Effective as of August 1, 2008 (last updated September 21, 2012)
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-12 Platform. 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-12 Platform by such minor is governed by and subject to the TOU.
1. CERTAIN DEFINITIONS
“Biography” or “Bio” means any and all background and biographical information voluntarily disclosed by a Member (as defined below) when creating his/her Profile (as defined below), such as information about the Member’s occupation, professional experience, education, institution/school affiliations, and interests, but excluding the Member’s Private Information (as defined below). To the extent a Member voluntarily discloses his/her likeness in the form of a photo, image or picture, such photo, image or picture will be deemed part of the Member’s Bio. A Member’s Bio is considered “public,” meaning that it will be viewable and accessible by others on the CK-12 Platform.
“CK-12 Content” means CK-12 Curriculum Material (as defined below) and all other original content published by CK-12 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 curriculum material, course material, textbook, teaching guide, study guide, test and practice materials, and other like material published by CK-12 on the CK-12 Platform.
“Curriculum Contribution” means any Member-made addition, revision, correction, rework or improvement to CK-12 Curriculum Material.
“Password”means a string of characters chosen by a Member when creating his/her membership account on the CK-12 Platform for future verifications in combination with their Username.
“Private Information” means certain personally identifiable information disclosed by a Member, including first and last name, telephone number, email address, mailing address, birth date, and Password.
“Profile” means a Member’s online profile maintained by CK-12 on the CK-12 Platform, which comprises the Member’s Private Information, Biography, Username (as defined below) and Password.
“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-12 Platform, including the FlexBook Platform®.
“Username” means the login name chosen by a Member when creating his/her membership account on the CK-12 Platform, which is also the screen name of the Member. A Member’s Username is considered “public,” meaning that it will be visible to others on the CK-12 Platform.
“User” means any person using the CK-12 Platform.
“User Posting” means any content, material, information, data, message or communication originated by a User for viewing, access or receipt by others on the CK-12 Platform. In the case of a Member, “User Posting” is deemed to include such Member’s Curriculum Contributions, as well as any Profile information that such Member chooses to publish, have published, or otherwise share with others on the CK-12 Platform.
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 changes to the TOU, we will announce and post such changes on the CK-12 Platform for the general public. If you are a Member, we may also notify you of the 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 with respect to all your subsequent uses of the CK-12 Platform and CK-12 Content.
3. CHILDREN AND MINORS
By using the CK-12 Platform, (1) you represent and warrant that you are at least 18 years of age, or an emancipated minor, and are fully able and competent to understand, assent to, and abide by the TOU; or (2) if you are under 18 years of age and not an emancipated minor, you represent and warrant that you are using the CK-12 Platform with the supervision and consent of your parent or legal guardian who is at least 18 years of age, or an emancipated minor, and who is fully able and competent to understand, assent to, and abide by the TOU. Minors who use the CK-12 Platform are assumed to have parental or guardian supervision and consent.
In addition, CK-12 expects all Members who make Curriculum Contributions to be legal adults for the purpose of upholding licenses and TOU terms applicable to their contributions. If you are a minor and wish to make a Curriculum Contribution on the CK-12 Platform, we may ask your parent or guardian to confirm that the submission was your original work and was made with the supervision and consent of your parent or guardian.
The CK-12 Platform is NOT directed to children under the age of 13. Accordingly, children under the age of 13 will not be permitted to register or make any User Posting on the CK-12 Platform. If we discover that any registration or User Posting is made by an underage child, such registration or User Posting will be immediately and permanently canceled and removed from the CK-12 Platform with or without notice.
4. RESERVATION OF RIGHTS BY CK-12
Your use of the CK-12 Platform and CK-12 Content is a privilege, and NOT a right. 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 subject CK-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 and all of your Profile information (including your Private Information) 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
5. 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) by voluntarily providing your Bio, you grant CK-12 express permission to publish your Bio on the CK-12 Platform;
(5) for any Private 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
(6) 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 (including CK-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 any CK-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 contact
7. INTELLECTUAL PROPERTY
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 in CK-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.
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.
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/or CK-12′s source, identification and/or attribution information (collectively “CK-12 Legal Notices”), you must keep intact all such CK-12 Legal Notices, and may not remove, alter, destroy, conceal or otherwise temper or interfere with the same.
4. License for CK-12 Content.
Except as otherwise noted, all CK-12 Content (including CK-12 Curriculum Material) is made available to Users in accordance with the Creative Commons Attribution/Non-Commercial/Share Alike 3.0 Unported (CC-by-NC-SA) License (http://creativecommons.org/
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 the CK-12 Platform for any reason will automatically result in termination of such limited license.
(a) Curriculum Contributions. The FlexBook Platform® on the CK-12 Platform allows Members (and only Members) to make, publish, share and store their Curriculum Contributions on the CK-12 Platform, as well as the ability to view, access, and further adapt and build upon Curriculum Contributions of other Members. To the extent any Curriculum Contribution by you, or any portion thereof, is independently protectible by copyright, you retain full copyright ownership with respect thereto (excluding and subject to CK-12′s copyright in the preexisting CK-12 Curriculum Material), PROVIDED that:
(i) you hereby expressly and irrevocably license all your Curriculum Contributions to CK-12 and other Members under the terms of the CC License or under terms that are compatible with those of the CC License; and
(ii) without limitation to (i), you expressly grant to CK-12 the perpetual right to publish, share, store and archive all your Curriculum Contributions on the CK-12 Platform and/or otherwise in CK-12′s database (which right will continue even after your membership with the CK-12 Platform is terminated).
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.
8. PROFILE AND SECURITY
All User Postings made by a Member will automatically be linked to that Member’s Bio and Username. This means that whenever you make a User Posting (including a Curriculum Contribution) on the CK-12 Platform, your Bio and Username will be visible to others in connection with that posting.
Subject to the reservation of rights set forth in Section 4 above, CK-12 does not publish or share with others a Member’s Private Information. However, you acknowledge and agree that, for any Private 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 you do so solely and entirely at your own risk. 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.
CK-12 will use reasonable efforts to safeguard your Private Information in CK-12′s possession or control against unauthorized access and disclosure. However, you understand and acknowledge that no data transmission over the Internet and no data storage can be 100% secure. Consequently, CK-12 does not warrant or guarantee the security of any information you transmit to, from or on the CK-12 Platform. We will notify you in the event we become aware of a breach or suspected breach of the security of your Private Information stored by us. It is also your responsibility to safeguard your Private Information. Please be sure to log off from your account and close your browser at the end of each session. Special caution should be exercised when accessing your account from a public or shared computer. You agree to promptly notify CK-12 upon knowledge of any unauthorized access or disclosure of your Private Information or of any breach of security involving your account.
9. 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-12 Platform 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.
10. 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 Tthird-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.
11. 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-12 PLATFORM, 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.
13. 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.
14. 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-12 AND 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.
16. CONTACT US
If you have any questions regarding the TOU, please contact us at:
3430 W. Bayshore Rd., Suite 101
Palo Alto, CA 94303