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:

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:

Infringement Notice

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:

Kemi Akinsanya-Rose
Chief Operating Officer
247 West 35th Street, 8th Floor
New York, NY 10001
Fax: 212.239.8287
E-mail: kakinsanya@ELeducation.org

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 CURRICULUM 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 EDUCATION 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 EDUCATION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF THE USE OF THE CURRICULUM MATERIALS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE OF THE SERVICE AND THE CURRICULUM MATERIALS ON THE EL CURRICULUM 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/OR 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 EL CURRICULUM SITE.

This paragraph shall survive any expiration or termination of these Terms of Use.

 10. You agree to indemnify, defend and hold harmless EL Education, its officers, employees and/or representatives from and against any and all actual or alleged claims, demands, causes of action, liabilities, judgments, losses, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting from or relating to, whether directly or indirectly: (i) your violation of these Terms of Use or applicable law, rule or regulation and (ii) any other improper or unauthorized access to, or use or distribution of, the Curriculum Materials or the EL Curriculum Site by or attributable to you. 

11. Nothing contained on the EL Curriculum 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 aside from these Terms of Use.

12. EL Education reserves the right at any time to modify these Terms of Use and to impose new or additional terms or conditions on your use of the EL Curriculum Site.  Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms of Use.  We will make reasonable efforts to notify you of any material changes to the Terms of Use, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the EL Curriculum Site or Curriculum Materials following notice will be deemed acceptance of any modifications to the Terms of Use.

13. These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the EL Curriculum Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.

14. Notice to California Residents.  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

15. By using the EL Curriculum Site, you are acknowledging that you have read and accepted all these Terms of Use.