EDUCURIOUS (“EDUCURIOUS”, “WE” OR “US”) TERMS OF SERVICE
Last Modified April 25, 2016
THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND EDUCURIOUS. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTP://EDUCURIOUS.ORG AS WELL AS ALL ASSOCIATED SITES LINKED TO HTTP://EDUCURIOUS.ORG BY EDUCURIOUS (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE (“SERVICES”) OR ANY INFORMATION CONTAINED ON THIS SITE.
EDUCURIOUS may make changes to the content and Services offered on this site at any time. EDUCURIOUS can change, update, or add or remove provisions of these terms, at any time by posting the updated terms on this site and providing notice on the Site’s main page for a period of 30 days thereafter. By using this Site after EDUCURIOUS has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using the Site, you represent that you have not been convicted of any felony, that you are accessing the Site from within the United States of America, and that you are 18 years of age or older. If you are between the ages of 13 and 18, please read this agreement with your parent or legal guardian. If you are between the ages of 13 and 18, you may only use the Site with the permission of a parent or legal guardian, or through your school’s account with your school’s permission. If you are using this Site on behalf of a company, school or other entity, you represent that you are authorized to legally bind such entity to these Terms.
If EDUCURIOUS believes that you do not meet any of these requirements EDUCURIOUS may immediately terminate your use of the Site and/or Services.
EDUCURIOUS provides content and Services through this Site that are the copyrighted and/or trademarked work of EDUCURIOUS, EDUCURIOUS’ third-party licensors and suppliers, or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
EDUCURIOUS hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal and non-commercial use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site.
You need not register with EDUCURIOUS to simply visit and view informational areas of the Site. However, in order to sign up for or download certain EDUCURIOUS educational materials, access certain password-restricted areas of the Site or use certain other Services and Materials offered on and through the Site (such as the Educurious Expert Network), you must have registered with EDUCURIOUS for an account and received a password.
Password Restricted Areas of this Site.
If you desire to register for an account with EDUCURIOUS, you must provide EDUCURIOUS with the following information: Name, School, City, State, Email Address, and Phone Number. Teachers, school administrators and Experts will also be asked to provide information in the Educurious Code of Conduct (at http://educurious.org/code-of-conduct). You may also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to EDUCURIOUS in providing you with more a more customized experience when using the Site or its Services. If you register as an Expert you also acknowledge and agree that you have read and agree to our Code of Conduct (available at http://educurious.org/code-of-conduct). Once you have you have provided your account registration information, an EDUCURIOUS administrator shall have the right to approve or reject the requested registration, in such EDUCURIOUS administrator’s sole discretion. If your account is approved by EDUCURIOUS administrator, you will be sent an e-mail that contains your account user-name and a password that will allow you to log-on to the Site (“Password”).
You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify EDUCURIOUS if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to this Site and/or the Services.
All the information that you provide when registering for an account and otherwise provide through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
By registering for an account, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. EDUCURIOUS reserves the right to charge or change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
IMPORTANT NOTICE: YOUR MEMBERSHIP (AND YOUR ASSOCIATED ACCOUNT) WILL EXPIRE AT THE END OF THE TERM SPECIFIED WHEN YOU REGISTER (UNLESS YOU CANCEL OR WE TERMINATE PRIOR TO THE ANNIVERSARY DATE). YOU MAY REQUEST THAT YOUR MEMBERSHIP BE RENEWED BEYOND THAT TERM OR YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING EDUCURIOUS AT INFO@EDUCURIOUS.ORG. EDUCURIOUS’ DECISION TO RENEW YOUR MEMBERSHIP SHALL BE IN EDUCURIOUS’ SOLE DISCRETION.
Your account gives you access the Educurious Expert Network and certain other password protected areas of the Site, but you may not access EDUCURIOUS educational content unless your school has purchased such content. EDUCURIOUS educational content is not available for purchase online. If you are a school that wishes to purchase our materials, please contact us at email@example.com or:
3919 Latona Ave NE C-1
Seattle, Washington, 98105
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from EDUCURIOUS. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with EDUCURIOUS. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links to Third Party Sites.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require EDUCURIOUS to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. EDUCURIOUS reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that EDUCURIOUS determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. EDUCURIOUS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at EDUCURIOUS’ discretion, EDUCURIOUS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold EDUCURIOUS and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) EDUCURIOUS or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
EDUCURIOUS is a trademark of Educurious Partners in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of EDUCURIOUS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement.
EDUCURIOUS respects the intellectual property rights of others, and we ask you to do the same. EDUCURIOUS may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide EDUCURIOUS’ designated agent the following information:
- 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 of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit EDUCURIOUS to locate the material.
- Information reasonably sufficient to permit EDUCURIOUS to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail 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 and/or trademark 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.
EDUCURIOUS’ agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
3919 Latona Ave NE C-1
Seattle, WA 98105
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to EDUCURIOUS designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which EDUCURIOUS may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
EDUCURIOUS reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by EDUCURIOUS, and they may include inaccuracies or typographical or other errors. EDUCURIOUS does not warrant the accuracy of timeliness of the Materials contained on this Site. EDUCURIOUS has no liability for any errors or omissions in the Materials, whether provided by EDUCURIOUS, our licensors or suppliers or other users.
EDUCURIOUS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, AND ANY OTHER INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EDUCURIOUS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
EDUCURIOUS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL EDUCURIOUS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF EDUCURIOUS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
EDUCURIOUS controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. You agree that you will not access the Site from outside the United States of America.
If you send or transmit any communications, comments, questions, suggestions, or related materials to EDUCURIOUS, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and EDUCURIOUS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that EDUCURIOUS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
EDUCURIOUS prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by EDUCURIOUS, may result in immediate termination of your access to this Site and/or Services without prior notice to you. The Federal Arbitration Act, Washington state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in King County in the State of Washington. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. EDUCURIOUS’ failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and EDUCURIOUS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and EDUCURIOUS about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact EDUCURIOUS for any reason, you can reach us at firstname.lastname@example.org or Educurious Partners, 3919 Latona Ave NE C-1 Seattle, Washington, 98105.