Terms of Service
Last Updated: September 10, 2014
Welcome to BetterLesson.com, a content management and collaboration platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of written digital content over the internet (the "BetterLesson Platform"). The BetterLesson Platform is owned and operated by BetterLesson, Inc. ("BetterLesson").
1. Eligibility. BETTERLESSON. IS A PLATFORM FOR EDUCATORS. K-12 students attempting to access content from the BetterLesson platform without the consent of a teacher/instructor are in direct violation of the Terms of Service. Any student pretending to be an educator, impersonating an educator, or making fraudulent claims to be an educator will be immediately removed from the BetterLesson platform and may be subject to disciplinary actions within his/her school. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE BETTERLESSON PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BETTERLESSON PLATFORM. The content on the BetterLesson Platform is only available for you to use for educational, non-commercial purposes; any other use is prohibited.
3. Individual Features and Services. When using the BetterLesson Platform, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. BetterLesson reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time with or without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of the BetterLesson Platform after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the BetterLesson Platform.
5. Digital Millennium Copyright Act. Please note that since we respect authors' and content holders' rights, it is BetterLesson's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the 'DMCA'). For more information, please go to BetterLesson's DMCA Notification Guidelines below. Please note that BetterLesson will promptly terminate without notice any User's access to the BetterLesson Platform if that User is determined by BetterLesson to be a "repeat infringer." A repeat infringer is a User who has been notified by BetterLesson of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the BetterLesson Platform more than twice.
6. Ownership and License Grants; Sponsored Content.
(a) The BetterLesson Platform The BetterLesson Platform is owned and operated by BetterLesson. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the BetterLesson Platform provided by BetterLesson(the "Materials") are protected by United States copyright, patent, 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 are provided and owned by Users, all Materials contained on the BetterLesson Platform are the property of BetterLesson or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BetterLesson or its affiliates and/or third-party licensors. Except as expressly authorized by BetterLesson, 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. BetterLesson reserves all rights not expressly granted in these Terms.
(b) Sponsored Content. BetterLesson has sponsored the creation and development of lesson plans and other educational materials by teachers selected by BetterLesson (such teachers, the “Master Teachers,” and such lesson plans and other educational materials made available on the BetterLesson Platform, the “Sponsored Content”). As between you and BetterLesson, BetterLesson is the sole owner of all rights in and to the Sponsored Content.
(c) License Grant to Sponsored Content. Subject to your compliance with the terms and conditions set out in these Terms, BetterLesson hereby makes the Sponsored Content available to you pursuant to and in accordance with the terms of the Creative Commons Attribution-NonCommercial 4.0 International license.
(d) User Content. Subject to your compliance with the terms and conditions set out in these Terms, you may upload to the BetterLesson Platform digital content, including electronic documents ("User Content"). For clarity’s sake, Sponsored Content is not User Content. User Content is uploaded at your own risk. Although BetterLesson will use commercially reasonable security measures to protect unauthorized copying of User Content, BetterLesson cannot guarantee that there will be no unauthorized copying or distribution of User Content, nor will BetterLesson be liable for any copying or usage of the User Content not authorized by BetterLesson. In connection with your uploading of User Content, you will select (i) whether you want your User Content to be kept private or made public, and (ii) the license under which you are sharing the User Content with BetterLesson. The default license for all User Content uploaded through the BetterLesson Platform is Creative Commons Attribution 4.0 International.
(e) License Grant to Download User Content. Subject to your compliance with the terms and conditions set out in these Terms, you may download User Content from the BetterLesson Platform, subject to the limitations on use provided in the license under which such User Content was shared with BetterLesson. The default license for all User Content uploaded through the BetterLesson Platform is Creative Commons Attribution 4.0 International [insert link].
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, notwithstanding anything to the contrary in the terms of the license under which you shared any User Content with BetterLesson, you affirm, represent, and warrant that:
(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.
(d) Your User Content is free of any digital rights management protections or functionality, including any software designed to limit the number of times User Content may be copied or played.
You understand that when using the BetterLesson Platform you will be exposed to User Content from a variety of sources, and that BetterLesson is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BetterLesson with respect thereto. BetterLesson does not endorse any User Content or any opinion, recommendation or advice expressed therein, and BetterLesson expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, BetterLesson may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.
8. Prohibited Conduct. The following behaviors are prohibited by BetterLesson. You hereby agree that you shall not:
(a) use the BetterLesson Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the BetterLesson Platform as such services are offered by BetterLesson;
(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, libelous, or inaccurate User Content;
(d) post, upload, or distribute any User Content or other content that is unlawful or 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;
(e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the BetterLesson Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the BetterLesson Platform, or perform any other similar fraudulent activity;
(f) delete the copyright or other proprietary rights on the BetterLesson Platform or User Content;
(g) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the BetterLesson Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(h) use the BetterLesson Platform 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;
(i) harass, abuse, threaten or defraud Users of the BetterLesson Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
(j) remove, circumvent, disable, damage or otherwise interfere with security-related features of the BetterLesson Platform or User Content, features that prevent or restrict use or copying of any content accessible through the BetterLesson Platform, or features that enforce limitations on the use of the BetterLesson Platform or User Content;
(k) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the BetterLesson Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(l) modify, adapt, translate or create derivative works based upon the BetterLesson Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(m) intentionally interfere with or damage operation of the BetterLesson Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(n) relay email from a third party's mail servers without the permission of that third party;
(o) use any robot, spider, scraper, or other automated means to access the BetterLesson Platform for any purpose or bypass any measures BetterLesson may use to prevent or restrict access to the BetterLesson Platform;
(p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the BetterLesson Platform;
(q) interfere with or disrupt the BetterLesson Platform or servers or networks connected to the BetterLesson Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the BetterLesson Platform;
(r) post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the BetterLesson experience.
(s) use the BetterLesson platform if you are a student and do not have the direct consent of a teacher/instructor, or impersonate an educator or fraudulently pretend to be an educator to use the BetterLesson Platform.
BetterLesson reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or inappropriate use of the BetterLesson Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
9. Account. When you use the BetterLesson Platform to upload and/or download content or any products, services, or information from BetterLesson, 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. You agree that the information you provide to BetterLesson on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify BetterLesson. You may be liable for the losses incurred by BetterLesson or others due to any unauthorized use of your BetterLesson Platform account.
10. Third-Party Sites, Products and Services; Links. The BetterLesson Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). BetterLesson does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BetterLesson Platform are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. Termination. You agree that BetterLesson, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with BetterLesson or your use of the BetterLesson Platform and remove and discard all or any part of your account, User profile, and any User Content, at any time. BetterLesson may also in its sole discretion and at any time discontinue providing access to the BetterLesson Platform, or any part thereof, with or without notice. You agree that any termination of your access to the BetterLesson Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that BetterLesson 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. These remedies are in addition to any other remedies BetterLesson may have at law or in equity. Your only remedy with respect to any dissatisfaction with (a) the BetterLesson Platform, (b) any of the Terms, (c) any policy or practice of BetterLesson in operating the BetterLesson Platform, or (d) any content or information transmitted through the BetterLesson Platform, is to terminate your account and your use of the BetterLesson Platform.
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 BetterLesson, you agree to indemnify, defend and hold BetterLesson, 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 the BetterLesson Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. BetterLesson reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BetterLesson, and you agree to cooperate with BetterLesson's defense of these claims. BetterLesson 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 THE BETTERLESSON PLATFORM IS AT YOUR SOLE RISK. THE BETTERLESSON PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THEBETTERLESSON PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. BETTERLESSON DOES NOT WARRANT THAT THE DATA, CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE BETTERLESSON PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTERLESSON, 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.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE BETTERLESSON PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS.
UNDER NO CIRCUMSTANCES WILL BETTERLESSON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) OR THE BETTERLESSON PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH BETTERLESSON, EVEN IF BETTERLESSON OR AN BETTERLESSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BETTERLESSON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE BETTERLESSON PLATFORM OR YOUR INTERACTION WITH OTHER BETTERLESSON PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BETTERLESSON PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
13. United States Export Controls. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency.
15. 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 web site (betterlesson.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing BetterLesson's 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 BetterLesson web site 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 BetterLesson 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 BetterLesson 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.
Please note that BetterLesson may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
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 BetterLesson may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (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
BetterLesson's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, BetterLesson, Inc., 82 Sherman st., 3rd Floor. Cambridge, MA 02140 or by email at copyright@BetterLesson.com. For clarity, only DMCA notices should go to the BetterLesson Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to BetterLesson customer service through support@BetterLesson.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.