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Last Modified: April 25th, 2017
1. Intended Users. i-Ready Central is a platform for educators. Any student pretending to be an educator will be immediately removed from the i-Ready Central platform. USING I-READY CENTRAL, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM I-READY CENTRAL. The content on i-Ready Central is only available for you to use for educational, non-commercial purposes; any other use is prohibited.
3. Individual Features and Services. When using i-Ready Central, you will be subject to any additional posted guidelines or rules applicable to specific features (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. Curriculum Associates reserves the right, at our discretion, to change these Terms at any time with or without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of i-Ready Central after the posting of changes constitutes your binding acceptance of such changes.
5. Proprietary Rights. Please note that since we respect content holders’ rights, it is Curriculum Associates’ policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Curriculum Associates’ DMCA Notification Guidelines below. Please note that Curriculum Associates will promptly terminate without notice any User’s access to i-Ready Central who has had their User Content removed from i-Ready Central more than twice.
6. Ownership and License Grants; User Content.
(a) i-Ready Central. i-Ready Central is owned and operated by Curriculum Associates. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of i-Ready Central provided by Curriculum Associates (the “Materials”) are protected by United States copyright, trade secret, trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by Users, all Materials contained in i-Ready Central are the property of Curriculum Associates or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Curriculum Associates, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
(b) User Content. Subject to your compliance with the terms and conditions set out in these Terms, you may upload to i-Ready Central digital content, including electronic documents (“User Content”). User Content is uploaded at your own risk. Although Curriculum Associates will use commercially reasonable security measures to protect unauthorized copying of User Content, Curriculum Associates cannot guarantee that there will be no unauthorized copying or distribution of User Content, nor will Curriculum Associates be liable for any copying or usage of the User Content. By sending User Content to Curriculum Associates, or posting it on i-Ready Central, you expressly grant Curriculum Associates a worldwide, transferable, sublicensable, royalty-free, and non-exclusive license to display, archive, store, or transmit the User Content on i-Ready Central or other websites owned or controlled by Curriculum Associates, and to post or share the User Content on social media platforms. This license will continue perpetually unless and until you remove your User Content from i-Ready Central, at which time the license granted here will automatically expire.
(c) License Grant to Download User Content. Subject to your compliance with the terms and conditions set out in these Terms, you may use or download User Content found on i-Ready Central, subject to the limitations on use described herein.
(d) Social Media Features. i-Ready Central may provide certain social media features that enable you to send e-mails or other communications with certain content, or links to certain content, on i-Ready Central, cause limited portions of content on i-Ready Central to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
7. Representations and Warranties Regarding User Content. You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:
(a) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Curriculum Associates and our Users to use your User Content in the manner contemplated by Curriculum Associates and these Terms;
(b) your User Content does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; and
(c) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
8. Prohibited Conduct. The following behaviors are prohibited by Curriculum Associates. You hereby agree that you shall not:
(a) use i-Ready Central for any commercial or non-education related purposes;
(b) rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any Materials;
(c) post, upload, or distribute any defamatory or libelous User Content or any User Content or other content that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
(d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access i-Ready Central accounts of others without permission or perform any other similar fraudulent activity;
(e) delete the copyright or other proprietary rights on i-Ready Central or User Content;
(f) use i-Ready Central for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
(g) remove, circumvent, disable, damage, or otherwise interfere with security-related features of i-Ready Central or User Content,
(h) modify, adapt, translate, or create derivative works based upon i-Ready Central or any part thereof;
(i) intentionally interfere with or damage operation of i-Ready Central or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(j) post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other commercial content;
(k) upload any photographs or videos of individual students or their likenesses without parental consent; or
(l) upload any student work product or other materials that could be considered “education records” under the Family Educational Rights and Privacy Act (“FERPA”).
9. Account. When you use i-Ready Central to upload and/or download content or any products, services, or information from Curriculum Associates, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Curriculum Associates.
10. Third-Party Sites, Products and Services; Links. User Content in i-Ready Central may include links or references to other websites or services (“Reference Sites”). Curriculum Associates does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.
11. Termination. You agree that Curriculum Associates, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Curriculum Associates or your use of i-Ready Central and remove and discard all or any part of your account, User profile, and any User Content, at any time. Curriculum Associates may also in its sole discretion and at any time discontinue providing access to i-Ready Central, or any part thereof, with or without notice. You agree Curriculum Associates will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Your only remedy with respect to any dissatisfaction with i-Ready Central is to terminate your account and your use of i-Ready Central.
12. Indemnification; Disclaimer; Limitation of Liability. Notwithstanding anything to the contrary in the terms of the license under which you shared the User Content with Curriculum Associates, you agree to indemnify, defend, and hold Curriculum Associates, its affiliated companies, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of i-Ready Central, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Curriculum Associates reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Curriculum Associates, and you agree to cooperate with Curriculum Associates’ defense of these claims. Curriculum Associates will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
YOU EXPRESSLY AGREE THAT THE USE OF I-READY CENTRAL IS AT YOUR SOLE RISK. I-READY CENTRAL AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH I-READY CENTRAL ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CURRICULUM ASSOCIATES, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNDER NO CIRCUMSTANCES WILL CURRICULUM ASSOCIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING, WITHOUT LIMITATION, USER CONTENT) OR I-READY CENTRAL. IN NO EVENT WILL CURRICULUM ASSOCIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF I-READY CENTRAL EXCEED ONE THOUSAND DOLLARS.
14. Digital Millennium Copyright Act Notification Guidelines.
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website (i-readycentral.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Curriculum Associates’ Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Curriculum Associates website are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Curriculum Associates to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit Curriculum Associates to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY.
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Curriculum Associates may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. Section 512(c)(1)(C) or an agent of such person.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE COPYRIGHT ACT, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Designated Copyright Agent
Curriculum Associates’ Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Curriculum Associates, LLC., 153 Rangeway Rd, North Billerica, MA 01862 or by email at firstname.lastname@example.org. If you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.