Thank you for using the products and services from the Zelma Education website (“Services” or “Site” or “Zelma”). The Services are provided by Brown University ("Brown"), 1 Prospect Street, Providence, RI 02912.

Subject to your compliance with the terms and conditions set forth in this Agreement, Brown 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 Brown. Please read these Terms carefully.

1.2 Brown 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 Brown 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 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 Brown. Videos and photography are copyrighted by license holders and are used with permission.

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

2.4 The data sets are provided “as is” and Brown makes no representations and extends no warranties of any kind, express or implied to you. Brown 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, slogans, and designs of the Services (collectively “Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to Brown 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 content so long as the material is not libelous, defamatory, obscene, pornographic, infringing on intellectual property rights, abusive, or otherwise illegal. Brown 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 Brown 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 Brown 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 Brown 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: Brown University (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: Brown University (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 Brown that will let you leave the Site. Brown 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 Brown provides these links only as a convenience, and the inclusion of any link does not imply or mean endorsement by Brown or its 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 Brown regarding Zelma Education, you are communicating electronically and therefore consent that Brown may email you. Brown 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 Brown 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 Contributors 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 Brown 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 Brown does not warrant that this Site or its servers are free of viruses or other harmful components. Brown 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 Brown and its employees, students, faculty, Trustees, Fellows, 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. Brown reserves the right to take over the exclusive defense of any claim for which Brown 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 Brown, 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. 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 Brown 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 Brown respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Brown 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.