STEM For Kids Website Services Agreement

Acceptance of terms

The Website Services (as defined in the next section) that STEM For Kids provides to you on this website (“Website”) are subject to the following Terms of Use (“TOU”). STEM For Kids reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located on the Website pages.

Description of website services

Throughout this Website, STEM For Kids provides you with access to a variety of resources, which may include upload and download areas, informational inputs and reports, communication forum, limited territory and user administration, local territory websites, and curriculum services (collectively “Website Services”). The Website Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these TOU.

The Website Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

STEM For Kids’ direct competitors are prohibited from accessing the Website Services, except with STEM For Kids’ prior written consent.

The Usage of STEM For Kids’ Curriculum is governed by the agreement under which you purchase such services (“Curriculum Agreement”). If you do not have a STEM For Kids Curriculum Agreement, these TOU will apply to the limited curriculum services you can use without a Curriculum Agreement.

Privacy and protection of personal information

See the STEM For Kids Privacy Statement disclosures relating to the collection and use of your information.

Curriculum available on this website

Any curriculum content (including but not limited to lessons, delivery plan, activity details, materials list, videos, pictures) that is made available to you from the Website Services (“Curriculum”) is the copyrighted work of STEM For Kids and/or its affiliates and/or its suppliers.

Use of the Curriculum is governed by a Curriculum Agreement, if any, and/or these TOU (collectively, “Terms of Curriculum Usage”). An end user will not be authorized to use any Curriculum, unless he or she first agrees to the Terms of Curriculum Usage. Any reproduction or redistribution of the Curriculum not in accordance with the Terms of Curriculum Usage is expressly prohibited.

Any use of Curriculum outside of the scope of the Terms of Curriculum Usage is strictly prohibited.

The Curriculum is made available solely for use by end users for their own personal, non-commercial, educational purposes.  Login Credentials (username and password) may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.

You may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Curriculum in any form, format or media or by means of any technology without obtaining the prior written authorization of STEM For Kids and any other owner of the Intellectual Property Rights in such Curriculum.

• You may not reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Curriculum to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in or with “course packets” or with locations or classes or students which are not included as part of the Curriculum Agreement.
• You may not post any Curriculum material nor answers to any homework or test questions provided by the Website Services to newsgroups, mail lists, electronic bulletin boards, homework sites, content aggregators, file storage services or any other on-line destination.
• You may not reproduce any illustrations, charts, photographs, outlines, extensive text excerpts, chapters, or e-books included in the Curriculum for any use outside of the class with which the Website Services is being used.

STEM For Kids may have patents, patent applications, trademarks, copyrights, trade secrets, or other intellectual property rights covering subject matter in the Curriculum (“Intellectual Property Rights”). By providing the Curriculum to you, STEM For Kids does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless STEM For Kids does so expressly in writing. You expressly acknowledge and agree that (a) all right, title and interest in and to these Curriculum and Intellectual Property Rights belong solely and exclusively to STEM For Kids or its licensors; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later.

Some materials available as part of the Website Services are made available to you by third parties. STEM For Kids does not grant you any additional rights (express or implied) for such third-party Materials.

STEM For Kids does not claim ownership of any materials you provide to STEM For Kids (including feedback and suggestions) or post, upload, input, or submit to any Website Services for review by the general public, or by the members of any public or private community (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting STEM For Kids, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all STEM For Kids services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and to sublicense such rights to any supplier of the Website Services.

Liability disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STEM FOR KIDS AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, AND CONTRACTORS  (collectively “STEM For Kids Related Parties”) SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE SERVICES, OR ANY INFORMATION AVAILABLE FROM THE WEBSITE SERVICES. THE AGGREGATE LIABILITY OF STEM FOR KIDS ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $1.00 USD.

STEM FOR KIDS AND STEM For Kids Related Parties MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS AND RELATED GRAPHICS, AND THE WEBSITE SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. STEM FOR KIDS  AND STEM For Kids Related Parties HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STEM FOR KIDS  AND STEM For Kids Related Parties MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE SERVICES AND/OR THE MATERIALS DESCRIBED HEREIN AT ANY TIME.

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless STEM For Kids and/or STEM For Kids Related Parties from and against any and all claims, charges, demands, damages,  losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim), incurred or suffered by STEM For Kids and/or STEM For Kids Related Parties, directly or indirectly, by reason of any act or omission which you or any of your agents, contractors, employees or representatives commit in breach of this TOU or in violation of any third-party rights or any laws or regulations that may apply to your use of the Website Services or any Website content.

Member account password and security

If any of the Website Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and any other non-public account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify STEM For Kids immediately of any unauthorized use of your account or any other breach of security. STEM For Kids will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge. However, you could be held liable for losses incurred by STEM For Kids or another party due to someone else using your user name, password, or account. You may not use anyone else’s account at any time without the permission of the account holder.

No unlawful or prohibited use

As a condition of your use of the Website Services, you will not use the Website Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Website Services in any manner that could damage, disable, overburden, or impair any STEM For Kids server, or any networks connected to any STEM For Kids server, or that could interfere with any other party’s use and enjoyment of any Website Services. You may not attempt to gain unauthorized access to any Website Services, other accounts, computer systems, or networks connected to any STEM For Kids server or to any of the Website Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website Services.

Use of communication services

The Website Services may contain message or communication facilities designed to enable you to communicate or share materials or solutions with others (each a “Communication Service” and collectively the “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Service. If you choose to share materials or solutions with others using a Communication Service, you agree that you are giving a license to all users of the Communication Service, including the rights to use, modify, and repost such materials or solutions, and you are allowing STEM For Kids to make them available to such users in a manner and location of its choosing. In using the Communication Services, you may not:

• Use the Communication Services in connection with surveys or contests (except and to the extent offered by STEM For Kids, our partners, or our customers through this Website), pyramid schemes, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information;
• Upload, or otherwise make available, files that contain images, photographs, information, or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
• Use any material or information, including images or photographs, which are made available through the Website Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar Curriculum or programs that may damage the operation of another’s computer or property;
• Advertise or offer to sell or buy any goods or services for any business purpose, unless a Communications Service specifically allows such messages;
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner;
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of Curriculum or other material contained in a file that is uploaded;
• Restrict or inhibit any other user from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including e-mail addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others; or
• Use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Website Services or other user or usage information or any portion thereof.

STEM For Kids has no obligation to monitor the Communication Services. However, STEM For Kids reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. STEM For Kids reserves the right to terminate your access to any Communication Service at any time, without notice, for any reason whatsoever.

STEM For Kids reserves the right at all times to disclose any information to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in STEM For Kids’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. STEM For Kids does not control or endorse the content, messages, or information found in any Communication Services and, therefore, STEM For Kids specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized STEM For Kids spokespersons, and their views do not necessarily reflect those of STEM For Kids.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you download such materials.

Feedback

If you provide feedback to STEM For Kids, you give STEM For Kids an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a STEM For Kids Curriculum or service at no charge. You will not give feedback that is subject to a license or other obligation that requires STEM For Kids to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive these terms.

No compensation will be paid with respect to the use of your Submission, as provided herein. STEM For Kids is under no obligation to post or use any Submission you may provide, and STEM For Kids may remove any Submission at any time in its sole discretion.

By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.

In addition to the warranty and representation set forth above, by posting a Submission that contain images, photographs, pictures, or content that is otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use the Images or any content contained in the Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Website Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example and not as a limitation, the distribution, public display, and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Website Services, other than a private community), permission to use such Image in connection with the use, as permitted by these TOU, of any of the Website Services; a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such Image without attribution, and the right to sublicense such rights to any supplier of the Website Services. The licenses granted in the preceding sentences for an Image will terminate at the time you completely remove such Image from the Website Services, provided that such termination shall not affect any licenses granted in connection with the Image prior to your complete removal of the same. No compensation will be paid with respect to the use of any such Images.

Links to third-party sites

The Website Services may contain links to third party websites that are external to the Website. These websites are not under STEM For Kids’ control. STEM For Kids makes no effort to review the content of these websites, including the validity, legality, copyright compliance, or decency of such content, and is not responsible for the content of these websites. If STEM For Kids has included these links in the Website to third-party websites, such links are provided for convenience only. STEM For Kids does not endorse or make any representation, guarantee, or assurance regarding any third-party website, service, or product. Any third-party product or service that you acquire, and any exchange of data between you and such third-party provider, is solely between you and the third party. Third party websites may be subject to the third-party’s terms, conditions, and privacy statements. STEM For Kids may disable links to any third-party website that you or others post on the Website.

Unsolicited idea submission policy

Neither STEM For Kids nor any of its employees accept or consider unsolicited ideas, including ideas for new curriculum, lesson plans, promotions, products or technologies, processes, materials, marketing plans or product names. Please do not send any artwork, samples, demos, or other unsolicited ideas to STEM For Kids or anyone at STEM For Kids. The sole purpose of this policy is to avoid potential misunderstandings or disputes when STEM For Kids’s products or marketing strategies might seem similar to ideas submitted to STEM For Kids. If, despite our request that you not send us your ideas or materials, you still send them, please understand that STEM For Kids makes no assurances that your ideas or materials will be treated as confidential or proprietary.

Intellectual property rights

STEM For Kids or its affiliates or its suppliers retain all right, title, and interest in and to the Website and the Website Services, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. STEM For Kids reserves all rights not expressly granted. These TOU do not grant or imply any rights to any STEM For Kids or supplier trademarks, trade names, or logos. No logo, graphic, sound, or image from any STEM For Kids Website may be copied or retransmitted unless expressly permitted by STEM For Kids.

Any rights not expressly granted herein are reserved.

Last update date: January 29, 2020.