notifications of new forum posts, blog entries, blog comments, private messages and SPARK Community notifications.
Your IP address is a number that is unique to your computer on your current ISP's network. Our site records this number so that we can enforce our terms and conditions should they be seriously violated e.g. where material posted breaks any applicable law.
Web Server Logs/Statistics
Like most websites, we keep a running record of what pages are requested on our site. Our web server logs contain information about what pages are most popular, and how many pages are viewed in a given time period. nweaspark.dev.neur.us also makes use of the external web statistic service, Google Analytics.
a) Types of accounts
- NWEA Partner – As a Partner, you get full capabilities of discussions and resources.
- NWEA Non-Partner – Non-Partners can only participate in the discussion section. You cannot view, access or upload resources.
- Non-SPARK member – A Non-Spark Member can only view the discussion section. You cannot access or participate in other areas.
- You may register by providing a username, valid email address, first/last name, school district and position. Once registered, an email is sent to the email address listed to validate registration. It contains an activation link that provides directions for password setup. This email address is not made public and will only be used for the SPARK community to reset or send a new password or provide certain news or notifications by e-email.
c) Profile Page
- SPARK member profile pages display the following: first/last name, school district, position, and membership history and community contributions.
- All profiles are public to the SPARK Community and can be searched via the search bar in the Spark Community.
6. Communication (Blogs, forums, posts, and comments)
SPARK offers you and other members the ability to read “blogs”, create “forums,” and participate in discussions focused on particular topic areas. A "forum" refers to a bulletin board, user comment area, virtual community or other means for you to engage in public commentary or discussion, which may be found in various areas of the SPARK Community, including within discussions and forums. Blogs, forums and discussions are offered for personal, non-commercial use only. You shall not, without NWEA’s express written approval, distribute or otherwise publish via any of the communication channels any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all communication channels, the privilege to create forums and participate in discussions is dependent on continued compliance with these Terms of Service, specifically including the Community Guidelines listed below. NWEA may revoke privileges, terminate registration/account or take any other measures deemed by NWEA to be appropriate, in its sole discretion, to enforce these Terms of Service if violations are brought to our attention. You agree that SPARK Community forums and discussions are the property of NWEA and the SPARK Community, and we reserve the right, in our sole discretion, to change, remove or replace any forum or discussion for any reason.
In addition to any other rights or remedies available to it, NWEA reserves the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when NWEA believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing messages or Forum posts, or with any fraudulent, misleading, illegal or otherwise objectionable activities.
7. Resource Library
The SPARK Community has a member-generated and rated Resource Library available for current NWEA partners. Only an NWEA Partner can access the Resource Library. NWEA does not and cannot review all resources posted in the SPARK Community or created by members accessing the Resource Library, and it is not in any manner responsible for the content of these communications or the activities of these members. As a member, you acknowledge that by providing you with the ability to view and distribute resources through the Resource Library, the SPARK Community is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users' activities. Accordingly, NWEA does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. NWEA and its respective affiliates, successors, assigns, employees, agents, directors, officers and board do not undertake or assume any duty to monitor the SPARK Community for inappropriate content. You understand that by using the SPARK Community and Resource Library, you may be exposed to content that is you may find offensive, indecent or objectionable. Under no circumstances will NWEA be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the SPARK Community or Resource Section. NWEA and its respective affiliates, successors, assigns, employees, agents, directors, officers and board assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, NWEA reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to the SPARK Community, in its sole discretion.
8. Intellectual Property
As a member of the SPARK Community, you will be able to incorporate various forms of content into forums, discussions and resources. NWEA does not claim ownership of the content you upload and post on the site. The content will be owned by you or a third party from whom you got permission to post the content. By placing content in the SPARK Community, however, you grant NWEA a worldwide, royalty-free, and non-exclusive license to reproduce, display, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your post on within the SPARK Community. NWEA may preserve and store content, and may also disclose content if required to do so by law or if NWEA believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of its members and the public.
The member, and not NWEA, will be fully responsible for all content that is uploaded, posted, transmitted or otherwise made available by the member. NWEA cannot guarantee the accuracy, integrity or quality of such Content. NWEA does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any content that is posted for any reason, including content that may violate these Terms, or that is otherwise objectionable. NWEA also cannot take responsibility for anything that other members may do in reliance on the content you post.
9. Third Party Content
NWEA respects the intellectual property of others, and we ask our users to do the same. If you choose to add photos or links to media, such as videos or audio, to supplement your content NWEA requires that you upload or transmit only content that does not infringe any trademark, copyright, or other intellectual or proprietary right of any party and include any copyright notices as attribution. By posting any content, you represent and warrant that you have the lawful right to distribute and reproduce such Content. NWEA may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. NWEA will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
You agree to defend, indemnify and hold harmless NWEA, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Site;
- Your violation of any term of these Terms of Service;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NWEA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NWEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SPARK COMMUNITY SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE SPARK COMMUNITY SITE. IN NO EVENT SHALL NWEA'S TOTAL LIABILITY TO MEMBERS OR PARTICIPANTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SPARK COMMUNITY SITE.
You acknowledge and agree that NWEA and its respective affiliates, successors, assigns, employees, agents, directors, board or officers shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by NWEA. You acknowledge and agree that NWEA and its respective affiliates, successors, assigns, employees, agents, directors, boards or officers shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the SPARK Community Site or any third party licensors or suppliers of NWEA or the SPARK Community.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.