Access to and use of EL Education's Curriculum Site, containing the full curriculum materials published for EL's first edition Kindergarten through Second Grade Language Arts curriculum and the second edition of EL Education's Third through Fifth Grade Language Arts curriculum and Life Science modules, is under the control of EL Education ("EL Curriculum Site") and provided on the following terms and conditions (the "Terms and Conditions"):
1. You agree to use the EL Curriculum Site only for lawful purposes, and in a way that does not infringe the rights of, or restrict or inhibit anyone else's use and enjoyment of this site. We may change these Terms and Conditions from time to time by updating this page. You should review this page regularly. Your continued use of the Site after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Site if you are not happy with any changes to these Terms and Conditions.
3. You understand that the EL Education curriculum materials ("Materials") are made available on this site under the terms of a Creative Commons Attribution 4.0 International License ("CC BY 4.0"), except for those materials licensed by third-parties or as may be otherwise noted. To view a copy of this license, visit https://creativecommons.org/licenses/by/4.0/. Licensed third party content noted as such in the Materials is the property of the respective copyright owner and not subject to the CC BY 4.0 License applicable to Materials produced by EL Education. Anyone desiring to use third-party content is responsible for obtaining the necessary consent and approval from the appropriate third parties. Third party content may not be reproduced or distributed (outside the scope of fair use) without additional permissions from the content owner.
4. When using Materials you must attribute EL Education and/or any identified third-party author in accordance with the terms of the CC-BY 4.0 license or any other stated license. This Site also contains proprietary and third-party materials which are owned by or licensed to EL Education and which are not subject to the CC-BY 4.0 License. These materials which will be identified as "Proprietary" 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 this Site. An example of our third-party material is Common Core State Standards (c) Copyright 2010. National Governors Association Center for Best Practices and Council of Chief State School Officers. All rights reserved. Common Core State Standards are subject to the public license located at http://www.corestandards.org/public-license/.These proprietary materials are protected by intellectual property rights. Unauthorized use of these proprietary materials may constitute intellectual property infringement.
5. 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 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 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 Materials to which it applies so that you know what you can and cannot do. By using the Websites or Services, you agree that you are solely responsible for your use of any and all Materials made available on this site.
6. You acknowledge that by using the EL Curriculum Site and services, you may be exposed to Materials that you find offensive or objectionable. Under no circumstances is EL Education liable in any way for any Materials, including, but not limited to: any infringing Materials, any errors or omissions in Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, transmitted to, linked to or otherwise accessible or made available via the EL Curriculum Site.
7. This site may contain links to websites not controlled by EL Education, 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 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 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 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.
9. THE SERVICE AND THE MATERIALS OF THE EL CURRICULUM SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EL DOES NOT WARRANT THAT THE FUNCTIONS OR MATERIAL CONTAINED IN ITS WEBSITES OR ACCESSED THROUGH ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EL EDUCATION'S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF THE USE OF THE MATERIALS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE OF THE SERVICE AND THE MATERIALS ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL EL EDUCATION, ITS OFFICERS, EMPLOYEES AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE OPERATION, MAINTENANCE, ACCESS OR USE OF THE SERVICE OR THE CONTENT OF THE SITE.
This paragraph shall survive any expiration or termination of this Agreement.
11. Nothing contained on this Site is intended to be, nor should be construed as an offer by us to enter into, a contractual relationship with you or anyone else except under the applicable Terms and Conditions.
12. By using the EL Curriculum Site, you are acknowledging that you have read and accepted all applicable Terms and Conditions of use.