1. Acceptance of this Agreement
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by Wiki Ed, acceptance is expressly limited to these terms.
In order to use our Services you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreement, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Wiki Ed is true, accurate, and complete, and you agree to keep it that way at all times.
3. Responsibility of Contributors
Wiki Ed may, but has no obligation to, monitor, review, or edit Content. In all cases, Wiki Ed reserves the right to remove or disable access to any Content for any or no reason, including but not limited to, Content that, in Wiki Ed’s sole discretion, violates the Agreement. Wiki Ed may take these actions without prior notification to you or any third party (although we’ll do our best to do so). Removal or disabling of access to Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Content.
You are solely responsible for all Content that you create. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST WIKI ED RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD WIKI ED HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
If you delete Content, Wiki Ed will use reasonable efforts to remove it from its Sites and Wikipedia, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of these representations or warranties, Wiki Ed has the right (though not the obligation) to, in its sole discretion to: (i) refuse or remove any Content that, in Wiki Ed’s reasonable opinion, violates any Wiki Ed policy or is in any way harmful or objectionable; or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason.
4. Prohibited Uses.
When using Wiki Ed’s Services, you agree not to:
- Publish material or engage in activity that is illegal under applicable law, such as the U.S. Copyright Act, the Lanham (Trademark) Act, the Communications Decency Act (“CDA”) or the Digital Millennium Copyright Act (“DMCA”);
- Use the Services to overburden Wiki Ed’s systems, as determined by us in our sole discretion;
- Disclose the sensitive personal information of others without their permission;
- Send spam or bulk unsolicited messages;
- Interfere with, disrupt, or attack the Services or Wiki Ed’s network; or
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
Please respect Wiki Ed, the owners of the Content, and other users of our Sites. Don’t engage in any activity, post any Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Wiki Ed or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Wiki Ed;
- interferes with or in any way disrupts the Sites, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in Wiki Ed’s computer systems, network, usage rules, or any of Wiki Ed’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Wiki Ed.
You acknowledge and agree that posting any such Content may result in immediate termination or suspension of your Wiki Ed account.
5. Responsibility of Visitors
Wiki Ed has not reviewed, and cannot review, all of the Content posted to our Services, and cannot therefore be responsible for the Content, its use or effects. By operating our Services, Wiki Ed does not represent or imply that it endorses the Content posted therein, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Wiki Ed disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of Content posted therein.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which Wiki Ed Services links and that link to our Services. Wiki Ed does not have any control over those non-Wiki Ed websites, and is not responsible for their contents or their use. By linking to a non-Wiki Ed website, Wiki Ed does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wiki Ed disclaims any responsibility for any harm resulting from your use of non-Wiki Ed websites and webpages.
7. Third Party Applications
Our Sites use third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to users. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Wiki Ed does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
8. DMCA Takedown Policy
If a user has uploaded any information, including but not limited to music, sound recordings, videos, and/or photos, to the Sites that infringes your intellectual property rights, you should send us a request to take down the content at email@example.com. Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature.
9. Copyright Infringement
If you send us a request to take down content that infringes upon your copyright, your request should include:
- A description of the content that you believe infringes upon your copyright;
- The name of the copyrighted work that you believe is being infringed;
- The website URL that contains or is associated with the infringing content;
- A short explanation of how the content infringes your rights;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information included in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Sage Ross.
Copyright complaints and requests can be sent directly to this agent at firstname.lastname@example.org. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
10. Other Intellectual Property Infringement
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, rights of publicity, etc.), your complaint or request should include:
- The intellectual property you own that is being infringed;
- A description of the content you believe infringes upon your intellectual property;
- The website URL that contains or is associated with the infringing content; and
- A short explanation of how the content infringes your rights.
11. Complaint Processing
Once we receive a complaint, we will make best efforts to review it as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content and will send a notice to the other users of the Sites indicating that we have done so.
12. Counter Notice
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at email@example.com. Any Counter Notice should include:
- Your name, address, telephone number, and email address;
- An identification of the material that we have taken down;
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the U.S. District Court for the federal district in which you reside, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content; and
- Your physical or electronic signature.
If we receive such a Counter Notice, we will re-upload the content, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
13. Intellectual Property
This Agreement does not transfer from Wiki Ed to you any Wiki Ed or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wiki Ed. Trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wiki Ed or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Wiki Ed may terminate your access to all or any part of our Services at any time, with or without cause and with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Disclaimer of Warranties
Our Services are provided “as is.” Wiki Ed and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wiki Ed nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or Services through our Services at your own discretion and risk.
17. Limitation of Liability
IN NO EVENT WILL WIKI ED, ITS OFFICERS, DIRECTORS, REPRESENTATIVES, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS AND OTHER PERSONNEL AUTHORIZED TO ACT ON ITS BEHALF, OR WIKI ED’S SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. WIKI ED SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. General Representation and Warranty
You agree to defend, indemnify and hold harmless Wiki Ed, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including, but not limited to, your violation of this Agreement or any portion thereof.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
21. Choice of Law
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of California, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
22. Arbitration & Waiver of Class Action
The parties agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that: (i) any arbitration will occur in San Francisco, California; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, THE PARTIES WILL NOT COMMENCE AGAINST THE OTHER PARTY A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in San Francisco, California. The parties expressly consent to the exclusive jurisdiction of, and waive any and all objections to venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
This Agreement constitutes the entire agreement between Wiki Ed and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Wiki Ed, or by the posting by Wiki Ed of a revised version. If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary and the remaining portions will remain in full force and effect. The limitation or elimination of the term will not affect any other terms. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wiki Ed may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
25. Entire Agreement
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
26. Questions or Comments
We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at firstname.lastname@example.org.
Effective Date: July 8, 2016
Thanks for reading to the end. We know terms of service can be quite long!
The Wiki Education Foundation’s Terms of Service are derived from Automattic’s Terms of Service, which are released under a CC-BY-SA license. The Wiki Education Foundation re-licenses our modifications under a CC-BY-SA license as well.