Central Board of Secondary Education - Learning Management Online


Terms of Service

This index will help you understand how the terms of our Terms of Service (Terms) is organized and where to look for information.

ANNEXURE

 

Welcome to Vinoba!

INTRODUCTION
Thank you for using the Vinoba/ tickLinks products, services and features provided to you from the platform (collectively, the “Service”).  This includes the “Vinoba” platform built using tickLinks. tickLinks and Vinoba are collectively referred to as Vinoba here.

 

OUR SERVICE

Vinoba provides a platform with tools and community to support, engage and motivate teachers. The Service allows you to discover, watch and share lesson plans, worksheets, projects, club projects, videos and other TLMs, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for teachers. You can visit the Vinoba help centre in the App to learn how to use the various services.

 

YOUR SERVICE PROVIDER

The entity providing the Service is Open Links Foundation, a company operating under the laws of Bombay Trust Act, 1950, located at U-12, Sacred Heart Town, Wanawadi, Pune, India-411040 (referred to as “Vinoba”, “we”, “us”, or “our”).

 

APPLICABLE TERMS
Your use of the Service is subject to these terms, the Vinoba Community, Policy, and Privacy Guidelines which may be updated from time to time (together, this "Agreement"). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

 

By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. In case you are below 18 years of age, the restrictions and requirements below apply.

 

Who may use the Service?

AGE REQUIREMENTS
You must be at least 13 years old to use the Service; however, children of all ages may use the Service and Vinoba if enabled by a teacher or parent or legal guardian. 

 

Your Use of the Service

CONTENT ON THE SERVICE
The content on the Service includes Teaching Learning Material (TLM), Lesson Plans, Learning outcomes, worksheets etc.. as images, videos, audio, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. Vinoba is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.

 

 

You can use parts of the Service, such as browsing and searching for Content, without having to register and have a Vinoba account. However, you do need a Vinoba account to use some features. With a Vinoba account, you may be able to like, comment, share, connect with other teachers etc..

 

YOUR INFORMATION
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

 

PERMISSIONS AND RESTRICTIONS
You may use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Vinoba and, if applicable, the respective rights holders; 
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers) except with Vinoba’s prior written permission;
  4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a TLMs views, likes, or dislikes, or to otherwise manipulate metrics in any manner;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
  9. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Vinoba content are the main draw for users visiting the webpage).

 

RESERVATION

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Vinoba).

 

DEVELOP, IMPROVE AND UPDATE THE SERVICE

Vinoba is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.

 

If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

 

Your Content and Conduct

UPLOADING CONTENT

If you are registered in Vinoba, you may be able to upload Content to the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Vinoba Community Guidelines) or the applicable law(s).

 

In particular, the Content must:

  1. respect the rights of others, including privacy;
  2. not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so;
  3. not abuse or harm others or yourself (or threaten or encourage such abuse or harm), including against children;
  4. not mislead, be patently false, or defrauding;
  5. not illegally impersonate, defame, bully, harass, be obscene or stalk others;
  6. not incite violation of applicable laws;
  7. not upload any pornographic or vulgar content or anything that endangers child safety.
  8. not abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, including spam and malware.

 

RIGHTS YOU GRANT

You retain ownership rights in your Content. However, we do require you to grant certain rights to Vinoba and other users of the Service, as described below.

 

LICENSE TO VINOBA

By providing Content to the Service, you grant to Vinoba a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). Vinoba may only use that Content in connection with the Service and Vinoba’s (and its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.

 

LICENSE TO OTHER USERS

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

 

DURATION OF LICENSE

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Vinoba may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. 

 

RIGHT TO MONETIZE

You grant to Vinoba the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access).

 

REMOVAL OF CONTENT BY VINOBA

If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to Vinoba, our users, or third parties, we reserve the right to remove or take down that Content in accordance with applicable law. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Vinoba or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Vinoba or our Affiliates.

 

COPYRIGHT PROTECTION

We help copyright holders manage their intellectual property on Vinoba . If you believe your copyright has been infringed then you can flag a content and provide the details.

 

Vinoba's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

 

Account Suspension & Termination

TERMINATIONS BY YOU
You may stop using the Service at any time.

 

TERMINATIONS AND SUSPENSIONS BY VINOBA

Vinoba reserves the right to suspend or terminate  your account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Vinoba or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Vinoba unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Vinoba or our Affiliates. Where Vinoba is terminating your use for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

If your account has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Vinoba reserves the right to terminate your account or your access to all or part of the Service.

 

Other Legal Terms

WARRANTY DISCLAIMER
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND VINOBA DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.

 

LIMITATION OF LIABILITY

EXCEPT AS REQUIRED BY APPLICABLE LAW, VINOBA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
  3. ANY UNAUTHORIZED USE OF THE SERVICE;
  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
  6. ANY CONTENT WHETHER SUBMITTED BY A USER OR VINOBA, INCLUDING YOUR USE OF CONTENT; AND/OR
  7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, VINOBA AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT VINOBA HAS COLLECTED FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO VINOBA, OF THE CLAIM AND (B) Rs 5,000/-, WHICHEVER IS HIGHER. 

 

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Vinoba, its Affiliates, officers, directors, employees 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: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

 

THIRD-PARTY LINKS
The Service may contain links to third-party websites and online services that are not owned or controlled by Vinoba. Vinoba has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

 

About this Agreement

CHANGING THIS AGREEMENT
We may change this Agreement, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm .

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

 

CONTINUATION OF THIS AGREEMENT
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

 

SEVERANCE
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

 

NO WAIVER
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

 

INTERPRETATION

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

 

GOVERNING LAW
All matters relating to your access to and use of the Vinoba site shall be governed by the laws of the Republic of India. Users hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pune, India in all disputes arising out of or relating to the use of Vinoba.

 

Community Guidelines

SEXUAL CONTENT AND PROFANITY
We don't allow content that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. We don’t allow content that appears to promote a sexual act in exchange for compensation. Content that contains nudity may be allowed if the primary purpose is educational or scientific, and is not gratuitous.

 

HATE SPEECH

We don't allow content that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization.

 

VIOLENCE

We don't allow content that depict or facilitate gratuitous violence or other dangerous activities.

 

TERRORIST CONTENT

We don't allow content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.

 

DANGEROUS ORGANIZATIONS AND MOVEMENTS

We don’t allow content related to planning, preparing, or glorifying violence against civilians.

 

SENSITIVE EVENTS

We don't allow content that capitalize on or are insensitive toward a sensitive event with significant social, cultural, or political impact, such as civil emergencies, natural disasters, public health emergencies, conflicts, deaths, or other tragic events.

 

BULLYING AND HARASSMENT

We don't allow content that contain or facilitate threats, harassment, or bullying.

 

DANGEROUS PRODUCTS

We don't allow content that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories.

We don't allow content that provide instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons. This includes instructions on how to convert a firearm to automatic, or simulated automatic, firing capabilities.

 

MARIJUANA

We don't allow content that facilitate the sale of marijuana or marijuana products, regardless of legality.

 

TOBACCO AND ALCOHOL

We don't allow content that facilitate the sale of tobacco (including e-cigarettes and vape pens) or encourage the illegal or inappropriate use of alcohol or tobacco.

 

CHILD ENDANGERMENT
We prohibit users from creating, uploading, or distributing content that facilitates the exploitation or abuse of children. This includes all child sexual abuse materials. This includes but is not limited to content to promote predatory behaviour towards children, such as:

We will take appropriate action, which may include reporting to the government agencies, if we become aware of content with child sexual abuse materials.

 

FINANCIAL SERVICES

We don't allow content that expose users to deceptive or harmful financial products and services.

 

ILLEGAL ACTIVITIES

We don’t allow content that facilitate or promote illegal activities.

 

HEALTH CONTENT AND SERVICES

We don't allow content that expose users to harmful health content and services. We don’t allow content containing misleading health claims that contradict existing medical consensus, or can cause harm to users.

 

Vinoba Policy

FAKE ENGAGEMENT POLICY

Vinoba doesn’t allow anything that artificially increases the number of views, likes, comments, or other metrics either by using automatic systems or serving up content to unsuspecting viewers.

We consider engagement to be legitimate when a human user’s primary intent is to authentically interact with the content. We consider engagement illegitimate, for example, when it results from coercion or deception, or when the sole purpose of the engagement is financial gain.  

 

Content and channels that don't follow this policy may be terminated and removed.

Impersonation Policy

Personal impersonation: Content intended to look like someone else is posting it.

Content intended to impersonate a person is not allowed on Vinoba.

 

EXTERNAL LINKS POLICY

Don’t post links in your content if they direct users to content that violates our Community Guidelines. This includes links that fit any of the descriptions noted below.

 

SPAM POLICY

Don’t put large amounts of identical, untargeted or repetitive content such as worksheets, TLM, projects, comments etc..

 

 

Privacy Policy

Vinoba’s mission is to connect the teachers to allow them to be more productive and successful. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared.

This Privacy Policy applies when you use our Services.

 

Introduction

We are a social network and online platform for teachers, parents and students. Users visit our website to find learning material and to connect with others to find and share information.

 

Our registered users (“Members”) share their contact details, professional identities, post and view relevant content, engage with their network and share their opinions and thoughts. Some educational content and data is viewable to non-members also (“Visitors”).

 

SERVICES

This Privacy Policy, applies to your use of our Services. This Privacy Policy applies to Vinoba.com, Vinoba apps.

 

DATA CONTROLLERS AND CONTRACTING PARTIES

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and other documents referenced in this Privacy Policy, as well as updates.

 

CHANGE

Vinoba (“we” or “us”) can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective.

 

You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date.

 

Data We Collect

DATA YOU PROVIDE TO US

Registration - To create an account you need to provide data including your name, school, email address and/or mobile number, and a password.

 

Profile - You can choose to provide information on your profile, such as your education, work experience, skills, photo, school, city or area etc.. This is optional. 

You name and profile information may be visible to other users.

 

DATA FROM OTHERS

Learning Material - You and others may post Teaching learning material with images, documents, videos, web links, notes et… and make it available as part of our Services, including, as permitted by your settings, in notifications to others. What learning material you post can be seen by others – depending on the settings. Similarly you can see teaching material posted by others.

 

SERVICE USE

We log your visits and use of our Services, including mobile apps. We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content (e.g., learning video) perform a search, install or update one of our mobile apps, share articles. We use log-ins, cookies,  device information  and internet protocol (“IP”) addresses to identify you and log your use.

 

EDUCATIONAL CONTENT

We collect information when you read content, post content, post your reactions like helpful, comment, rating etc.. on posts.

 

LOCATION

School administrators need to collect location data for school visits done by teacher coordinators or other such assignments. Such data is collected only when a user explicitly fills a form in Vinoba application - requiring location. The user is notified of this and this data is only available to school authorities.

 

OTHER

We are improving our Services for making good quality educational content accessible to you easily -  which means we get new data and create new ways to analyse and use data. Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we collect, use or share your data, we will notify you and may also modify this Privacy Policy.

 

How We Use Your Data

We use your data to provide, support, personalize and develop our Services.

We use the data that we have about you to provide and personalize our Services, including with the help of automated systems and inferences we make, so that the educational content and information can be more relevant and useful to you and others.

 

USE EDUCATIONAL CONTENT

Our Services help you to rapidly find good educational content as may be relevant to teachers, students and parents.

 

POST EDUCATIONAL CONTENT

Our Services allow you to post educational content within your community or to the open public community.

 

MODERATING AND CURATING CONTENT

Our services allow you to moderate the content from the community so that the relevant content can be maintained and help others to see and use high quality content.

 

COMMUNICATIONS

We will contact you through email, mobile phone, notices posted on our websites or apps, messages to your Vinoba inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use our Services, content updates, reminders for events. These messages could be sent to you based on your preference for certain type of content on the platform.

 

CUSTOMER SUPPORT

We use data to help you and fix problems.

We use data (which can include your communications) to investigate, respond to and resolve complaints and for Service issues (e.g., bugs).

 

INSIGHTS THAT DO NOT IDENTIFY YOU

We use data to generate insights that do not identify you.

We use your data to produce and share insights that do not identify you. For example, we may use your data to generate statistics about the quality of the content based on viewership, or the subjects that are more preferred or the educational content areas that need attention.

 

SECURITY AND INVESTIGATIONS

We use data for security, fraud prevention and investigations.

We use your data (including your communications) for security purposes or to prevent or investigate possible fraud or other violations of our  User Agreement  and/or attempts to harm our Members, Visitors or others.

 

 

How We Share Information

OUR SERVICES

Any data that you include on your profile and any content you post or social action (e.g., likes, comments, shares) you take on our Services will be seen by others. The teaching learning material that you upload is also seen by others – depending on settings.

 

SERVICE PROVIDERS

We may use others to help us with our Services. We use others to help us provide our Services (e.g., AWS hosting, software development & maintenance, analysis, audit etc..). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

 

LEGAL DISCLOSURES

We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others.

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

 

CHANGE IN CONTROL OR MERGER

We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which acquires us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

 

Other Important Information

DATA RETENTION

We keep most of your personal data for as long as your account is open. The educational posts made by you will remain live on Vinoba. These will be removed – only by the community as per “Flag to Delete” link process.

 

We keep some of your data even after you close your account. If you choose to close your  Vinoba  account, your personal data will generally stop being visible to others on our Services within 24 hours.

 

SECURITY

We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

 

CONTACT INFORMATION

You can contact us at contact@tickLinks.com to resolve any complaints.