Latest Update: May 21, 2018
Additionally, by accessing any of the Edutopia Technologies, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms. If you are older than 13 but under the age of consent where you live, then you must get the consent of your parents prior to using the Edutopia Technologies, and if you do use the Edutopia Technologies, you represent to us that you have done so.
These Terms, and any future modifications to such Terms, govern your use of the Edutopia Technologies and constitute a legal contract between you and Edutopia.
If you do not agree to these Terms, please immediately discontinue using the Edutopia Technologies.
1. USER-GENERATED CONTENT
Absent a separate agreement with us, Edutopia does not claim any ownership rights to the content created by its users and shared through the Edutopia Technologies (including on our social media channels), including content in our blogs or forums (“Your Content”). We reserve the right to disable the ability of users to share content through the Edutopia Technologies and we may also have a third party provider, including but not limited to Facebook, provide a forum on the Edutopia Technologies to share Your Content. After posting Your Content, subject to any rights of third party providers, you continue to retain any ownership rights you have to Your Content and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the Edutopia Technologies needs to comply with these Terms.
You hereby grant Edutopia a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Your Content in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Edutopia Technologies (and our social media channels) without payment and without further consent or notice to you. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in backup copies.
You hereby agree that we may remove Your Content in our sole and absolute discretion. You hereby agree that if Your Content is removed from the Edutopia Technologies owing to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, Edutopia shall have the right to use and reproduce Your Content in response to any subpoena or other judicial or administrative order; to assist government enforcement agencies or as otherwise required by law; and to protect the rights, property, or safety of Edutopia, any individual, or the general public. If Your Content is removed, lost, altered, damaged, misused, or otherwise irretrievable, you agree to, and hereby do, waive Edutopia from any and all liability.
You are responsible for making sure that you have all rights to Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. Edutopia does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on the Edutopia Technologies may continue to appear on the Edutopia Technologies even after your account is deactivated for any reason, as portions of Your Content may have been incorporated into other Edutopia features, including, but not limited to, profiles, community boards, third-party social-sharing sites, RSS feeds, and other features.
We encourage our users to submit suggestions and ideas to us on a nonconfidential basis. If you send us creative suggestions, ideas, notes, drawings, concepts, or other submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) (collectively, the “Submissions”), you automatically grant, or warrant that the owner of such material expressly grants, Edutopia the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Submission (in whole or in part) through the Edutopia Technologies and/or to incorporate it in Edutopia Resources or other works in any form, media, or technology now known or hereafter developed for any purpose that Edutopia chooses. Edutopia does not claim any ownership rights to the Submissions. Edutopia is not obligated to integrate any Submission into the Edutopia Technologies or Edutopia Resources but may choose to do so at Edutopia’s sole discretion. Regardless of whether or not a Submission is integrated into the Edutopia Technologies or Edutopia Resources, Edutopia is not obligated to maintain any Submissions in confidence and may publicly disclose or use the Submissions. The sender acknowledges that any such use by Edutopia will be without any compensation to the sender whatsoever and may not credit the sender, depending on the form of the Submission. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Edutopia relating to unsolicited Submissions.
From time to time, Edutopia may give you opportunities to participate in Edutopia-sponsored events, promotions, and presentations through requests for user Submissions that we may request through our website, social media channels or otherwise. Edutopia will post guidelines (or provide forms) on the Edutopia Technologies regarding your Submission. These guidelines are designed to assist you in providing Edutopia with a Submission that suits our needs. Edutopia may, at its discretion, alter or change the guidelines without notice to you. For instance, Edutopia may extend a deadline for Submissions or accept and/or reject Submissions that fall outside the guidelines at its discretion. Requests for user Submissions are not contests, and user Submissions may be evaluated in any manner Edutopia and its affiliates deem appropriate. Edutopia does not guarantee that any Submission you provide will be reviewed or even considered for publication. In some cases, Submissions not chosen in a Submission request may be used on the Edutopia Technologies before, during, or after the close of the Submission request. Such appearance on the Edutopia Technologies is independent of the decision to use your Submission for a particular event, promotion, or presentation.
3. LICENSES FROM EDUTOPIA
License Grant. Edutopia strives to make Edutopia Resources widely available to improve the K-12 learning process. With that goal in mind, during and subject to the terms and conditions of these Terms, Edutopia hereby grants you a limited, nonexclusive, non-sublicenseable, nontransferable, freely revocable license to access and use Edutopia Resources, for personal or educational purposes, in order to
- download Edutopia Resources on your personal device;
- include Edutopia Resources in a presentation for use at a conference or workshop;
- print pages from Edutopia Resources for nonprofit and educational uses so long as you include Edutopia’s copyright notice and any other credit, byline, and copyright notice attributable to specific content on each one of the Edutopia pages you print and distribute (please list the source as follows: “Originally published (insert publication date) © Edutopia.org; George Lucas Educational Foundation”); or
- link to Edutopia.org, use our RSS feeds, or place our embeddable video player of Edutopia Resources on any kind of Web-based content (including whether such Web-based content is offered for free or a fee), including sites, blogs, e-textbooks, and online courses, so long as all forms of display, including links and embeds, are accompanied by a prominent source link back to the Edutopia Technologies (collectively, the “Automatic Licensed Uses”).
For clarity, aside from the foregoing Automatic Licensed Uses, you acknowledge that you shall acquire no other rights or licenses in any Edutopia Technologies or Edutopia Resources unless specifically and expressly granted by Edutopia in writing. As between you and Edutopia, all the intellectual property rights in the Edutopia Technologies and Edutopia Resources are owned by Edutopia or its licensors.
Uses Requiring Additional License. For any other copying, publishing, distribution, or modification of Edutopia Resources that are not set forth above, please complete the License Request Form, and we will review your request and respond as soon as practicable. If we accept your request, we will send you a license (the “Additional License”) regarding your contemplated use. Without limiting the generality of the foregoing, you are required to obtain an Additional License for
- hosting Edutopia Resources on a server for redistribution;
- modifying Edutopia Resources or making derivative works of any Edutopia Resources; or
- using Edutopia Resources in connection with a published product (e.g., a book, magazine, film, video, or television program or audio/visual representation).
If you have any questions about our licensing policies, please email INFO at EDUTOPIA (dot) ORG.
License Restrictions. Except as expressly permitted under these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to
- rent, lease, loan, or sell access to Edutopia Technologies or Edutopia Resources;
- decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying Edutopia Technologies;
- access (or attempt to access) any service on Edutopia Technologies by any means other than as permitted in these Terms;
- circumvent, disable, or otherwise interfere with any features of Edutopia Technologies that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any Edutopia Resources or any third-party content;
- access Edutopia Technologies to cause a breach of security to Edutopia Technologies or interfere with the proper working of Edutopia Technologies or prevent others from using Edutopia Technologies or accessing Edutopia Resources;
- programmatically or manually copy, scrape or appropriate data, including text and images, from content pages accessed through the Edutopia Technologies;
- programmatically or manually remove or reformat page elements including the Edutopia logo, page header, and page footer from content;
- host or publish copies of our content or all or part of our website without attribution; or
- delete the copyright and other proprietary rights notices on Edutopia Technologies or Edutopia Resources.
Edutopia is a nonpartisan organization and does not take positions on any legislation or ballot measures nor does it endorse or oppose any candidates in elections to public office (collectively “Lobbying Activities”). As such, you are not permitted to use any Edutopia Technologies or Edutopia Resources in connection with any such Lobbying Activities.
4. INTERACTIVE AND SOCIAL FEATURES
To the extent such service is available on Edutopia Technologies, you are welcome to post Your Content to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, or in connection with, Edutopia Technologies (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. In addition, if you post Your Content on a third party service that references the Edutopia Technologies, Your Content may be used on, or in connection with, the Edutopia Technologies. Edutopia accepts no responsibility whatsoever in connection with or arising from Your Content or for the personal information you choose to submit in these features. Edutopia does not endorse and has limited control over the content submitted by others to Forums. Content submitted to Forums are not necessarily reviewed by Edutopia prior to posting and do not necessarily reflect the opinions or policies of Edutopia. Edutopia makes no warranties, express or implied, as to the content in the Forums or the accuracy and reliability of any content and other materials in the Forums. Nonetheless, Edutopia reserves the right to prevent you from submitting Your Content to Forums and to edit, restrict, or remove Your Content in its sole discretion.
Edutopia assumes no responsibility for actively monitoring Forums for inappropriate content. If Edutopia chooses, at its sole discretion, to monitor the Forums, Edutopia nonetheless assumes no responsibility for the content on the Forum, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content. In submitting Your Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
Your content that is posted on a Forum may be used by Edutopia and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as Edutopia sees fit.
5. EDUTOPIA TRADEMARKS AND LEGAL NOTICES
Edutopia trademarks, logos, images, service marks, trade names, and other distinctive branding features used on Edutopia Technologies or in Edutopia Resources (collectively, the “Edutopia Marks”) are the trademarks of Edutopia and may not be used without permission. Edutopia is not granting you a license under any intellectual property right to the Edutopia Marks. Other trademarks, logos, and trade names that may appear on Edutopia Technologies or in Edutopia Resources are the property of their respective owners. You may not remove any Edutopia Mark in any part of Edutopia Technologies or Edutopia Resources.
6. EDUTOPIA OWNERSHIP RIGHTS
Edutopia Technologies and Edutopia Resources are protected by United States copyright and trademark law, international conventions, and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material, or any other materials, including downloadable material, contained in Edutopia Technologies or Edutopia Resources (collectively, the “Materials”) are the copyrighted property of Edutopia or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by Edutopia for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to Edutopia or its affiliates and/or third-party licensors. Nothing contained in these Terms shall be construed as conferring any license or right to use any trademark, design right, or copyright of Edutopia, George Lucas, or any other third party.
As between you and Edutopia, Edutopia owns all right (including all intellectual property rights) to, title to, and interest in Edutopia Technologies and Edutopia Resources. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to Edutopia. You agree to abide by all copyright notices, information, or restrictions contained in any part of Edutopia Technologies or Edutopia Resources.
7. THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES
Content from other users, including information about third-party products and services and any third-party applications (“Third-Party Content”), is made available to you through Edutopia Technologies. The inclusion of Third-Party Content on Edutopia Technologies does not imply our affiliation or endorsement of such Third-Party Content. Because we do not control Third-Party Content, we are not responsible for any such Third-Party Content, including the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. Any such Third-Party Content is the sole responsibility of the person from which such Third-Party Content originated, and Edutopia has no obligation to monitor such Third-Party Content. Notwithstanding the foregoing, Edutopia or its designees reserve the right, but shall have no obligation, to prescreen; filter; remove; or refuse to accept, post, display, or transmit any Third-Party Content in whole or part with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third-Party Content is appropriate or acceptable to you, and you use Edutopia Technologies at your own risk.
Additionally, Edutopia or third parties may provide hyperlinks on Edutopia Technologies or any other form of link or redirection of your connection to other sites (“Third-Party Sites”). These Third-Party Sites are in no way integrated into Edutopia Technologies, and the inclusion of any link on Edutopia Technologies does not imply Edutopia’s affiliation or endorsement of such Third-Party Sites, their business practices (including their privacy policies), or any information therein. Edutopia expressly disclaims responsibility for the accuracy, quality, legality, nature, availability, or reliability of Third-Party Sites linked to, by, or through Edutopia Technologies. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK.
8. ACCEPTABLE USE AND CONDUCT
You represent and warrant to Edutopia that (a) you will comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of Edutopia Technologies and Edutopia Resources; (b) you have the right to grant to Edutopia the rights granted herein, and you own or have all necessary rights to, title to, and interest in Your Content; (c) Your Content does not and will not (i) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer-programming routines that may potentially damage, harm, or otherwise interfere with Edutopia Technologies or access to Edutopia Resources. You are solely responsible for your conduct and Your Content on Edutopia Technologies. We want to keep Edutopia Technologies safe and fun for everyone, and the use of Edutopia Technologies or Edutopia Resources for unlawful or harmful activities is not allowed. You specifically agree that you will not post, email, or make available any content (including submission of any Messages to Forums or any of Your Content) to users or use Edutopia Technologies
- in a manner that infringes, violates, or misappropriates Edutopia’s or any third party’s copyright, trademark, trade secret, or other intellectual or property rights, contractual rights, or rights of publicity or privacy;
- to reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential;
- in a manner that contains software viruses, scripts, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in illegal activities or any advertising, commercial, marketing, or promotional activities that are intended to solicit users (whether on or off Edutopia Technologies) to buy or sell services or to make donations or to link to, directly or indirectly, any sites that violate these Terms or any applicable laws, regulations;
- in a manner that is misleading, deceptive, fraudulent, or otherwise illegal or that promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that constitutes (or encourages conduct that would constitute) a criminal offense; gives rise to civil liability or otherwise violates any local, state, national, or international law; or may create liability for Edutopia or cause Edutopia to lose (in whole or in part) the services of our ISPs or other suppliers;
- in a manner that is libelous or defamatory or in a way that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity or invasive of another’s privacy or publicity rights;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age or is otherwise objectionable, as reasonably determined by Edutopia;
- to misrepresent your affiliation with any person or entity or to obtain access to Edutopia Technologies without authorization;
- to interfere or attempt to interfere with the proper working of Edutopia Technologies or prevent others from using Edutopia Technologies or accessing Edutopia Resources or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to Edutopia Technologies or that otherwise negatively affects other persons’ ability to use Edutopia Technologies or access Edutopia Resources;
- to obtain or attempt to obtain any Materials or information through any means not intentionally made available through Edutopia Technologies;
- to use any manual or automated means, including agents, robots, scripts, spiders, or web-scraping tools, to monitor or copy Edutopia Technologies or Edutopia Resources;
- to use high-volume automated website crawlers to cause excessive server load or denial of service;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Edutopia Resources transmitted through Edutopia Technologies or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products, or commercial interests.
You acknowledge that Edutopia may terminate your account and remove your account information, as well as disable your access to Edutopia Technologies, for violation of this section or these Terms and any other reason as Edutopia may deem reasonably necessary.
9. COPYRIGHT INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any Edutopia Resource infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.
Counternotification. If we remove or disable access to such Edutopia Resource in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide us with a counternotification by written communication to our Designated Copyright Agent (as listed below) that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counternotifications of claimed infringement can be reached as follows:
DMCA Complaints/Executive Director
PO Box 3494
San Rafael, CA 94912-3494
Fax: (415) 662-1532
Email: DMCACOMPLAINTS at EDUTOPIA (dot) ORG
For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
10. YOUR ACCOUNT
We may ask you to register and create an account in order to access, interact with, or otherwise use certain Edutopia Technologies or access Edutopia Resources. You are responsible for keeping your Edutopia account information secure. You agree to provide Edutopia with current, complete, and accurate information for the duration of your Edutopia account. Edutopia accounts are nontransferable. You will be solely responsible and liable for any activity that occurs within your Edutopia account. Edutopia reserves the right to log off or deactivate accounts for extended inactivity, any violation of these Terms, or any other reason at any time at the sole discretion of Edutopia. You may deactivate your Edutopia account and end your use of Edutopia Technologies at any time by sending an email to INFO at EDUTOPIA (dot) ORG requesting deactivation of your account.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF EDUTOPIA TECHNOLOGIES AND EDUTOPIA RESOURCES (INCLUDING THIRD-PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. EDUTOPIA TECHNOLOGIES AND ALL EDUTOPIA RESOURCES (INCLUDING THIRD-PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EDUTOPIA AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. EDUTOPIA AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS DISCLAIM ANY WARRANTY THAT EDUTOPIA TECHNOLOGIES OR EDUTOPIA RESOURCES (INCLUDING THIRD-PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT EDUTOPIA TECHNOLOGIES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EDUTOPIA TECHNOLOGIES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify, defend, protect, and hold harmless Edutopia, and its successors, subsidiaries, affiliates, cobranders, contractors, employees, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to
your use or misuse of, or connection to, Edutopia Technologies or Edutopia Resources;
your breach or alleged breach of these Terms;
your violation of any rights (including intellectual property rights) of a third party; and
Edutopia 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 Edutopia. Edutopia will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. YOUR INTERACTIONS WITH OTHER USERS
Your interactions with other users and third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other user or third party. As with any Web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any user or third party, Edutopia is under no obligation to become involved.
You release Edutopia, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
14. LIMITATION OF LIABILITY
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EDUTOPIA OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EDUTOPIA OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE THE MATERIALS, INCLUDING ANY OF THE EDUTOPIA CODE, THROUGH EDUTOPIA TECHNOLOGIES OR ANY OTHER INTERACTIONS WITH EDUTOPIA OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE EDUTOPIA TECHNOLOGIES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF ONE HUNDRED DOLLARS (US$100).
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN EDUTOPIA AND RECEIVED BY YOU THROUGH EDUTOPIA TECHNOLOGIES OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
15. CHANGES TO THE EDUTOPIA TECHNOLOGIES
Edutopia reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of Edutopia Technologies or any part thereof, including adding new features to Edutopia Technologies, with or without notice. Edutopia will not be liable to you or to any third party for any modification, suspension, or discontinuance of any portion of Edutopia Technologies or any of Edutopia Technologies as a whole.
16. BETA PROGRAMS
On occasion, Edutopia may choose certain users to test, review, examine, assess, and use certain Edutopia Technologies through a Beta program (“Beta”). You may be required to register for an account or otherwise submit certain personal information in order for Edutopia to identify you, properly determine your eligibility to participate in a Beta, and contact you upon selection for a Beta. Edutopia will select qualified Beta users in its sole discretion. Selection for a Beta program in no way creates an employment relationship between Edutopia and the Beta user and does not entitle the Beta user to any benefits or compensation.
If you participate in a Beta, you must not disclose any information in any form regarding any part of the Beta unless expressly permitted in writing. You may not share, post, blog, send, email, record, summarize, excerpt, or otherwise disclose any part of any Beta, including the sale, resale, copying, or distribution of any access codes or keys to participate in any Beta. Edutopia may collect any and all information submitted as part of the Beta, including, but not limited to, certain personal information, user data, and game-play data. You agree to allow Edutopia to contact you regarding your participation in the Beta and seek your participation in user-group studies and other participatory surveys.
18. TERM AND TERMINATION
Term. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein.
Termination. Edutopia has the right to delete, disable, or deactivate your account (or any part thereof); block your email or IP address or otherwise terminate your access to or use of Edutopia Technologies; and remove and discard all or any part of your account or any Submissions, with or without notice, and with no liability of any kind to you or any third party.
You may delete your Edutopia account and end your use of Edutopia Technologies at any time by sending an email to WEBMASTER at EDUTOPIA (dot) ORG requesting deletion of your account.
Effects of Terminating. Upon deleting or terminating your account, these Terms terminate and you will no longer have a right to access your account or any Edutopia Resources.
Survival. The following Sections will survive termination of these Terms for any reason: Sections 1, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, and 21.
19. INJUNCTIVE RELIEF, GOVERNING LAW, VENUE
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Edutopia shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Edutopia from pursuing any and all remedies available to it, including the recovery of money damages from you.
These Terms shall be governed by and construed in accordance with California governing law and applicable provisions of U.S. federal law without regard to conflict of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms or any transactions hereunder.
You agree to submit to the personal and exclusive jurisdiction of the federal courts of the Northern District of California for the purpose of litigating all such claims or disputes.
The failure of Edutopia to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not delegate or transfer your duties and obligations under these Terms or assign these Terms or your Edutopia account, in whole or in part, to anyone. Edutopia may assign any of its rights and obligations under these Terms without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.
The terms including and includes shall be deemed to be followed by the statement “without limitation,” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Edutopia may provide you with notices, including those regarding changes to these Terms or any of Edutopia’s terms and conditions, by email, regular mail, or postings on Edutopia Technologies. Notices not pertaining to any amendments to these Terms or any Guidelines (such as notices relating to technical changes to Edutopia Technologies) are deemed given two (2) days following the initial posting.