zelma

Last Updated: June 1, 2024

Thank you for using the products and services from the Zelma Education website (“Services” or “Site”). The Services are provided by Zelma Education (“Zelma”), out of Brown University, 64 Waterman St, Providence, RI 02912.

Subject to your compliance with the terms and conditions set forth in this Agreement, Zelma grants you a revocable, non-exclusive, non-transferable right to access and make use of the data sets.

Description

1. General Rules and Definitions

1.1 If you access, browse and/or choose to use any features of this Site, including 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 Zelma. Please read these Terms carefully.

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

1.3 Zelma may discontinue or modify Services, including the availability of any features, database, or content, at any time with or without notice and shall 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 Zelma Education website, 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 Zelma Education or by our third-party licensors. Videos and photography is copyrighted by license holders and is used with permission.

2.3 You agree not to use the data sets for commercial advantage, or in the course of for-profit activities. Commercial entities wishing to use this Service should contact Zelma Education (zelmadata@gmail.com).

2.4 The data sets are provided “as is” and Zelma Education makes no representations and extends no warranties of any kind, express or implied. Zelma Education shall not 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 data sets.

2.5 All trademarks, logos, service marks, trade dress, slogans, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Zelma Education or its licensors 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 trademarks, except as authorized in writing, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right.

3. User Obligations

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

3.2 If you make any submissions to the Site, you grant Zelma Education a perpetual, nonexclusive, worldwide, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

3.3 You may not access or use, or attempt to access or use, the Services to take any action that could harm Zelma Education 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.

3.4 You agree to acknowledge Zelma Education as the source of these data. In publications, please use the following guidelines to cite either the raw data files or the query output:

Raw Data Citation Format: Zelma Education (Version 1.1). 2024. Zelma assessment data files, [state name]: (years); [state name]: (years); [state name]: (years). Accessed at https://www.zelma.ai/data on Month DD, YYYY.

Query Citation Format: Zelma Education (Version #). [year]. "[query title]." Accessed at [query link] on Month DD, YYYY.

3.5 You agree that you will not use these data 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 Zelma Education that will let you leave the Site. Zelma Education is not responsible for the availability of these outside resources, their contents, any link contained in a linked site, or any changes or update to such site.

4.2 Zelma Education provides these links only as a convenience, and the inclusion of any link does not imply or mean endorsement by Zelma Education 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 Zelma Education, you are communicating with us electronically and therefore consent that Zelma Education reserves the right to email you. We will communicate with you by email to provide user support or to provide data updates.

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 Zelma Education 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 Zelma Education 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 Zelma Education 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 Zelma Education does not warrant that this Site or its servers, or email sent from Zelma Education are free of viruses or other harmful components. Zelma Education 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 Zelma Education and its affiliates 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. Zelma Education reserves the right to take over the exclusive defense of any claim for which we are 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 Zelma Education, in its sole discretion, may discontinue, terminate, 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. Applicable Laws

10.1 You agree that this Agreement and any dispute arising under it is governed by the laws of the State of Rhode Island of the United States of America, applicable to agreements negotiated, executed, and performed within Rhode Island.

11. Miscellaneous

11.1 The failure of Zelma Education 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.

11.2 Zelma Education and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zelma Education’s copyright agent 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.

11.3 Zelma Education’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Email: zelmadata@gmail.com