Terms of Use
Welcome to the cestparti.org website (the "Site") which is owned and operated by Gutenberg Technology Inc., a Delaware C- corporation ("we" or "our" or "us"). Our mission is to reduce the cost of textbook materials for the K-12 market both in the U.S. and worldwide. Using an open-source, collaborative, and web-based compilation model, we pioneer and promote the creation and distribution of high-quality, adaptive online textbooks that can be mixed, modified and printed. The Site is designed to serve as an information resource for K-12 teachers, educators and students who wish to join our online community.
The following terms and conditions, together with our Privacy Policy, and such other documents referenced or incorporated herein, constitute the Terms of Use ("TOU") that govern your use of the Site. PLEASE READ THE ENTIRE TOU CAREFULLY BEFORE USING THE SITE. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of cestparti.org Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not access or use the Services.. If you do not agree to any of the terms contained in the TOU, please refrain from using the Site. If you are a parent or legal guardian of a minor (i.e., a person under the age of 18), you understand and acknowledge that use of the Site by such minor is governed by and subject to the TOU.
1. CHANGES TO TERM OF USE
We reserve the right to modify the TOU from time to time in our sole discretion. For example, we may amend the TOU to incorporate additional rules and policies as may be established by us from time to time. If we make changes to the TOU, we will announce and post such changes on the Site for the general public.By continuing to use the Site or any cestparti.org Content after such notice and consent, you are bound by the TOU as modified with respect to all your subsequent uses of the Site and cestparti.org Content.
2. LICENSE FOR CESTPARTI.ORG CONTENT
Except as otherwise noted, all cestparti.org Content (including cestparti.org Curriculum Material) is made available to Users in accordance with the Creative Commons Attribution/Non-Commercial/Share Alike 3.0 Unported (CC-by-NC-SA) License (http://creativecommons.org/licenses/by-nc-sa/3.0/), as amended and updated by Creative Commons from time to time (the "CC License"), which is incorporated herein by this reference. The CC License allows you to freely share and adapt cestparti.org Content, provided that: (i) you give proper attribution to cestparti.org in the manner specified by cestparti.org, but not in any way that suggests that cestparti.org endorse you or your use; (ii) you may not use this work for commercial purposes; (iii) if you alter, transform, or build upon cestparti.org Content, you may distribute the resulting work only under the same, similar or a compatible license; and (iv) you comply with all other requirements as may be specified in the CC License. If you wish to use cestparti.org Content for commercial purposes, you must contact cestparti.org to enter into a separate license agreement governing commercial use of the cestparti.org Content. If you do not agree to the terms of the CC License, please refrain from using cestparti.org Content in any manner, including downloading, copying, reproducing, printing, editing, modifying, distributing or transmitting such content, in any media or by any means, whether now known or hereafter developed. If you accept the terms of the CC License and proceed to use any cestparti.org Content, then any breach or violation by you of the CC License will automatically constitute a violation of the TOU and may subject you to liability to cestparti.org for copyright infringement. Also, to the extent you have violated the CC License and made modifications or improvements to, or have prepared derivative works based upon, cestparti.org Content or have otherwise incorporated cestparti.org Content into your own content for commercial purposes, your violation of the CC License will automatically subject such modifications, improvements or derivative works by you, or your own content that is mixed with cestparti.org Content, to a perpetual, royalty-free, worldwide license to cestparti.org, and cestparti.org may, in its sole discretion, elect to exercise the foregoing license in addition to or without prejudice to any other remedies available. Should there be any conflict between the CC License and the TOU, the terms of the CC License shall control. The CC-by-NC-SA license applies to all cestparti.org content downloaded.
3. INTELLECTUAL PROPERTY
License for User Postings
(a) Curriculum Contributions. Site allows Members (and only Members) to make, publish, share and store their Curriculum Contributions on the Site, as well as the ability to view, access, and further adapt and build upon Curriculum Contributions of other Members. To the extent any Curriculum Contribution by you, or any portion thereof, is independently protectible by copyright, you retain full copyright ownership with respect thereto (excluding and subject to cestparti.org's copyright in the preexisting cestparti.org Curriculum Material), PROVIDED that:
(i) you hereby expressly and irrevocably license all your Curriculum Contributions to cestparti.org and other Members under the terms of the CC License or under terms that are compatible with those of the CC License; and
(ii) without limitation to (i), you expressly grant to cestparti.org the perpetual right to publish, share, store and archive all your Curriculum Contributions on the Site and/or otherwise in cestparti.org's database (which right will continue even after your membership with the Site is terminated).
4. PROHIBITED CONDUCT
You may not use the Site or any cestparti.org Content to:
Make any User Postings that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, offensive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent your association or affiliation with any person or entity (including cestparti.org);
Forge headers or otherwise manipulate identifiers in order to disguise the origin or source of your User Postings;
Make any User Postings that you have no right, authority or permission to make;
Make any User Postings that infringes, violates or misappropriates any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other property, personal or proprietary right of any person or entity (including cestparti.org);
Make any User Postings that are commercial in nature, including unsolicited advertising, promotional and marketing materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Make any User Postings that contain viruses, spyware, malware, or any other malicious or harmful computer code, files or programs that are designed to invade, infiltrate, damage, disrupt, interfere with, or otherwise adversely affect any computer software, hardware, network or equipment;
Engage in "trolling," such as making any User Postings that are off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users' ability to engage in real time exchanges;
Interfere with or disrupt the Site or any servers or networks connected to the Site, or disobey any requirements, procedures, protocols, policies or regulations of networks connected to the Site, or engage in reverse engineering, decoding, decompiling, disassembling or similar act with respect to any software program or application embedded;
Violate any applicable law, whether intentionally or unintentionally;
Stalk or otherwise harass any other person or entity;
Solicit or collect personal data about others for any unlawful or unauthorized purpose, or in violation of the TOU;
Override or circumvent (or attempt to override or circumvent) any usage rules or content protection measures embedded in the Site or any cestparti.org Content;
Use another Member's Username, Password or other account information without permission; or
Engage in any other conduct or activity that cestparti.org determines, in its sole judgment, is illegal, abusive, harmful or improper.
5. ONLINE PRIVACY
Cestparti.org respects your online privacy and understands the importance of protecting your online privacy in accordance with federal and state laws. Please see our Privacy Policy for information regarding our online privacy practices. Our Privacy Policy constitutes an integral part of the TOU and is incorporated herein by this reference.
6. REGISTRATION AND ACCESS
To benefit from the features of the Site, you must create an account by filling the appropriate application form. You remain free to modify your personal data at any moment, according to privacy life policies.
In addition, as a contributor of the Site, it is your responsibility to make sure that your personal data is correct and complete. As soon as the application form is validated, you will receive an email inviting you to click on a link to confirm your registration. Access to your account can be achieved by filling your username and password, from which you guarantee its confidentiality.
The use of the Site once registered is valid for an indeterminate period. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SITE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, ACCURACY, COMPLETENESS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8 EXTERNAL SITES
The Sites may contain links to third-party websites (collectively, the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9 INDEMNIFICATION
You agree to defend, indemnify, and hold harmless cestparti.org, and our affiliates, officers, directors, employees, agents, licensees, and assigns from and against any and all claims, actions, or demands, including, without limitation, reasonable legal and expert fees and costs, arising or resulting from your breach of this Agreement, your submission of any content to the Websites, and your access to, use, or misuse of the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10 COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. We make no claims concerning whether the content of the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11 TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
