Terms of Service

EAS makes available to you, through the Website, a large database of questions that can be used for instruction, assessment and other educational purposes. The questions and all related material, such as graphics, reading passages, topics and directions, are referred to collectively as “Content”.

EAS also provides “Services” through the Website. Services include, among other things: documentation and help (for example, the Problem-Attic Tour), a topical organization of questions, various options for selecting, arranging and formatting questions, and generally a means of creating “Documents”. Documents contain the questions you have selected and are delivered to you electronically in various forms, as a PDF file, Google Quiz, PowerPoint, or QTI zip for importing into a Learning Management System.

The Terms expressly state what you can do with Documents, after the Website delivers them to you. Briefly, Documents are intended for your own personal, non-commercial use, and for use by students under your direct supervision. You may distribute Documents through email or post them on a website, subject to restrictions below. (Refer to Section 5.)

In order to use most Services, you must sign up for an account. The process is called “Registration”. Once you have completed the process, which includes choosing a password and confirming your email address, then you are a “Registered User”.

You may visit the Website and use a small number of Services without being a Registered User. Although you are not allowed to access any Content or create Documents, you are still bound by the Terms.

If you choose to become a Registered User, you agree: (a) to provide true, accurate, current and complete information about yourself when signing up for an account; and (b) to maintain and promptly update your account through the respective link on the Website, if any information about yourself changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or EAS suspects that you have done so, EAS reserves the right to suspend or terminate your account and refuse any and all current or future use of Services.

As a Registered User, you are responsible for maintaining the security of your password, which is used to log in to the Website. EAS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. In addition, you are responsible for all activity on the Website and all use of Services that occurs under your account, regardless of whether you personally logged in. You agree to notify EAS immediately if you discover any unauthorized use of your password or account or any other breach of security.

EAS intends for an account to be used only by the person who signs up for it. Therefore, if you are Registered User, you are expressly prohibited from sharing your password with any other person, with one exception: if you are a parent or homeschooler, you may share your password with members of your immediate household, and they may log in to the Website using your account. In such cases, the Registered User remains responsible for all activity.

You are not allowed to create more than one account for yourself.

For the purpose of describing ownership, the Website shall be considered to have three parts: Application, Content, and various User-Interface Elements that show up in a browser. Ownership of the three parts differs, as follows:

EAS owns the Application, including any and all background technology that is used to select, arrange and format questions, create PDF files, and export questions to other programs, except for certain portions that are used under license and credited below.

Content has divided ownership, as follows:

1. Content which is re-published (such as questions which come from a state assessment) is owned in its original form by a third-party, or it may be in the public domain. If it is in the public domain, you are still bound by the Terms if you access the Content through Problem-Attic.
2. Content which is re-republished may be available in its original form, either printed or electronic, from another source. If you would like to know where the questions came from, please see the Credits and bank information pages in Problem-Attic.
3. EAS owns any portion of the Content that EAS has modified, to the extent that it is a derivative work under copyright law. This includes, among other things: error corrections, graphics improvements, and re-wordings of questions and directions so that they function in a database system and can be re-formatted for Documents.
4. EAS owns any other Content which, under copyright law, constitutes an original work or represents a collection of data. This includes but is not limited to: (i) computer code in both compiled and human readable form; (ii) graphics which have been redrawn by EAS where no clear original exists; (iii) the topical hierarchy by which questions are organized; (iv) links between topics and released tests; and (v) Documents that are delivered by the Website, in both printed and electronic form.

EAS owns the User-Interface Elements that show up in a browser, including question images (“Thumbnails”). In addition, EAS has copyrights and other proprietary rights in the Website design, methods and operation. These rights extend to database tables and indices, including search terms, topics and other metadata for questions, reading passages and graphics.

EAS grants you a personal, non-transferable and non-exclusive right and license to use the Website and Services according to the terms and conditions herein. In consideration of this grant, you agree to the following:

4a. You will access the Content and create Documents only through the Website and only by using Services which EAS expressly provides for that purpose.

4b. You will not copy any portion of the database hierarchy or use the indices (the links between tests, topics and standards) for any purpose other than selecting questions.

4c. You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, or features that enforce limitations on the use of the Website.

4d. You will not attempt to remove any Content or User-Interface Elements (e.g., question “thumbnails”) from the Website by any means (copy/paste, view page source, or through any automated script or other program, such as a website downloader or copier), or use any data mining, robots, or similar data gathering and extraction methods.

4e. You will not remove copyright or other notices or attempt to decrypt or remove the password-protection from Documents downloaded as PDF files, or extract any text or graphics from them.

4f. You will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website, Services, Content or Documents.

You acknowledge and agree that any and all Documents created through the Website are copyrighted by EAS and subject to restrictions on use. No terms or conditions herein shall be construed as a transfer of ownership or a grant of any proprietary or intellectual property rights to the Documents or Content contained therein.

If you are a Registered User, then you may do the following:

1. Select an unlimited number of questions on the Website and create as many Documents as you like, subject to any Website restrictions on Document size or storage.
2. Download Documents for any personal, non-commercial use. Private tutoring is considered a non-commercial use, even if it involves a fee, provided there is no separate charge for Documents.
3. Print Documents or save them on your local hard drive as PDF files. You may copy and re-use them indefinitely, provided you are otherwise in compliance with the Terms.

EducAide Software grants you a limited license to distribute (“share”) your Documents. Specifically:

1. You are allowed to distribute a Document only to students under your direct supervision, to their parents or guardians, or to a co-teacher, paraprofessional, or tutor who works with your students.
2. The above limitation applies regardless of whether a Document is printed and photocopied or distributed in electronic form as a PDF file, or whether the recipient of the Document is a Registered User.
3. There are two exceptions to clause 5.3a. For training purposes, or for providing information about the Website, you may distribute a small number of Documents to anyone. (“Small” means no more than 10 Documents with a total of no more than 250 questions). Similarly, you may post a small number of Documents on a public website, provided you credit EducAide Software and include a clickable link to www.problem-attic.com. (“Public” means the website is not behind a paywall and doesn’t require registration.)
4. If you wish to share a Document more widely, you may do so using Public Links. This option, which is on the Website’s Organize page, is the only authorized way of sharing Documents with someone who is not covered by 5.3a or by the exceptions in 5.3c. For further information about Public Links, see www.problem-attic.com/docsharing.

Certain uses of Documents are expressly forbidden:

1. You may not use Documents, or any portion thereof, to create a separate database of questions or text-retrieval system. The only exception to this rule is when exporting Content to another program. (Refer to Section 6 below.) To illustrate the meaning of a separate database or text-retrieval system, here are three examples what is not allowed:
• Storing Documents on a file server, accessible to others, and organizing them around a local curriculum.
• Downloading Documents which are not intended for students and which reproduce the organizational structure of the database.
• Taking screenshots of questions and pasting them into another program, where they’re re-indexed or made individually selectable.
2. You may not use Documents to produce, or aid in the production, of study guides, textbooks, assessments, or other teaching/testing materials which are for sale or for commercial gain.
3. You may not use Documents for a virtual school or distance education program unless you directly instruct the enrolled students. This means you have ongoing conversations with them with respect to the Documents, such as through email, a chat room or online meeting.

Documents that you download from the Website as PDF files are password-protected. This protects the copyrights of third-parties and may be a requirement for EducAide to re-publish the Content. Documents, when password-protected, may still be viewed on-screen, printed and distributed, in accordance with the Terms. You are not allowed to extract the Content.

Modifications for subscribing schools. If a school subscribes to Problem-Attic, these Terms are modified in a such a way that Registered Users are allowed to share Documents with each other, either directly or through a Curriculum or Learning Management System. For details, refer to www.problem-attic.com/school-terms.

If you are employed at a school that subscribes to Problem-Attic, and you have been given full access by the person in charge of the subscription (the ``Administrator''), then you may export Content to other programs. All terms and conditions in Section 5 apply to export, except for the following modifications.

You are allowed to export Content only in the manner described below, and only through Website options specifically designed for that purpose. The options are present on the Website’s Create page (Export tab) and Organize Page (Folder system).

The Website has three options for export. The first option, for Google Quiz Forms only, requires the installation of a small program in Google called a “plug-in”, which turns your Document into a quiz. The second option is to download your Document in a particular format, such as a QTI zip or PPTX file, and then upload it to another program. The third option, which may require setup by the Administrator, sends your Document directly to the other program using its API (application programming interface). The Terms apply to all three options.

When exported, Content may show up in another program in two forms, commonly referred to as Quizzes and Item Banks. If a Quiz or Item Bank contains any exported Content, then use is governed by the terms and conditions herein. We recognize that the other program may establish its own terms, since it is hosting the exported Content. In that case, the more restrictive terms shall prevail. If the other program purports to grant any right to copying, modifying, or re-distributing Content which is not provided herein, then export to that program is expressly forbidden.

Restrictions on the use of Quizzes. When exported Content shows up in another program as a Quiz, then use is restricted the same as a Document: the Quiz may be distributed only to students under your direct supervision. If someone else would like to make use of it, the only authorized way to share is with a Public Link. (Refer to 5.3d.) If the other person is a Registered User and has full subscriber access, then the Quiz can be re-created through one of the export options described above.

Restrictions on the use of Item Banks. When exported Content shows up in another program as an Item Bank, then restrictions on use depend on whether all schools in your district subscribe to Problem-Attic.

1. For the purposes of this section 6.6, “all schools” means those which encompass the same grade levels, either elementary or secondary. For the definition of a school and other details related to a subscription, please see www.problem-attic/school-terms.
2. If your school subscribes (but not all schools), then Item Banks are for your own personal use. You may create additional Quizzes with the exported Content, but you may not share the Item Banks or the Quizzes with anyone else, regardless of whether the other person is employed at your school.
3. If all schools subscribe, then you may share Item Banks with employees at your school or any other subscribing school in the district. All sharing must be done through the program where exported Content was originally sent, not through an external file exchange. The district is allowed to host the shared Item Banks through a central office or “institutional” account.

Conversion of Quizzes to Item Banks. If you export to another program, and the Content shows up as Quizzes, the program may give you the option of converting the Content to Item Banks. You are allowed to do the conversion provided the Item Banks are hosted by the same program that you exported to and any sharing is done in accordance with Section 6.6 above.

Miscellaneous restrictions. If you do any exporting of Content, you agree to the following:

1. You will not modify any files or alter any methods which are used in the export process. In particular, you will not change or remove any links to images, callback URLs, metadata, or copyright notices.
2. You will not re-export any Content from another program without the express permission of EducAide. You are allowed to export Content only directly from the Website to another program and not between other programs. Similarly, you are not allowed to download Quizzes or Item Banks from the other program (typically as a QTI zip or Common Cartridge file) if they contain any exported Content. This restriction applies even if you consider the download to be for backup purposes. Any such downloading would constitute a re-export and is not allowed.
3. You will not upload any exported Content, or a Quiz or Item Bank which contains the Content, to any public website, resource area or file sharing site . The only authorized sharing is through the program you exported to, and it must be direct sharing (user-to-user) or through a district account, in accordance with section 6.6.
4. You will discontinue use of exported Content if your Problem-Attic subscription expires. The Content is licensed, not sold, and the license is based on your being employed at a subscribing school.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EAS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS SECTION, THE TERM EAS INCLUDES EAS’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY SERVICES, MATERIALS, THIRD-PARTY SOFTWARE, OR USER POSTINGS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

EAS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICES, MATERIALS, THIRD-PARTY SOFTWARE, USER POSTINGS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

EAS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SERVICES, MATERIALS, OR INFORMATION THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

UNDER NO CIRCUMSTANCES, WILL EAS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR ANY OTHER INTERACTIONS WITH EAS, EVEN IF EAS OR A EAS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that EAS, at its sole discretion, for any reason, at any time, and without penalty, may terminate your account or any use of the Website and remove and discard any or all Documents that you have created. EAS may also, at its sole discretion and at any time, discontinue providing access to the Website or discontinue providing any Service, with or without notice. You agree that EAS will not be liable to you or any third party for such termination or discontinuance.

Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) the Terms, (iii) any policy or practice of EAS in operating the Website, or (iv) any Content or Services provided through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your account and discontinuing use of any and all parts of the Website.

Your account may terminate immediately and without notice from EAS, if in EAS’s sole discretion you fail to comply with any term or provision herein, if you engage in conduct that interferes with the operation of the Website or any Service. Upon such termination, you must destroy all Documents and other materials obtained from the Website and all copies thereof, regardless of whether you were in compliance with the Terms when you created the Documents or obtained the materials.

Privacy. EAS’s Privacy Policy is hereby incorporated by reference. Please read the Privacy Policy carefully for information relating to collection, use, and disclosure of personal information.

Survival. All provisions governing ownership of and proprietary rights to the Website and Content, and all provisions respecting use of Documents (Sections 3, 4e and 5 above) shall survive the Terms.

Waiver. The failure of EAS to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by EAS.

Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California.

Entire Agreement. The Terms constitute the entire agreement between you and EAS and govern your use of the Website, Services, Content and Documents, superseding any prior agreements between you and EAS.