Terms of Use

Updated on August 2nd, 2015

This user agreement (the “Agreement”) governs the terms and conditions of access to and use of OpenCurriculum (the “Website”) and its subdomains, including the articles, discussion forums, resources, and the services and features available through this website (the “Services”) as provided by OpenCurriculum, Inc (“Service Provider”, “we”, “our” or “us”). Access to and use of Website and Service are subject to terms and conditions of this Agreement, our Privacy Policy and all applicable laws and regulations including laws and regulations governing copyright and trademark. By accessing, registering, contributing or using any aspect of the Website, you unconditionally accept, without limitation, all of the terms in this Agreement.

Please read the below terms of use carefully, as this Agreement may have changed from your last visit. We reserve the right to change this Agreement without notice from time to time, so check back on this Terms of Use (http://www.opencurriculum.org/terms) screen often. Your failure to comply with these terms may result in suspension or termination of your access to this Website and Services, without notice.

Content

Unless otherwise stated, all of the information, text, photographs, graphics, illustrations and artwork, data, links, code, video, music and sound or other material accessible through the Website, whether created by us or another person for the display on the Website (“Content”) on this Website is licensed under a Creative Commons Attribution-ShareAlike 4.0 Unported License (“Creative Commons Content”). A summary of the terms of the Creative Commons license is available at http://creativecommons.org/licenses/by-sa/4.0/ and a full text version of the license is available at http://creativecommons.org/licenses/by-sa/4.0/legalcode.

You may view, copy, print and distribute the Creative Commons Content on the Website under the terms of the Creative Commons license, subject to the following terms:

  • Copyright, trademark, and other proprietary notices may not be removed from any Content.

The Website may also contain information, text, photographs, graphics, illustrations and artwork, data, links, code, video, music and sound or other material that may be licensed differently from the Creative Commons Content (“Differently licensed content”). For clarity and without limitation, such Differently licensed content includes:

  • The names, logos, trademarks, and service marks of the Service Provider and any other third party listed on the Website are not included in the Content that is licensed under the Creative Commons terms; and
  • Any Content by the Service Provider's affiliates and licensors, without an identified license, that is protected by copyright, trademark and other laws and may be used only for personal and non-commercial use; and
  • Any Content on the Website that is identified with a license other than Creative Commons Attribution-ShareAlike 3.0 Unported License, such as Content that is a part of article collections that carry different or custom licensing.

You agree not to modify, reproduce, retransmit, redistribute, disseminate, display, re-arrange, revise, reverse engineer, publish, delete, broadcast, or circulate any such Differently licensed content directly or indirectly, including but not limited to removal or alteration of advertising, unless permitted by terms of the license associated with the Differently licensed content or written permission of the Service Provider.

We do not take any responsibility for the quality, accuracy or bias of the articles. We are under no obligation to review material on the Website and make changes to the information. We reserve the right to make changes or take down any Content and its descriptions or specifications without any obligation to issues any notice of such changes.

Your usage

We grant you a personal, non-exclusive, non-transferable, revocable license to use the Website, subject to the following conditions:

Children

The Website is intended to serve a general audience and does not provide Services targeted towards children under the age of 13. The Service Provider does not knowingly solicit personally identifiable information from users under the age of 13.

Prohibited Content

Our Website may include forums, member pages, chat rooms, or Services allowing you to interact with other members and provide feedback to us.

You agree not to post or transmit any fraudulent, unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, constitute hate speech, violate the rights of others, or otherwise violate any applicable local, state, national or international law.

You agree not to post on through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers.

Contribution

To grow the commons of open educational material, all contributing users to the Website's article collections are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, as long as the use is attributed and the same freedom to re-use and re-distribute applies to any derivative works. Therefore, any contribution you hold copyright to, by submitting it to the article collections, you agree to license it under the Creative Commons Attribution-ShareAlike 3.0 Unported License. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.

You agree that, wherever applicable, such as in cases of materials not belonging to article collections licensed under the Creative Commons license, you are solely responsible for posting the accurate licensing information linked to your contributions. You are solely responsible for any legal liability arising out of or relating to your contributions. You represent and warrant to the Service Provider that your contributions do not and will not violate any copyrights, trademarks, trade secrets or other proprietary rights of any third party or create any liability to any third party.

You acknowledge that Service Provider does not control the information available on the Website forums, chat rooms and other user generated pages and that any opinions, advice, services, offers or other information or content disseminated through the Website are those of contributors, who are solely liable for their content.

You agree that Service Provider does and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

You agree that no payment or compensation will be made by the Service Provider to you for your contributions.

You acknowledge that any contributions you make outside the scope of the Creative Commons Content and other Differently licensed content to the Website (i.e., user-generated content including but not limited to: text, video, audio and images) (each, a “Contribution”) may be edited, removed, modified, published, transmitted, and displayed by Service Provider and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant Service Provider a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Contributions, which includes without limitation the right for Service Provider or any third party Service Provider designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcasting, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Contribution posted by you or to the Website, including any Contribution through a third party.

Ethical usage

You agree to not “scrape” or disaggregate data from the Website (by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. You agree not to attempt to gain access to Service Provider's servers by means other than a Web browser – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.

Copyright

Service Provider respects the intellectual property property of all parties and takes copyright infringement very seriously. If you believe in good faith that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing the following information to our copyright agent (copyright [at] opencurriculum [dot] org or Zeinab Mohamed, 255 Easy St., Unit #1, Mountain View, CA 94043. Phone: 412-475-9074):

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted 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, and information reasonably sufficient to permit Service Provider to locate the material;
  • Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Monitoring

In order to provide a better experience for our users, we may monitor content and activity on the Website, including article contributions, forums and chat rooms, to foster compliance with this Terms of Use Agreement. Nevertheless, we do not make any warranties or guarantees that we will take any action in the event of dispute regarding compliance or non-compliance with this Agreement.

Endorsement

Service Provider does not represent, endorse, support, sanction, encourage, verify or agree with the accuracy or reliability of any comments, opinions, statement or any other information displayed, uploaded, or distributed through the Website by any user, information provider or any other person or entity. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the of views of Service Provider. You agree that Service Provider has no liability to you with respect to any information or materials posted or uploaded by others, even material that violates this Agreement.

Disclaimer of Warranty

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. ALL TEXT, IMAGES, ON AND ACCESIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON THIS WEBSITE WILL BE FREE OF ERRORS OR THAT ACCESS TO THIS WEBSITE WILL BE INTERRUPTED OR THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL SERVICE PROVIDER NOR ANY OF ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnification

You agree to indemnify, defend and hold harmless Service Provider and all it's officers, directors, affiliates, licensors, information providers and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorney's fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Website.

Termination

We have the right to terminate and/or suspend your access to the Website and Services, in our sole discretion, for any reason and at any time, without prior notice. You agree that we are not liable to you or any third party for any termination of your access to our Website and/or Services.

Jurisdiction

Service Provider does not make any representation that information and materials on this Website are appropriate, available or legal for use outside the United States. Those who choose to access this Website do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.