Effective August 1, 2008 (last updated June 21, 2016)
Welcome to the CK12.org website (the “Site”) which is owned and operated by CK-12 Foundation, a California non-profit corporation(“CK-12” or “we”). CK-12′s mission is to reduce the cost of textbook materials for the K-12 market both in the U.S. and worldwide. Using an open-source, collaborative, and web-based compilation model, CK-12 pioneers and promotes the creation and distribution of high-quality,adaptive online textbooks that can be mixed, modified and printed (i.e., the FlexBook™ textbooks). The Site is designed to serve as both an information resource and an application platform for K-12 teachers, educators and students who wish to join our online community.
PLEASE READ THE ENTIRE TOU CAREFULLY BEFORE USING THE CK-12 PLATFORM. By using the CK-12 Platform, you acknowledge that you have read and understand the TOU in its entirety, and agree to be bound by its terms. If you do not agree to any of the terms contained in the TOU, please refrain from using the CK-12Platform. If you are a parent or legal guardian of a minor (i.e., a person under the age of 18), you understand and acknowledge that use of the CK-12Platform by such minor is governed by and subject to the TOU.
“CK-12 Content” means CK-12 Curriculum Material (as defined below) and all other CK-12 content made available on the CK-12 Platform, including, without limitation,articles, editorials, blogs, images, graphics, photographs, audio, video, multimedia and interactive content, but excluding software programs and applications embedded in the FlexBook Platform®.
“CK-12 Curriculum Material” means any CK-12 curriculum material, course material, textbook, teaching guide, study guide, test and practice materials, and other like material made available on the CK-12 Platform.
“Curriculum Contribution” means any Member-made addition, revision, correction, rework or improvement to CK-12 Curriculum Material.
“Member” means any User who registers as a member on the CK-12 Platform. Membership registration is required to access and use certain features on the CK-12Platform, including the FlexBook Platform®.
“User” or “you” means any person using the CK-12 Platform.
“User Posting” means any content, material, information, data, message or communication originated by a User. For the avoidance of doubt, all of the following will be deemed to constitute User Postings under the TOU: any account registration and profile information submitted by a User; any Curriculum Contribution by a User; and any comment, view, opinion, or other message or communication posted by a User.
2. CHANGES TO TOU
We reserve the right to modify the TOU from time to time in our sole discretion. For example, we may amend the TOU to incorporate additional rules and policies as may be established by CK-12 from time to time. If we make material changes to the TOU, we will announce and post such changes on the CK-12Platform for the general public. If you are a Member, we may also notify you of the material changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on the CK-12 Platform. By continuing to use the CK-12 Platform or any CK-12 Content after such notice and consent, you are bound by the TOU as modified.
Accordingly, CK-12 expressly reserves the following rights:
(1) the right to suspend, revoke and terminate your privilege to use the CK-12 Platform and CK-12 Content at any time and with or without notice, should you violate the TOU or any applicable law (please note that a violation of the TOU by anyone using the CK-12 Platform or any CK-12 Content under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent);
(2) the right to terminate the membership account of any User who is determined by us to be a repeat copyright infringer and to deny re-registration by such User;
(3) the right to suspend, delete, remove, block, disable and deny access to any User Postings at any time, for any or no reason, and with or without notice, including, without limitation, User Postings which, in the sole judgment of CK-12, violate the TOU or any applicable law, or may expose or subjectCK-12 to claims or liabilities of any kind, or may adversely affect the reputation or goodwill of CK-12, or may pose threats, danger or harm of any kind to the CK-12 Platform, any CK-12 Content, or other Users;
(4) the right to investigate any violation or suspected violation of the TOU and cooperate with law enforcement authorities and/or third parties in such investigation;
(5) the right to preserve and disclose any User Postings if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any User Postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of CK-12, its Users, and/or the public; and
4. RESPONSIBILITY FOR USER POSTINGS
All User Postings are the sole responsibility of the User or Users from whom such postings were originated. This means that you, and not CK-12, are entirely responsible for all User Postings made by you. You acknowledge and agree that:
(1) CK-12 may, but has no obligation to, pre-screen, review, edit or monitor any User Postings;
(2) CK-12 does not direct or control User Postings and makes no representation or warranty whatsoever as to the accuracy, integrity, validity or legitimacy of any User Postings;
(3) the CK-12 Platform is a public forum and there is no reasonable expectation of privacy by any User when accessing public areas on the CK-12 Platform;
(4) for any personal information that you choose to publish, have published, or otherwise share with others on the CK-12 Platform, you are deemed to have expressly waived your right and expectation of privacy for such information; and
(5) under no circumstances will CK-12 be responsible or liable for others’ use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the CK-12 Platform.
- Make any User Postings that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, offensive, obscene,invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your association or affiliation with any person or entity (includingCK-12);
- Forge headers or otherwise manipulate identifiers in order to disguise the origin or source of your User Postings;
- Make any User Postings that you have no right, authority or permission to make;
- Make any User Postings that infringes, violates or misappropriates any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other property, personal or proprietary right of any person or entity (including CK-12);
- Make any User Postings that are commercial in nature, including unsolicited advertising, promotional and marketing materials, “junk mail,” “spam,”“chain letters,” “pyramid schemes,” or any other form of solicitation;
- Make any User Postings that contain viruses, spyware, malware, or any other malicious or harmful computer code, files or programs that are designed to invade, infiltrate, damage, disrupt, interfere with, or otherwise adversely affect any computer software, hardware, network or equipment;
- Engage in “trolling,” such as making any User Postings that are off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users’ ability to engage in real time exchanges;
- Interfere with or disrupt the CK-12 Platform or any servers or networks connected to the CK-12 Platform, or disobey any requirements, procedures,protocols, policies or regulations of networks connected to the CK-12 Platform, or engage in reverse engineering, decoding, decompiling, disassembling or similar act with respect to any software program or application embedded in the FlexBook Platform®;
- Violate any applicable law, whether intentionally or unintentionally;
- Stalk or otherwise harass any other person or entity;
- Solicit or collect personal data about others for any unlawful or unauthorized purpose, or in violation of the TOU;
- Override or circumvent (or attempt to override or circumvent) any usage rules or content protection measures embedded in the CK-12 Platform or anyCK-12 Content;
- Use another Member’s Username, Password or other account information without permission; or
- Engage in any other conduct or activity that CK-12 determines, in its sole judgment, is illegal, abusive, harmful or improper.
To report abuse or prohibited conduct, please see Section 16 (Contact Us) on how to contact us.
6. INTELLECTUAL PROPERTY
6.1. CK-12 Trademarks and Service Marks.
The names “CK-12” and “CK12” and associated logos and the terms “FlexBook®” and “FlexBook Platform®” (collectively “CK-12 Marks”) are trademarks and service marks of CK-12 Foundation and are protected by federal, state and international laws. Except for purposes of attribution as required by and in compliance with the CC License and the TOU, you may not use CK-12 Marks, or any variations thereof, for any purpose or in any manner, without express prior written consent of CK-12. Without limitation to the generality of the foregoing, you may not use any CK-12 Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or inCK-12′s sole judgment gives the appearance or impression of, any association, connection or affiliation with CK-12 (other than a truthful, non-misleading indication that you are a User or Member of the CK-12 Platform), or any endorsement, sponsorship or approval by CK-12.
Unless otherwise noted, all other trademarks and service marks appearing on the CK-12 Platform are the property of their respective owners.
6.2. CK-12 Copyrights.
All CK-12 Content is protected under U.S. and international copyrights. CK-12 owns and retains all rights, title and interest, including all rights under copyright, in and to all CK-12 Content. Your rights to use, share and adapt CK-12 Content under the CC License are merely those of a non-exclusive licensee, and you do not acquire copyright ownership with respect to any CK-12 Content.
6.3. CK-12 Legal Notices.
To the extent any CK-12 Content contains or includes any CK-12 legal disclaimers, CK-12′s trademark, copyright and/or other legal rights notices, and/orCK-12′s source, identification and/or attribution information (collectively “CK-12 Legal Notices”), you must keep intact all such CK-12Legal Notices, and may not remove, alter, destroy, conceal or otherwise temper or interfere with the same.
6.4. CK-12 Content – Our License to You.
Except as expressly otherwise noted, all CK-12 Content (including CK-12 Curriculum Material) is made available to Users in accordance with theCreative Commons Attribution – Non-Commerical 3.0 Unported (CC BY-NC) License ( http://creativecommons.org/licenses/by-nc/3.0/) , as amended and updated by Creative Commons from time to time (the “CC BY-NC License”), which is incorporated herein by this reference.
The CC BY-NC License allows you to freely share and adapt CK-12 Content, provided that: (i) you give proper attribution to CK-12 in the manner specified byCK-12, but not in any way that suggests that CK-12 endorse you or your use; (ii) you may not use, copy, reproduce, perform,display, distribute, transmit, disseminate, modify, adapt, creative derivative works from, or otherwise exploit CK-12 Content for commercial purposes,including for commercial advantage or private monetary compensation; (iii) for any reuse or distribution of CK-12 Content, you must make clear to others the CC BY-NC License terms (the best way to do this is with a link to http://creativecommons.org/licenses/by-nc/3.0/); and (iv) you comply with all other requirements as may be specified in the CC BY-NC License. The CC BY-NC license supersedes and replaces any Creative Commons license previously adopted by CK-12 for CK-12 Content.
NOTE: Notwithstanding the above, the CC BY-NC License does not apply to photos, images and other materials contained in CK-12 Content which have been licensed by CK-12 from Shutterstock.com, Getty Images, and/or other commercial stock photo/image agencies (you can easily identify such a photo or image by looking at the credit embedded within or associated with the photo or image) (each, a “Licensed Stock Photo”). You are allowed to retain a copy of a Licensed Stock Photo for your own personal, non-commercial use only, BUT (i) you may not modify,alter, adapt, or otherwise create any derivative work from, a Licensed Stock Photo and (ii) you may not distribute, transmit or disseminate a Licensed Stock Photo or any copy or derivative work thereof, to any third party, whether by itself, as part of CK-12 Content, as part of your Curriculum Contributions, or otherwise.
If you wish to use CK-12 Content for commercial purposes, you must contact CK-12 to enter into a separate license agreement governing commercial use of theCK-12 Content.
If you do not agree to the terms of the CC BY-NC License, please refrain from using CK-12 Content in any manner, including downloading, copying,reproducing, printing, editing, modifying, distributing or transmitting such content, in any media or by any means, whether now known or hereafter developed. If you accept the terms of the CC BY-NC License and proceed to use any CK-12 Content, then any breach or violation by you of the CC BY-NC License will automatically constitute a violation of the TOU and may subject you to liability to CK-12 for copyright infringement. Also, to the extent you have violated the CC BY-NC License and made modifications or improvements to, or have prepared derivative works based upon, CK-12 Content or have otherwise incorporated CK-12 Content into your own content for commercial purposes, your violation of the CC BY-NC License will automatically subject such modifications, improvements or derivative works by you, or your own content that is mixed with CK-12 Content, to a perpetual, royalty-free, worldwide license to CK-12, and CK-12 may, in its sole discretion, elect to exercise the foregoing license in addition to or without prejudice to any other remedies available.
6.5. FlexBook Platform® Software – Our License to You.
As a Member, you are hereby granted a limited license to use any and all software programs and applications embedded in the FlexBook Platform® solely on and within the CK-12 Platform and solely during each session of your visit to the CK-12 Platform. Cancellation or termination of your membership on theCK-12 Platform for any reason will automatically result in termination of such limited license.
6.6. User Postings – Your License to CK-12.
Certain features of the CK-12 Platform allow Members (and only Members) to make, publish, share and store their Curriculum Contributions on the CK-12Platform, as well as the ability to view, access, and further adapt and build upon Curriculum Contributions of other Members. Members retain copyright ownership in their Curriculum Contributions and other User Postings made on the CK-12 Platform (excluding and subject to CK-12’s copyright in the preexisting CK-12 Curriculum Material), PROVIDED that by making any Curriculum Contribution or any other User Posting on the CK-12 Platform, you hereby expressly and irrevocably grant to CK-12 a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual license to freely use, copy, reproduce, perform, display, distribute, transmit, disseminate, modify, adapt, creative derivative works from, and otherwise exploit (with the right to authorize and grant sub-licenses to others to do so) such Curriculum Contribution or such other User Posting by you, whether as part of CK-12Content, on the CK-12 Platform, or otherwise, for any and all purposes (commercial and non-commercial) as CK-12 deems appropriate, and in any and all media now known or hereafter devised.
6.7. Notification of Copyright Infringement Claims.
If you believe your copyright has been infringed or violated by any CK-12 Content or any User Postings on the CK-12 Platform, please see our DMCA Statement for further information. Our DMCA Statement constitutes an integral part of the TOU and is incorporated herein by this reference.
7. LIMITS REGARDING DATA STORAGE
You understand and acknowledge that CK-12 may from time to time establish and update rules and limits concerning storage of User Postings on the CK-12Platform and on its server(s), including, without limitation: (1) limits on the file size of each posting; (2) limits on the disk space that will be available for use by a Member on CK-12′s server(s); (3) the maximum number of days for which a posting will be retained by the CK-12 Platform; (4) the maximum number of postings that may be sent from or received by a Member account at a given time; (5) the maximum number of times (and the maximum duration for which) you may access the CK-12 Platform or any CK-12 Content in a given period of time; and (6) the maximum duration for which the CK-12 Platform may allow a Member’s log-in session to remain idle or inactive (i.e., how long before CK-12 may terminate such a session).
You acknowledge and agree that CK-12 will not be responsible or liable for the deletion or failure to process or store any User Postings where such deletion or failure is caused by: (1) CK-12 protecting the CK-12 Platform and its server(s) from data overload, or CK-12 complying with rules and limits established by our service providers; or (2) you failing to comply with any rules or limits established by CK-12.
8. LINKS TO THIRD PARTY WEBSITES
The CK-12 Platform may contain links to certain third-party websites. For example, we may display links to the Creative Commons webpage (where the text of the CC License is published) on the CK-12 Platform, so Users can conveniently click on those links to read the terms of the CC License. Also, for Members who cannot (or do not wish to) carry out printing themselves, the FlexBook Platform® may contain links to one or more third-party service providers who can help Members print and compile their FlexBook® textbooks (each, a “Thirty-Party Service Provider”). CK-12 neither offers textbook printing services nor handles any transactions for any such Third-Party Service Provider. Members must go to a Third-Party Service Provider’s website directly to place printing orders and carry out all related transactions, including payment processing. Any printing order or transaction will be directly between you and the Third-Party Service Provider, with no involvement whatsoever by CK-12.
Links to third-party websites are provided for your convenience only and do not constitute CK-12′s endorsement, sponsorship, warranty or approval of such linked websites or any product, service or content offered on such linked websites. CK-12 does not own or control such linked websites and does not warrant or guarantee that any product, service or content offered on such linked websites will be suitable for you. You access and use such linked websites entirely at your own risk. You acknowledge and agree that under no circumstances will CK-12 be responsible or liable in any way for any errors, omissions,conduct or activity of such linked websites, or for any claims, losses, damages or injuries of any kind incurred by you as a result of your use of or reliance upon any product, service or content offered on such linked websites.
9. ONLINE PRIVACY
THE CK-12 PLATFORM, ALL CK-12 CONTENT, AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE CK-12 PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,”WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CK-12 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,EXPRESS OR IMPLIED, WITH RESPECT TO THE CK-12 PLATFORM, ANY AND ALL CK-12 CONTENT, AND ANY AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE CK-12PLATFORM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, CK-12 DOES NOT WARRANT OR GUARANTEE THAT THE CK-12 PLATFORM, ANY CK-12 CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE CK-12 PLATFORM, IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL CK-12 OR ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE CK-12 PLATFORM, ANY CK-12 CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE CK-12 PLATFORM, OR YOUR USE OF (OR YOUR INABILITY TO USE) OR RELIANCE UPON ANY OF THE FOREGOING, REGARDLESS OF WHETHER OR NOT CK-12 AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. USER INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CK-12 AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS,PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH: (1) YOUR USE OF OR RELIANCE UPON THE CK-12 PLATFORM, ANY CK-12 CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE CK-12 PLATFORM; (2) ANY USER POSTINGS MADE BY YOU; OR (3) YOU BREACH OR VIOLATION OF ANY PROVISION OF THE TOU OR ANY APPLICABLE LAW. CK-12AND ITS AFFILIATES RESERVE THE RIGHT, AT THEIR OWN COST, TO ASSUME THE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH CK-12 AND ITS AFFILIATES IN SUCH DEFENSE AND SETTLEMENT.
The TOU is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Any dispute arising between you and CK-12 concerning the CK-12 Platform, any CK-12 Content, any User Postings, or the TOU shall be decided exclusively by state and federal courts located in the Santa Clara County, State of California, U.S.A. The TOU constitutes the entire agreement between you and CK-12 concerning your use of the CK-12 Platform and CK-12 Content. If any portion of the TOU is deemed invalid by a court of competent jurisdiction,the invalidity of such portion shall not affect the validity of the remaining portions of the TOU, all of which shall remain in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under the TOU shall not constitute a waiver of such right or provision.
If you have any questions regarding the TOU, please contact us at:
3430 W. Bayshore Rd., Suite 101
Palo Alto, CA 94303