3. You understand that the following licenses apply to the following materials on the EL Curriculum Site, except for those materials licensed by third parties or as may be otherwise noted in the Curriculum Materials:
EL Education K-5 Language Arts Curriculum
Creative Commons Attribution 4.0 International License ("CC BY 4.0")
EL Education 6-8 Language Arts Curriculum (Second Edition)
Creative Commons Attribution-NonCommercial 4.0 International License ("CC BY-NC 4.0")
Licensed third party content noted as such in the Curriculum Materials is not subject to the CC BY 4.0 or CC BY-NC 4.0 licenses applicable, respectively, to the Curriculum Materials produced by EL Education. Such materials are either the property of the respective copyright owner with all rights reserved or subject to a different license, as may be noted in the Curriculum Materials. Except as set forth in Section 4 below, anyone desiring to use third-party content is responsible for obtaining the necessary consent and approval from the appropriate third parties and/or complying with the separate license to which such materials are subject. Third party content may not be reproduced or distributed (outside the scope of fair use) without additional permissions from the content owner, unless otherwise expressly noted in the Curriculum Materials.
4. Notwithstanding Section 3 above, you are hereby granted a non-exclusive, non-transferable license to download and use a copy of the Curriculum Materials for personal use, in print or digital format; provided, that such use is on a "one-user, one-copy" basis.
5. When using the Curriculum Materials you must attribute EL Education and/or any identified third-party author, as applicable, in accordance with the terms of the CC-BY 4.0 or CC BY-NC 4.0 licenses, as applicable to the Curriculum Materials being accessed, or any other stated license. The EL Curriculum Site also contains proprietary materials which are owned by or licensed to EL Education and which are not subject to the CC BY 4.0 or CC BY-NC 4.0 licenses. These materials include, but are not limited to, our logos and trademark, certain photographic and video images, sound recordings, and the design, layout and appearance of and graphics contained within the EL Curriculum Site. These proprietary materials are protected by intellectual property rights. Unauthorized use of these proprietary materials may constitute intellectual property infringement.
6. You are required under U.S. copyright law, the equivalent laws of other countries, and international treaties to respect the copyrights of the authors and to use their works subject to the terms and conditions of their respective licenses and applicable law. You may only copy, modify, distribute and otherwise use the Curriculum Materials on the EL Curriculum Site in accordance with all applicable licenses or as may otherwise be permitted under applicable law. You represent and warrant to EL Education that any Curriculum Materials you use on the EL Curriculum Site will be used in accordance with the applicable license. You should be sure to review the terms of that license before you use the Curriculum Materials to which it applies so that you know what you can and cannot do. You agree that you are solely responsible for your use of any and all Curriculum Materials.
7. The EL Curriculum Site may contain links to websites not controlled by EL Education ("Third Party Websites"), as well as content belonging to or originating from persons or organizations other than EL Education ("Third Party Content"). You acknowledge that EL Education (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
8. EL Education respects the intellectual property rights of others and expects users of the EL Curriculum Site to do the same. It is EL Education's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). EL Education will promptly terminate without notice any user's access to the EL Curriculum Site if that user is determined to be a "repeat infringer." A repeat infringer is a user who has been notified by EL Education of infringing activity violations more than twice or who has had its user-submitted content removed from the EL Curriculum Site more than twice. It is EL Education's policy to promptly respond to clear notices of alleged copyright infringement that comply with the DMCA. 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 the EL Curriculum Site infringes your copyrights, then you may submit a notification pursuant to DMCA, 17 U.S.C. Section 512(c)(3), containing the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the EL Curriculum Site are covered by a single notification, a representative list of such works.
c) Clear 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 EL Education to locate the material. Providing URLs to the alleged infringing content in the body of an email is the best way to help us locate content quickly.
d) Information reasonably sufficient to permit EL Education 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.
e) 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.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to EL's designated agent as follows:
Chief Operating Officer
247 West 35th Street, 8th Floor
New York, NY 10001
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.
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