Class Builder Platform Terms of Use

You will follow the Terms of Use of GBF Class Builder, use the materials personally in your own classroom, and not redistribute or share the materials with others.

Class Builder Platform Terms of Use

This Terms of Use (the “TOU”) covers the digital Class Builder Platform (the “Platform”) developed and owned by Gokongwei Brothers Foundation (“GBF”) in pursuance of GBF’s Class Builder Program (the “Program”). The terms “we”, “our”, and “us” as used herein refer to GBF. 

For purposes of this TOU, the term “User” shall refer to an authorized representative of one of our partner educational institutions and/or school divisions (the “Schools”), or a teacher employed by the School. We offer the Class Builder Platform (the “Platform”), including all information, tools and services available to you, the User, upon your acceptance of all terms, conditions, policies, and notices stated herein. Please read this TOU carefully before accessing or using the Platform.  

This TOU applies to all Users of the Platform. If you do not agree to these terms or do not fully understand or have reservations with respect to any provision of these terms, please refrain from accessing and using the Platform.  

User Eligibility.  The Platform is designed to be used by our partner Schools and their elementary or high school teachers teaching science, technology, engineering, and mathematics (“STEM”) subjects.  

License.  GBF grants you a non-exclusive, non-transferrable, revocable license to access the Platform and the downloadable content therefrom (the “Materials”) for professional and non-commercial use strictly in accordance with this TOU. 

User’s access.  As a User of the Platform, you will have access to downloadable Materials which you can use in crafting or improving your own lesson plans and other class materials with the goal of achieving better student engagement and learning outcomes.   

You may modify the Materials solely for purposes of creating lesson materials that are customized and applicable for the classes you conduct in or for our partner Schools, provided you ensure that the Materials, as customized, shall maintain its quality as the original downloaded content thereof both in form and substance. You shall use the Materials in accordance applicable industry quality and educational standards of our partner Schools. 

You acknowledge that the Materials are provided by GBF merely to provide reference to aid in your creation of your own lesson plans and class materials. GBF does not warrant the quality of the Materials once modified or customized by the User and/or by our partner Schools. You shall be responsible for any and all claims, liabilities, fines, penalties, damages, losses and claims of action arising from your use, modification and/or customization of the Materials. You agree to indemnify and hold GBF free and harmless from any losses, damages, liabilities and/or expenses that GBF may incur or suffer as a result of your modification/customization of the Materials as well as your use and/or unauthorized distribution thereof. 

Certain restrictions.  The rights granted to you in this Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute (other than to fellow Users), or otherwise commercially exploit the Platform and the Materials; (b) you shall not modify, make derivative works of, disassemble, reverse compile any part of the Materials, except for purposes of customizing them to lesson plans applicable for your classes that you provide to the students of our partner Schools; (c) you shall not access the Platform in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Platform or Material may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means.    

Consent to and Release of Video Recording / Photo Capture.  Subject to prior notification to our partner Schools, as may be applicable, and provided that none of the students will be record or captured, you consent and agree that we can observe you when you conduct your classes using any of the Materials (“Class Observation”) for us to evaluate the overall effectivity of the Platform in helping you achieve better engagement in class. During any Class Observations, you agree as follows:  

  1. You agree to be photographed, recorded, videotaped or otherwise have preserved in permanent form your name, likeness, image, biographical material and/or voice (the “Media Capture”) by GBF and/or its agents;   

  1. You waive any right to inspect or approve the finished images, copies, text or other digital or printed matter of the Media Capture, or to its eventual use by the GBF;  

  1. You agree that the Media Capture may be shared with the GBF Project team for the improvement of the Platform; 

  1. You agree that such Media Capture may be used and reused, in whole or in part (whether embedded in other content or otherwise) by GBF and irrevocably authorize GBF and/or its affiliates or subsidiaries to copyright, publish, post on social media platforms or sites, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise lawfully use, and permit others to lawfully use: (a) your name, image, likeness, and voice; and (b) all photographs, screenshots, recordings, videotapes (including video edit downs), audiovisual materials, writings, statements, and quotations of or by yourself  and all derivatives of the foregoing, in any manner, form or format whatsoever now or hereinafter created, and on any platform (such as, but not limited to, social media platforms/websites), and for any purpose, including, but not limited to, publication by GBF, advertising, promotion, for GBF or GBF’s programs and activities. You understand that no royalty, fee or other compensation shall become payable to you by reason of such use and that no further consent from you shall be necessary to exercise;  

  1. You acknowledge, consent and warrant that my personal information is accurate and provided voluntarily.  

  1. Pursuant to the foregoing, you confirm and authorize GBF to collect, use, store, disclose, modify, transfer and otherwise process any personal information you provide for the purposes set forth herein, including transfer to a third party for purposes of monitoring and evaluating the effectivity, and creation of proof of impact of the Class Builder Program. You understand that you have a right to access, correct and restrict use of certain personal information upon written notice to GBF, provided the same is still under the control and management of GBF. And that when GBF no longer has any need for my personal information, it will return and/or destroy the same in accordance with relevant law/regulations. 

  1. Release.  You understand that all Media Capture including all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, electronic and digital copies thereof, are the sole property of GBF. You agree not to contest the rights or authority granted to GBF hereunder. You hereby forever release and discharge GBF, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Media Capture pursuant to this Release. 

Copyright Policy. Unless otherwise noted, all materials including without limitation, lesson plans, class materials, coaching videos/sessions, logos, brand names, images, designs, photographs, video clips, written work, and other materials that appear as part of the Platform are copyrights, trademarks, service marks, and/or other intellectual property whether registered or unregistered (collectively, “Intellectual Property”) owned, controlled or licensed by GBF. Our Platform as a whole is protected by copyright. Nothing on the Platform should be construed as granting, by implication, estoppel or otherwise any license or right to sell, dispose, rent, lease, transfer, assign any Intellectual Property displayed or used on our Platform, without the prior written permission of the Intellectual Property owner. GBF aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of GBF in the Platform, or on the Materials if any, may not be used in any way, including in advertising or publicly, pertaining to distribution of materials online unless with prior, written permission and approval from GBF.  

Personal Information, User Registration and Passwords. By registering and obtaining an account, you affirm that you will follow this TOU and your registration constitutes your consent to enter into agreements with us in writing or electronically, as the case may be. 

When you create a User Registration, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your User Registration, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You are responsible for all activities that occur under your User Registration. You agree to immediately notify GBF of any unauthorized use, or suspected unauthorized use of your User Registration or any other breach of security. GBF cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 

While adequate safeguards are implemented pursuant to the Data Privacy Act of 2012 (as may be amended), we do not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your personal information at your own risk and you agree that the collection, storage, processing and disclosure of the information you have provided or will provide to third parties, such as, but not limited to, third party data processors, is necessary and required for the access and use of the Platform and the Materials. 

With the creation of an account, you agree that we may send you electronic notices or other communication regarding the Platform and the Materials. These types of electronic communications will be sent to the e-mail address that you provided during registration, if any. You recognize and acknowledge that it is your sole responsibility to update us with your current e-mail address and we shall not be liable for any claim of loss or damage for your failure to receive notices. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You may stop receiving these notices and communications at any time by deactivating your account or notifying and contacting us through gbfclassbuilder@gbf.com.ph with subject line “Cancellation of Account”. 

Enforcement. We reserve the right (but have no obligation) to investigate, and/or take appropriate action against you in our sole discretion if you violate any of the terms of this TOU or otherwise create liability for us or any other person. Such acts may include removing or modifying your access, terminating your User Registration, and/or reporting you to your associated School and/or appropriate law enforcement authorities.  

Indemnity. You agree to defend, indemnify and hold GBF (and its officers, employees, contractors, and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, from any claim or demand made by any third party due to or arising from or related to your (a) access of the Platform or use of any of the Materials you access through it, (b) your violation of any of the terms of this TOU, or (c) your violation of applicable laws or regulations. GBF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GBF. GBF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 

Limitation of Liability. In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential exemplary, incidental, special or punitive damages arising from or relating to this TOU or your use of, or inability to use, the Platform or Materials, even if we have been advised of the possibility of such damages. 

Term & Termination. Subject to this clause, this TOU will remain in full force and effect while you use the Platform. We may: (a) suspend your rights to use the Platform (including your User Registration) or (b) terminate this TOU, at any time for any reason at our sole discretion, including for any use of the Platform and/or Materials in violation of the terms of this TOU. Upon termination of this TOU, your User Registration and right to access and use the Class-Builder Platform will be terminated. GBF will not have any liability whatsoever to you for any termination of this TOU, including for termination of your User Registration. 

General. This TOU constitutes your entire agreement with us regarding your use of the Platform. You (on behalf of yourself or the entity that you represent) explicitly and implicitly agree, and you represent and warrant that you have the right, authority, and capacity to enter into and agree to this TOU with us (on behalf of yourself or the entity that you represent) and to be bound by this TOU each time you access the Platform and Materials. If you do not wish to be bound, and do not agree with all of the provisions of the Agreement, please do not use or access the Platform and/or Materials. Our failure to exercise or enforce any right or provision of this TOU shall not operate as a waiver of such right or provision. If any provision of this TOU is, for any reason, held to be invalid or unenforceable, the other provisions of this TOU will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing in this TOU is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either you or GBF the agent of the other, or authorize either you or GBF to make or enter into any commitments for or on behalf of the other. This TOU, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GBF’s prior written consent, and any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. The terms of this TOU shall be binding upon assignees. 

Governing Law. This TOU shall be governed by and construed in accordance with the laws of the Philippines. All matters, claims or disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Pasig City.  

Changes to Terms of Use. We reserve the right, at our sole discretion, to update, change or replace any part of this TOU by posting updates and changes to the Platform. It is your responsibility to check the Platform periodically for changes. Your continued access to the Platform or use of the following the posting of any changes to this TOU constitutes your acceptance of those changes. 

Contact Us. If you have any concerns or questions about any aspect of this TOU, please feel free to contact us at: 

Gokongwei Brothers Foundation 

6th Floor Robinsons Cybergate Tower 3 Pioneer Street, Mandaluyong City  

gbfclassbuilder@gbf.com.ph 

I agree to the Class Builder Platform Terms of Use.
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