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<h1>Terms and Conditions</h1>
<p>Last updated: August 16, 2019</p>
<p>
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the
https://runestone.academy website and related materials (collectively the "Service") operated by Runestone
Interactive LLC ("us", "we", or "our").
</p>
<p>
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who wish to access or use the Service.
</p>
<p>
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the
terms then you do not have permission to access the Service.
</p>
<p>
The Service provides teachers and other educators with interactive educational content and materials regarding
computer science that they can use to create course work for their high school and college/university students
(the students provided access to the Service by you shall be referred to as the “Student(s)”).
</p>
<h2>Accounts</h2>
<p>
When you create an account with us, you guarantee that you are above the age of 13, and that the information you
provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
</p>
<p>
You are responsible for maintaining the confidentiality of your account and password, including but not limited
to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether your password is with our Service
or a third-party service. You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
</p>
<p>
You may not use as a username the name of another person or entity or that is not lawfully available for use, a
name or trademark that is subject to any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar or obscene.
</p>
<p>
You shall obtain all required consents, approvals and agreements necessary for you and your Students to a)
access and use the Service; and b) submit data to us in conjunction with use of the Service; such consents,
approvals and agreements shall include, but not necessarily be limited to, those required by Family Educational
Rights and Privacy Act, Children's Online Privacy Protection Act or other state or federal data privacy laws,
regulations or rules, if applicable. <strong>The Service shall not be made available to anyone under the age of
13 without our prior written consent.</strong>
</p>
<h2>License to Use Service</h2>
<p>This is our non-exclusive license to the Service: <a href="https://en.wikipedia.org/wiki/MIT_License">MIT
License</a>. Your use of the content or materials associated with the Service shall be licensed to you
pursuant to this license: <a href="https://creativecommons.org/">Creative Commons CC-BY</a> (these two licenses
shall be collectively referred to as the”License”). Your use of the Service is subject to these Terms and the
License. Each Student must agree to accept these Terms, including the License, prior to their use of the
Service. Except as set forth in the License: a) we shall retain all right, title and interest in and to the
Service; and b) you and your Students shall not (i) make any other use of the Service; or (ii) provide, make
available or disclose the Service to any third party.</p>
<h2>Content Submissions</h2>
<p>
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other
materials whatsoever, whether posted or transmitted to Service shall be collectively referred to as the
“Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the
submitting user grants us the royalty-free, world-wide, non-exclusive, irrevocable, transferable license to use,
reproduce, publish, distribute and display such Content solely on or through the Service. We will not, review,
monitor or edit the Content for accuracy, timeliness, integrity or completeness. We shall have the right (but
not the obligation) in our sole discretion to refuse or delete any Content that violates the Terms or is
otherwise illegal. We, in our sole and absolute discretion, may preserve Content and may also disclose Content
if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal
safety of Service users and the public.
</p>
<h2>Rules for Content Submission</h2>
<p>
We ask you to follow these rules when submitting Content: a) you shall not upload to, distribute through or
otherwise publish through the Service any Content that is libelous, defamatory, obscene, pornographic, invasive
of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would
otherwise give rise to liability or violate any law; b) you shall not use the Service to post Content that
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be
harmful to minors or that harasses or advocates harassment of another person; c) you will use the Service only
in a manner consistent with all laws and regulations and in accordance with the Terms; d) you will not
impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use
false IP addresses or headers, or otherwise conceal your identity from us; e) you will only submit Content for
which you have the copyright or other specific permission to distribute; and f) you will not violate,
plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy,
publicity or proprietary rights. We shall not be liable in any way for any Content.
</p>
<h2>Links To Other Web Sites</h2>
<p>
Our Service may contain links to third party web sites or services that are not owned or controlled by Runestone
Interactive LLC
</p>
<p>
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any
third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their
websites
</p>
<p>
You acknowledge and agree that Runestone Interactive LLC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such third party web sites or services.
</p>
<p>We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or
services that you visit.</p>
<h2>Termination</h2>
<p>
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of the Terms.
</p>
<p>If you wish to terminate your account, you may simply discontinue using the Service.</p>
<p>
All provisions of the Terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
</p>
<p>
You may not assign the License without our prior written consent, which shall not be unreasonably withheld.
</p>
<h2>Indemnification</h2>
<p>
You agree to defend, indemnify and hold us harmless (and our licensee and licensors, and our employees,
contractors, agents, officers and directors) from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or
arising out of a) your use of and access to the Service, by you, the Students or any person using your account
and password, or b) a breach of these Terms.
</p>
<h2>Limitation Of Liability</h2>
<p>
IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU
OR THE STUDENTS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO
OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR
TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
</p>
<h2>Disclaimer</h2>
<p>
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The
Service is provided without warranties of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of
performance.</p>
<p>Runestone Interactive LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will
function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service
will meet your requirements.</p>
<p>
We do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or
location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
</p>
<h2>Exclusions</h2>
<p>
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability
for consequential or incidental damages, so the limitations above may not apply to you.
</p>
<h2>Copyrights</h2>
<p>
We respect the intellectual property rights of others, and require that the people who use the Service do the
same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your
work has been copied and is accessible on this Service in a way that constitutes copyright infringement, you may
notify us by providing our copyright agent with the following information in writing: a) the electronic or
physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; b)
identification of the copyrighted work that you claim has been infringed; c) identification of the material that
is claimed to be infringing and information reasonably sufficient to permit us to locate the material, including
the full URL; d) your name, address, telephone number, and email address; e) a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f)
a statement, made under penalty of perjury, that the above information in your notice is accurate and that you
are the copyright owner or are authorized to act on the copyright owner's behalf.
</p>
<p>
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act
of 1998 is: <br>
John Roberts<br>
New Counsel, PLC<br>
233 Park Avenue, Suite 203<br>
Minneapolis, Minnesota 55415612-659-8443 <br>
jroberts@newcounsel.com<br>
</p>
<h2>Governing Law</h2>
<p>
These Terms shall be governed and construed in accordance with the laws of Minnesota, without regard to its
conflict of law provisions. All disputes or claims regarding these Terms shall be resolved in the state or
federal courts in Hennepin County, Minnesota.
</p>
<p>
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms, along with the License and the Privacy Policy, which are hereby
incorporated by reference, constitute the entire agreement between us regarding our Service, and supersede and
replace any prior agreements we might have had between us regarding the Service.
</p>
<h2>Changes</h2>
<p>
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is
material, we will provide at least 30 days’ notice prior to any new terms taking effect (notice shall be deemed
given if posted to our website). What constitutes a material change will be determined at our sole discretion.
</p>
<p>
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
</p>
<h2>Contact Us</h2>
<p>If you have any questions about these Terms, please contact us.</p>
<h2>State of Connecticut</h2>
<p>The linked <a href="ct_addendum">additional terms and conditions</a> apply in the state of
Connecticut</p>
<h2>California Consumer Privacy Act</h2>
<p>Please <a href="ca_addendum">Read the additional terms for CCPA</a></p>
</div>