KNEWTON TERMS OF SERVICE
Last Updated: November 14, 2014
Knewton, Inc. (“Knewton,” “we,” or “us”) provides, through this Web site (the “Site”) and through our online adaptive learning platform, the ability to use certain functionalities of the Site and our learning services (collectively, the “Services”). The following terms of service (these “terms”) apply to all of our Services. Please read them carefully. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Also, we understand that website terms can be hard to digest because of the legalese, so we have provided a non-legalese summary on the right side of our terms as well. This plain English summary is intended to provide transparency, but is not a substitute for our actual terms.
1. AGREEING TO THESE TERMS
by using Knewton (or allowing your child or student to use Knewton) you agree to all the terms below. If you are under 18, please check with your parent or teacher before using Knewton.
- If you have the legal capacity to form a binding contract, then you must agree to these terms before using the Services.
- If you do not have the legal capacity to form a binding contract, you may use the Services only if (a) your parent or guardian has agreed to these terms for you or (b) you are a student and are being provided Services in connection with your school activities and, to the extent permitted under applicable law, an instructor or other authorized personnel of your school or other institution (collectively, “Educators”) has agreed to these terms for you on the school’s behalf.
- By agreeing to these terms, you represent that you have the authority and legal capacity to do so. If you are agreeing to these terms as a parent or guardian on behalf of a user because they are a Minor, then you will be responsible for that Minor’s use of the Services and other obligations and commitments under these terms. If you are agreeing to these terms as an Educator on behalf of your students who are Minors, then you represent that you are agreeing to these terms on your school’s behalf and that your school will be responsible for its student’s use of the Services and other obligations and commitments under these terms. In these terms, we use the term “you” and “your” to refer to both the individual agreeing to these terms and any user for whom that individual has agreed to these terms as a parent, guardian or Educator of such user, as applicable.
2. OUR TECHNOLOGY
we have really cool technology that personalizes anyone's learning.
Our technology allows us to personalize online education for our users. When it is integrated with online learning materials, our technology causes the presentation and focus of the course materials to adapt based on the user’s needs and how they learn best, and also provides analytic reporting to help track the user’s progress. This technology is key to most of our Service offerings.
3. OUR SERVICES
we offer two main services. You can access our “enterprise service” through our partners’ products. You can access our “consumer service” directly through our website. Our terms of service vary depending on which service you are using.
We currently provide the following Services online:
- Enterprise Service. We have integrated our technology with online learning materials that are provided by schools, publishers and other third parties (“Enterprise Partners”). The “Enterprise Service” refers to the adaptive learning Services that we provide to users of those course materials. For users of the Enterprise Service, the “Additional Terms for Enterprise Service” listed below will apply as well as the “General Terms” listed below.
- Consumer Service. The “Consumer Service” refers to the Services that we provide through this Site. As of October 2014, the Knewton Consumer Service is in beta phase located at beta.knewton.com and all features are not yet available for general use. The Consumer Service (1) allows each user to create adaptively powered learning experiences using our technology with content that a user supplies or is provided from Knewton’s content library (the “Content Library”) available at beta.knewton.com and (2) allows each user to access those adaptively powered learning experiences and the other services we make available as part of the Consumer Service. For users of the Consumer Service, the “Additional Terms for Consumer Service” listed below will apply as well as the “General Terms” listed below.
The following general terms and conditions (“General Terms”) apply to all of our Services:
4. PROFILES; USAGE DATA; ANONYMIZED DATA
as you use educational materials powered by our technology, we’ll build a personal learning profile based on the work you do.
We may use anonymized usage data for other purposes, like improving our technology.
5. KNEWTON ACCOUNTS
to receive the full benefit of our technology — for example, if you want us to be able to know who you are as you use different Knewton-powered products — you’ll need to create a free account with us. If you’re under 13, you’ll need your parent to create an account for you.
We’ll act responsibly with your account information. You should too.
You need to have a user account with Knewton (a “Knewton Account”) in order to receive the full benefit of our Services. If you do not have a Knewton Account, we may not be able to apply your Learning Profile when you take an online learning course that is powered by our adaptive learning technology. To the extent you create a Knewton Account:
- There is no charge to create a Knewton Account with us.
- A parent, guardian or Educator (to the extent permitted under applicable law) must consent to the creation of a Knewton Account for any user who is under 18 but at least 13 years old.
- If you are under 13 years old (a “Child User”), you may not register for a user account without consent and approval of your parent, guardian or Educator (to the extent permitted under applicable law). If you are the parent, guardian or Educator of a child that seeks to register as a Child User, you may register for a Knewton Account and create, register, manage and approve a sub-account (a “Child Account”) for such Child User under your Knewton Account.
- If you register, approve the registration of, or otherwise assume responsibility for any Minor, you represent and warrant that you are at least 18 years old and are such Minor’s legal parent or guardian or if you are an Educator, are authorized to do so under applicable law.
- When you create a Knewton Account or Child Account, you will select a user name and password for the accounts. You (i) are responsible for protecting the confidentiality of the user name and password for your user account(s), and for all activities that occur under your user account(s), (ii) shall not permit others to use your account(s) and (iii) shall not use other’s accounts. You must immediately notify us (by email to firstname.lastname@example.org) upon becoming aware of any loss, compromise or unauthorized use of your user name or password or any other breach of security relating to your user account(s).
6. CHANGES TO SERVICES
things might happen. If they do, we may need to change or stop offering our services. If this happens, we’re not liable.
We may change, suspend, discontinue and/or impose usage limitations on the Services at any time, for any or no reason, and with or without notice. We will not have any liability to you or any other user in any such event.
7. USER CONDUCT
please act responsibly. Don’t use Knewton for illegal or harmful purposes. If you interact with someone through our services, keep in mind you do so at your own risk.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by Knewton. By way of example, and not as a limitation, each user agrees not to use the Services in any manner that could: (i) damage, impair, disable or overburden the Services, (ii) in any way interfere with our rights or with any other user’s use and enjoyment of the Services, (iii) be for any illegal purpose, or in violation of any local, state, national, or international law, or (iv) otherwise infringe on any person’s rights. Knewton may restrict, suspend or terminate your account if you abuse or misuse the Services. To the extent interactions with other users of the Services is permitted, you are solely responsible for your interactions with other users of the Services. We are not responsible for any damage or harm resulting from interactions between or among users of the Services. We reserve the right, but have no obligation, to monitor interactions between or among users of the Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of the Services may consider obscene, violent, harassing or otherwise objectionable.
8. KNEWTON PROPRIETARY MATERIALS
please respect our intellectual property.
The Site (including the Content Library), our software and technology and any other items made available through the Services (collectively, “Knewton Proprietary Materials”) are the intellectual property of Knewton or its licensors. Except as may be expressly permitted elsewhere in these terms, neither you nor any other user may copy, distribute, rent, loan, lease, sublicense, modify, translate, otherwise prepare derivative works of, reverse engineer, decompile, disassemble or remove any proprietary notices, labels, or marks from any of the Knewton Proprietary Materials.
9. RIGHT TO USE AND ACCESS
if you agree to these terms, we’ll let you access Knewton for your personal use.
Knewton grants you a revocable, non-exclusive, non-transferable right to access and use those portions of the Services that Knewton makes available to you through a generally available web browser, mobile device or Knewton authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Knewton), solely for personal, noncommercial, noncompetitive use, in accordance with these terms (including, as applicable, the Additional Terms) unless any additional use is expressly permitted by Knewton in writing. You may not transfer the foregoing rights, and any attempt to do so shall cause such rights to automatically terminate.
10. SPECIAL TERMS FOR EDUCATORS
if you’re an educator, we may give you additional access to your students’ data. You should keep this information private and use it only for school purposes.
The terms in this section are only applicable to users who are Educators that are accessing the Services in connection with the Services being provided to students at such Educator’s institution. You hereby acknowledge that you may have access to additional content and portions of our website that are not otherwise accessible to student users, which may include information about individual student users. You agree that you will access and use such information and the Services solely to the extent necessary for you to perform your services as an Educator at your institution and will not disclose such information except in connection with the foregoing or as otherwise permitted herein, or as permitted in a separate agreement between Knewton and your institution.
Knewton is provided as-is and we do not make any guarantees. Essentially, our liability to you is limited, and may vary depending on the laws of your country.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. THE SERVICES (INCLUDING THE CONTENT LIBRARY) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, KNEWTON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL WITH REGARDS TO YOUR USE OF THE SERVICES (INCLUDING THE CONTENT LIBRARY). ANY USE OF THE SERVICES (INCLUDING THE CONTENT LIBRARY) IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, KNEWTON DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT, SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SERVICES WILL MEET YOUR OR ANY USER’S EXPECTATIONS, OR (v) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
12. LIMITATION OF LIABILITY
again and subject to the laws of your country, our liability to you is limited. We are only liable to you for direct damages that you might suffer by using Knewton, and then only for the most recent month’s fees (if any) that you paid to us.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. KNEWTON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KNEWTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED TO THESE TERMS AND/OR THE SERVICES. IN NO EVENT WILL KNEWTON’S AGGREGATE, CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND/OR THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICES (IF ANY) DURING THE ONE (1) MONTH PRECEDING THE DATE ON WHICH A CLAIM FIRST ARISES. To the extent that any of the exclusions or limitations of liability set forth in this Section are not permitted under applicable law, then such exclusions and limitations shall apply to the fullest extent permitted under applicable law.
if you violate these terms or do other harmful stuff and a third party comes after us because of it, you agree to compensate us for any losses.
You agree to indemnify, defend and hold harmless Knewton, its officers, directors, employees, agents, service providers, Enterprise Partners, vendors and customers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from (i) any claim that any User Content uploaded by you infringes the rights of any third party, including, without limitation, any intellectual property rights, (ii) any violation of these terms by you or (iii) any harm caused by you in connection with the use of the Services (including, for the avoidance of doubt, any competitive harm to use arising from any use of the Services by you).
14. CHANGES TO THESE TERMS; TERMINATION
we can change these terms. If we do, we’ll let you know by email or a notice on our website. By continuing to use Knewton, you agree to the changes.
We may also stop providing access to Knewton at any time. Similarly, you can stop using Knewton or close your account at any time.
We reserve the right to make changes to these terms by posting such changes on the Site or through the Services (or, where applicable, through the services of our Enterprise Partners) or notifying you directly using the contact information in your Knewton Account. Any such posted changes will be effective upon the date indicated by the posting, but in any event not sooner than 14 days after posting. You shall be responsible for reviewing and becoming familiar with any such changes. Your (or any other user for whom you are agreeing to these terms) continued use of the Services or viewing any User Content following notification of any changes to these terms shall constitute acceptance of the terms as modified. If you do not want to agree to such changes to these terms or are otherwise dissatisfied with the Services or these terms, you may terminate these terms at any time by deleting your Knewton Account and discontinuing use of the Services. Knewton may also terminate the account of any user and/or access to any and all parts of the Services as specified elsewhere in these terms. Upon termination of your Knewton Account, you will lose access to the Services. Any provision of these terms, which by its nature or express terms should survive, will survive any such termination or expiration.
we may contact you via email, regular mail or on our website. You can contact us via email here or by sending mail to our New York office.
Knewton may communicate any notices to users, including notices of changes to these terms, through e-mail, regular mail or by posting of those notices on the Site or through the Services. You may contact us here, or via mail or courier at: Knewton, Inc. ATTN: Legal Department 100 5th Ave., New York, NY 10011 USA.
16. GOVERNING LAW AND VENUE
in the unlikely event we end up in a legal dispute, it will take place in New York courts, applying New York law. You have one year from when a legal claim arises to file it in a court.
You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Knewton, either specific or general, in jurisdictions other than New York. These terms and the relationship between you and Knewton shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Services or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the State of New York are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the Services or these terms.
if we don’t enforce something right away, we can do it later. One invalid term in here will not void all the terms. You can’t assign your rights under these terms, but we can.
Any failure by Knewton to exercise any rights or enforce any of these terms shall not constitute a waiver of such rights or terms. If any provision of these terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these terms shall be null and void. These terms do not confer any third party beneficiary rights.
18. ADDITIONAL TERMS; ENTIRE AGREEMENT
we may present additional terms to you depending on which service you are using. If we do, those additional terms apply too.
Certain features of the Services may be subject to additional guidelines, terms or rules (“Additional Terms”), which will be posted on the Services in connection with such features and are hereby incorporated by reference into these terms. These terms (including any applicable Additional Terms) govern your use of the Services and constitutes the entire agreement between you and Knewton, and supersede any prior agreements between you and Knewton.
19. Additional Terms for Enterprise Service
The following terms and conditions only apply to you if you are a user of the Enterprise Service (such users referred to herein as “Enterprise Users”):
- Agreements With Enterprise Partners. The Enterprise Service is provided to Enterprise Users through integrations with the online course materials and online learning applications of our Enterprise Partners. The Knewton Proprietary Materials do not include any course materials or online learning applications provided by our Enterprise Partners; your use of any such course materials and online learning applications is subject to terms agreed to by you and the applicable Enterprise Partner. We are not responsible for any of the products or services of any Enterprise Partners.
if you use our enterprise service, note that we are not responsible for our partners’ products.
20. Additional Terms For Consumer Service
The following terms and conditions only apply if you are a user of the Consumer Service (such users referred to herein as “Consumer Users”):
- Submission of User Content. The Consumer Service enables Consumer Users to submit educational content (including, without limitation, any textual, graphic, audio or video content) for the Content Library and other postings in forums, message boards and other forms of public communication and interaction available as part of the Consumer Service (including, without limitation, note, questions, responses, reviews, images or other communications) (collectively, “User Content”). We have no obligation to accept any User Content from a Consumer User or anyone else. At any time, at our discretion and with or without notice, we may remove any item of User Content from the Content Library.
you can submit various types of content through our consumer service. We can decide not to allow it or remove it at any time.
- User Content Guidelines. You agree not to submit any User Content that:
please act reasonably and responsibly when you submit content. Don’t include advertisements or post infringing, defamatory, offensive, or pornographic materials. If you violate these guidelines, we may close your account.
Sometimes we’ll make exceptions to these guidelines for certain educational materials.
We are not a data storage service. If you want access to your content after you stop using Knewton, you should keep copies.
- infringes the copyright, trademark, or other intellectual property rights of any person;
- is defamatory;
- contains nudity or sexually explicit content, or is otherwise obscene;
- may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
- depicts or advocates the use of illicit drugs;
- makes use of offensive language or images;
- characterizes violence as acceptable, glamorous or desirable; or
- contains any advertisement for third party goods or services or provides a link to any other website, except where our content submission tools expressly allow for User Content to be embedded from a third party site, and then only as necessary to allow such User Content to be accessed through the Consumer Service.
- We may, in our sole and absolute discretion on a case-by-case basis, waive compliance with the guidelines listed above (for example, where User Content is a lesson about a literary work that in itself does not comply with the foregoing guidelines). We have the right to suspend, restrict or terminate your use of the Consumer Service and to refuse any future use of the Consumer Service (or any portion of the Consumer Service) if Knewton has reason to believe that you are responsible for User Content that we deem violates the foregoing guidelines. It is your responsibility to create a copy of all User Content submitted through your account prior to termination. Upon termination of a Knewton Account, Knewton may automatically remove all User Content posted to that account. We encourage Consumer Users to maintain a separate copy of their User Content uploaded or otherwise accessible by the Consumer Service since Knewton is not intended to be a data storage service.
We may, in our sole and absolute discretion on a case-by-case basis, waive compliance with the guidelines listed above (for example, where User Content is a lesson about a literary work that in itself does not comply with the foregoing guidelines). We have the right to suspend, restrict or terminate your use of the Consumer Service and to refuse any future use of the Consumer Service (or any portion of the Consumer Service) if Knewton has reason to believe that you are responsible for User Content that we deem violates the foregoing guidelines. It is your responsibility to create a copy of all User Content submitted through your account prior to termination. Upon termination of a Knewton Account, Knewton may automatically remove all User Content posted to that account. We encourage Consumer Users to maintain a separate copy of their User Content uploaded or otherwise accessible by the Consumer Service since Knewton is not intended to be a data storage service.
you’re responsible for any content you submit to our consumer service. We’ll try to review all content, but we’re not liable if we don’t.
We’re also not liable if you view educational content that contains incorrect information. Again, we try to review all content for accuracy, but we’re not liable if we don't.
Sometimes content within Knewton is linked to a third party website. That website may have its own terms of service, which you should read
- User Content License Grants. Please read this section carefully before posting, uploading, or otherwise submitting any User Content to the Site.
you can submit your educational content to our content library. You’re not transferring us ownership, so you must select a license you want to apply to it. You guarantee you have the authority to grant the license rights you select.
If you select a "Creative Commons license, you are granting us and other users an irrevocable right to use that content without compensation in accordance with the Creative Commons license terms.
If you select our Standard License Terms, you are granting us and other users a revocable right to use that content without compensation within our consumer service and as part of our business. This license will end if you remove your content. We are not liable if users copy your content and use it outside of Knewton.
For other types of user-generated content (such as comments or posts), you are granting us and other users an irrevocable right to use that content without compensation within our consumer service and as part of our business.
When you access someone else’s content within the consumer service, you can only use that content as permitted by its license. You are not allowed to download any content for use outside of Knewton unless the license says so.
- License Grant to Knewton for User Content. When you submit User Content for the Content Library, you must choose the license terms that apply to such User Content. For each item of User Content, you have the option of choosing from among various license types listed on the User Content submission page, which options will include the “Standard Terms” described below and one or more license types from the Creative Commons® license types. In each case you represent and warrant that: (i) you have sufficient rights to grant the license that you choose for a given item of User Content and (ii) no additional permissions, clearances or licenses are required with respect to any third party content, names and likenesses or other items that may be included in such item of User Content.
- Creative Commons License Terms. In cases where you choose any of the Creative Commons license types for a given item of User Content you submit or otherwise make available for the Content Library, you are irrevocably agreeing to make such User Content (and any adaptations of such User Content) available to us and other Consumer Users for the permitted uses under, and subject to the terms and restrictions, of such Creative Commons license. Please refer to the Creative Commons website at creativecommons.org for descriptions of the applicable license types. The foregoing license granted in User Content submitted for the Content Library pursuant to any of the Creative Commons license types terminates only as provided in the applicable Creative Commons license.
- Standard License Terms. In cases where you choose the “Standard License Terms” for a given item of User Content you submit or otherwise make available for the Content Library, you hereby grant (i) Knewton a revocable, non-exclusive, worldwide, paid-up, royalty-free, transferable and assignable license, with the right to grant sublicenses to Consumer Users, to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed, promote and otherwise fully exploit such User Content in any form, in all media now known or hereinafter created, for educational purposes in connection with the Consumer Service and Knewton's (and its successors' and affiliates') business and (ii) each other Consumer User a revocable, non-exclusive worldwide, paid-up, royalty-free, license to access use, reproduce, display, perform, adapt, modify and distribute such User Content as permitted through the functionality of the Consumer Service and under these terms. The Standard License Terms granted by you in User Content you submit for the Content Library will terminate within a commercially reasonable time after you remove or delete your User Content from the Content Library. You understand and agree, however, that it may not be possible to completely delete all User Content from our databases and that Knewton may retain (but not display, distribute, or perform) server copies of your User Content that have been removed or deleted from your account. The foregoing license granted in User Content submitted for the Content Library pursuant to the “Standard License Terms” terminates within a commercially reasonable time after it is removed or deleted from the Content Library.When you submit User Content other than submissions to the Content Library as part of your use of the Site (e.g. comments, responses, reviews, and other similar communications), you are hereby granting the foregoing Standard License in all such other User Content to both Knewton and other Consumer Users as well, provided that such Standard License in all such other User Content shall be perpetual and irrevocable. We also appreciate your feedback or other suggestions about the Consumer Service, but you understand that we may use them without restriction or any obligation to compensate you for them (just as you have no obligation to offer them).
- License Grant to Consumer Users. By submitting or otherwise making available User Content for the Content Library pursuant to the “Standard License Terms”, any of the “Creative Commons” license types or any other license type that we may allow you to make your User Content available to other Consumer Users through the Content Library, you hereby grant each other Consumer User, and each other Consumer User is hereby being granted, the rights set forth in such license associated with such User Content, subject to any terms and restrictions set forth in such license. By accessing such User Content, each Consumer User hereby accepts and agrees to be bound by the Standard License Terms, Creative Commons license or any other license terms associated with such User Content, as applicable, and shall not exploit any User Content for any other purposes unless such any additional use is expressly permitted by Knewton or the respective licensors of the User Content in writing (either as permitted through the Consumer Service or otherwise). Each Consumer User shall not download or otherwise copy any User Content unless expressly permitted by the functionality of the Consumer Service (e.g. a download or similar link is provided with the User Content) or the prior written consent of Knewton or the respective licensors of the User Content. Each Consumer User agrees not to circumvent, disable or otherwise interfere with security-related features of the Consumer Service that prevent or restrict use or copying of any User Content or enforce limitations on use of the Consumer Service or the User Content therein.If you are the owner of User Content submitted for the Content Library, you understand and agree, however, that User Content may remain viewable outside of the Consumer Service to the extent that any item of User Content was copied or stored by other Consumer Users in violation of these terms. Knewton is not responsible for monitoring compliance with these terms by users and will have no liability to any user for violation of these terms or any license pursuant to which the User Content is licensed to other users. We also appreciate your feedback or other suggestions about the Consumer Service, but you understand that we may use them without restriction or any obligation to compensate you for them (just as you have no obligation to offer them).
- Links. The Consumer Service may provide, or third parties may provide, links to other Internet sites or resources. Because Knewton has no control over such sites and resources, you acknowledge and agree that Knewton is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Knewton shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
content within our consumer service may contain links to other sites. We’re not responsible for those links.
- Copyright Complaints. Knewton respects the intellectual property rights of others. It is our policy to respond promptly any claim that User Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If you believe any content available through the Consumer Service infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
we respect copyright. If you think someone has stolen or misused your copyrights, please send an email with all the details to email@example.com.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Knewton will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these terms where it believes an Infringement has taken place, including removing or disabling access to the User Content claimed to be infringing and/or terminating user accounts and access to the Site. If we remove or disable access to User Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected User Content. If your User Content was removed and you feel that your User Content is not infringing, you may provide Knewton with a counter notice in writing to the attention of our Copyright Agent, as detailed below. You must include in your counter notice sufficient information to enable Knewton to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content is not infringing the copyrights of others. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
To contact our Copyright Agent by regular mail, fax, or email, please write to: Knewton, Inc. Attn: Copyright Agent 100 5th Ave. New York, NY 10011 Email: firstname.lastname@example.org Fax: 212-372-7531