Last revised: April 14, 2016.
Acceptance of Terms
Your Registration Obligations
In consideration of your use of the Product or Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the authentication setup form and (b) maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Knovation has the right to suspend or terminate your account and refuse any and all current or future use of the Product or Service (or any portion thereof).
You may use the Product and Service only if you are a student, a student’s parent, a teacher, a school administrator or another person specifically approved by Knovation. All Product and Service users must be associated with a subscribing institution. If you are not one of the foregoing, you may not use the Product or Service and your access will be terminated.
For the sake of school and student security, we will allow administrators of schools currently subscribing to the Product to review the list of names and usernames assigned to accounts that are associated with their respective school. These school administrators are allowed to review the date each account was set up and respective usage data. A school administrator has the right to cancel any Product user’s account. School administrators also have access to and the right to review any and all saved searches created in the Product or through the Service by their respective users.
Site Usage Information
Knovation only collects anonymous individual usage information or aggregated usage information, such as the frequency of pages viewed and functions used. Knowing how the Product and Service are used is very valuable for understanding how to enhance them to be more valuable for all of our users.
Special Conditions for Free Trial Registration and Use
Member Account, Password and Security
If you lose or forget your password, contact your school’s Product administrator and ask that it be reset. Do not contact Knovation about your password, because, for the security of our users, we retain passwords only in an unreadable, encrypted form.
Limitations on User Accounts
Usage of the Product and Service is strictly limited to individuals at subscribing institutions. Subscribing users are prohibited from publishing or in any way communicating their authentication credentials (including usernames and passwords) to non-subscribing individuals. Posting of authentication credentials (including usernames and passwords) on websites, emails, newsletters or any other types of electronic or print media is in violation of this policy.
Subject to these TOU, Knovation hereby grants you the right to access and use the Product and/or Service. The Product and Service are only for your personal, non-commercial use. Knovation retains all rights with respect to our Product, Service and Data except those expressly granted to you in this agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material contained within the Product or Service unless specifically authorized in writing by Knovation to do so. The Data and software of the Product and Service are the proprietary property of Knovation and/or our business partners and are protected by U.S. and international copyright and other intellectual property laws. You agree not to frame, or assist third parties in framing, any of the Web pages contained in the Product without Knovation’s prior authorization. Any unauthorized framing is strictly prohibited under these TOU.
No Unlawful or Prohibited Use
As a condition of your use of the Product or Service, you warrant to Knovation that you will not use the Product or Service for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Product or Service in any manner that could damage, disable, overburden, or impair the Product or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Knovation.
As a user of the Product or Service you agree to the following rules of conduct and that any content that you upload, post, or otherwise transmit:
- Shall not restrict or inhibit any other user from using or enjoying the Product or Service.
- Shall not be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Shall not be obscene or contain child or other pornography.
- Shall not violate any law, statute, ordinance, or regulation.
- Shall not contain advertising, promotional materials, “spam” or any solicitation with respect to products or services.
- Shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
- Shall not be content that you do not have a right to transmit under any law or under contractual or fiduciary relationship.
- Shall not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Shall not interfere with or disrupt Knovation’s servers or networks connected to the Product or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Product or Service.
Public and Private Content Posted
Knovation does not and cannot review all content posted to or created by users accessing the Product or Service and is not in any manner responsible for this content. However, Knovation retains the right to monitor all content posted to the Product or Service and shall have the right, in our sole discretion, to refuse or to remove any content that violates these TOU or is otherwise objectionable.
Knovation may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Knovation, the Product or Service, its users and the public.
Anytime you upload to, distribute, or publish content through the Product or Service, you grant us the right to edit, copy, remove, distribute, create derivative works from and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content.
Anytime you upload to, distribute, or publish original compositions and other original documents through the Product or Service, such as but not restricted to essays, homework, and others, you are responsible for protecting their privacy to the extent you desire. Knovation does not guarantee their privacy, nor will Knovation be held liable for the public distribution or loss of any such content. The user bears all responsibility and risks associated with the use, maintenance, and retention of such content, including any reliance on the accuracy, completeness, or usefulness of such content.
Information Not Verified
You acknowledge that it is not feasible for Knovation to review the personal information for all users of the Product or Service, nor to review all third-party content and postings on the Product or Service. Accordingly, Knovation cannot and does not confirm the accuracy of such information, content or postings and you are advised to exercise a reasonable degree of caution in dealing with such information, content or postings and other users on this web site. Knovation makes no representation or warranties as to accuracy. Everything on the site is provided “as is” without warranty of any kind, either express or implied including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties in which case some exclusions may not apply.
The Product, Service or Data may contain links to other Web sites or resources. Because Knovation has no control over such sites and resources, you acknowledge and agree that Knovation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the Data or any other content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Knovation 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 the Data or any other content, goods or services available on or through any such site or resource. Knovation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Knovation. These links are only for your convenience and therefore you access them at your own risk.
Limitations on Use of Service
By using the Service, you agree that the Service and Data may not be used to create applications that offer or promote services that may be damaging to, disparaging of or otherwise detrimental to Knovation or its licensors, licensees, affiliates and partners. In addition, the Service and Data may not be used for or to create applications that transfer, display or use Data from Knovation except for those applications which are restricted to students, students’ parents/guardians, teachers, school administrators or other persons within your district, specifically approved by Knovation. You also agree to provide Knovation with access to your application(s) and/or other materials related to your use of the Service as reasonably requested by Knovation to verify your compliance with these TOU.
Knovation may monitor your online applications and you agree not to block or interfere with such efforts. You also agree to notify Knovation immediately upon any suspected misuse of the Service or Data.
Knovation may limit the number of network calls that your application may make via the Service APIs, and/or the maximum file size, and/or the maximum Data that may be accessed, or anything else about the Service and the Data that Knovation deems appropriate, in its sole discretion; these limitations may on occasion be without notice. In addition, Knovation may post usage limitations at the Service area of its Web site, and change such usage limits at any time. Knovation may utilize technical measures to prevent over-usage and/or stop usage of the Service APIs by an application after any usage limitations are exceeded.
You agree to use the Service only for purposes that are legal, proper and in accordance with these TOU, any separate contractual agreement between you and Knovation and any applicable policies or guidelines provided to you by Knovation from time to time. In addition you agree that when using the Service you will not, directly or indirectly, take or enable another to take any of the following actions:
- Interfere with or disrupt services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Restrict or inhibit any user from using and enjoying the Service.
- Use the Service for any illegal or unauthorized purpose.
- Circumvent or modify any security mechanism employed by Knovation or the Service.
- Request, collect, solicit or otherwise obtain access to sign-in names, passwords or other authentication credentials for Knovation, other than by directing your application users to Knovation in the mechanism specifically provided by the Service.
- Imply inaccurate creation, affiliation, sponsorship or endorsement of you or your application by Knovation or of the Data as your own.
- Use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the Service or Data.
- Transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
Limitations on Use of Data
You will not modify, obscure or delete any of the Data that is stored on your own equipment without Knovation’s written consent or permit any third party to store or cache the Data. Access to the Data that you give to your customers shall be limited to the Software as a Service (SaaS) delivery model.You are only permitted to use the Data within an application that leverages real-time use of the Service APIs.
You must clearly and conspicuously attribute the source of all Data as received from the Service and may not modify, obscure or delete the text, images, artwork, logos, copyrights or similar proprietary notices or other aspects of any Data that you receive from the Service, except that, with respect to graphic images, you may re-size such images while maintaining the same relative proportions of such image. If you displays the Data in a way that Knovation finds unacceptable for any reason, including if your display violates these TOU or disparages, damages, tarnishes or impairs the value, integrity or goodwill of the Data or its subjects or brands therein, Knovation may require you to immediately change or cease your display of such Data. All Data transmitted by Knovation in connection with your application remains the property of the proper owners or licensors thereof. You acknowledge and agree that Knovation has no obligation to, and does not, monitor the content created by your users of the Service.
Each of Knovation and any party to an agreement with Knovation shall maintain in confidence all Confidential Information (as defined below) disclosed by the other party. Any party disclosing Confidential Information shall be known as the “Disclosing Party” and any party receiving the Confidential Information of another party shall be known as the “Receiving Party.” Without the prior written consent of the Disclosing Party, no Receiving Party shall use, disclose or grant use of the Disclosing Party’s Confidential Information except as permitted under these TOU. No Receiving Party shall disclose any part of the Disclosing Party’s Confidential Information to any third party, other than its employees or authorized advisers. Each Receiving Party shall maintain the Disclosing Party’s Confidential Information in strictest confidence and exercise all necessary and appropriate precautions to prevent disclosure of the Disclosing Party’s Confidential Information to any person except as specifically authorized in these TOU. Each Receiving Party shall promptly notify the Disclosing Party upon discovery of any unauthorized use or disclosure of Disclosing Party’s Confidential Information.
Each Receiving Party may disclose Disclosing Party’s Confidential Information to the extent required by applicable governmental regulations or applicable law; provided that, if a Receiving Party is required to make any such disclosure of Disclosing Party’s Confidential Information, it shall give reasonable advance notice to Disclosing Party of such disclosure requirement and use its reasonable efforts to secure confidential treatment of the Confidential Information being disclosed.
As used in these TOU, “Confidential Information” means any information, knowledge or data with respect to Disclosing Party’s business, services, trade secrets, technologies, systems, customers, and sales, marketing and service methods, including but not limited to, techniques, computer flow charts and programs, computer software (whether owned or licensed by Disclosing Party), hardware, and firmware, models, data and data systems, documentation, manuals, diagrams, research and development efforts and results, technical, marketing, operation and performance information, cost know-how, business pricing policies, methods, systems, practices, sales and marketing methods, trade secrets, know-how, processes, procedures, employee lists or resumes, financial information, cost and revenue information, customer lists, information relating to past, present or prospective customers and information belonging to Disclosing Party’s customers. All of the foregoing information, whether oral or written, together with analyses, compilations, studies, notes of conversations, or other documents prepared for or by Disclosing Party or Receiving Party that contain or otherwise reflect Confidential Information, is also Confidential Information. Confidential Information does not include information that is or becomes generally available to the public other than as a result of disclosure, directly or indirectly, by Receiving Party.
Disclaimer of Warranties
You expressly understand and agree that your use of the Product and Service is at your sole risk. The Product and Service are provided on an “as is” and “as available” basis. Except for any warranties expressly contained in a contractual agreement between you and Knovation, Knovation expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, Knovation makes no warranty that (i) the Product and Service will meet your requirements, (ii) the Product and Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Product and Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Product or Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through Knovation or the Product or Service shall create any warranty not expressly stated in these TOU.
Limitation of Liability
You expressly understand and agree that Knovation shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damage, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Knovation has been advised of the possibility of such damages) other than amounts paid to third parties in respect of any third party claim for which indemnification is otherwise required under these TOU, resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) Unauthorized disclosure of, access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the Disclaimer of Warranties and Limitation of Liability sections may not apply to you.
Indemnification and Insurance
You agree to indemnify, defend and hold Knovation and its subsidiaries, affiliates, partners, officers, directors, agents, and employees harmless from any claim, demand liability, cost, expense, loss, judgment, penalty or damages, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Product or Service, your use of the Product or the Service, your connection to the Product or the Service, the disclosure of such content, your negligence or willful misconduct , your breach of your responsibilities, representations or warranties under any contractual agreement between you and Knovation, your violation of these TOU, or your violation of any rights of another.
General Practices Regarding Use and Storage
You acknowledge that Knovation may establish general practices and limits concerning use of the Product or Service, including without limitation the maximum number of days that any uploaded content will be retained by Knovation, the maximum disk space that will be allotted on Knovation’s servers on your behalf, and the maximum number of times (and maximum duration for which) you may access the Product or Service in a given period of time. You agree that Knovation has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Product or Service. You acknowledge that Knovation reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that Knovation reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that Knovation, in its sole discretion, may terminate your username and password, account or use of the Product or Service, and remove and discard any content within the Product or Service, for any reason, including, without limitation, for lack of use or if Knovation believes that you have violated or acted inconsistently with the letter or spirit of these TOU. Knovation may also in its sole discretion and at any time discontinue providing the Product or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Product or Service under any provision of these TOU may be effected without prior notice, and acknowledge and agree that Knovation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Product or Service. Further, you agree that Knovation shall not be liable to you or any third-party for any termination of your access to the Product or Service.
netTrekker®, icurio® and other logos and product and service names are trademarks, service marks, and trade names (collectively the “Marks”) of Knovation, Inc. You acknowledge that Knovation, Inc. is the sole owner of the entire right, title and interest in the Marks and reserves all rights to the use of the Marks. All other trademarks and servicemarks appearing on the Product are the property of their respective owners. Unless otherwise noted, all other aspects of the Product or Service are either copyrighted or are the proprietary information and/or design of Knovation, Inc. Knovation, Inc. is the sole owner of the entire right, title and interest to such intellectual property rights, including but not limited to text, design, graphics, interfaces, or code.
Intellectual Property Infringement Claims
It is our policy to respond to claims of intellectual property infringement. Knovation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Knovation will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to:
- Registered Copyright Agent Knovation, Inc.
- 3630 Park 42 Drive, Suite 170F
- Cincinnati, OH 45241
- Telephone: 513.731.4090
- Fax: 513.731.1710
- Email: firstname.lastname@example.org
Please put “Notice of Infringement” in the subject line of all such notifications. When Knovation removes or disables access to any material claimed to be infringing, Knovation may attempt to contact the owner/administrator of the site that contains such material in order to provide an opportunity to respond to the notification, although Knovation makes no promise to do so. Any and all counter notifications submitted by the owner/administrator of the site will be furnished to the complaining party. Knovation will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Knovation replaces or restores access to any material as a result of any counter notification.
If Knovation has granted to you a license under a contractual agreement between you and Knovation, such license is a limited, nonexclusive, revocable, non-sublicensable and non-transferable license to display the trade names, trademarks, service marks, logos, copyright notices, domain names and other distinctive brands of Company (cumulatively, the “Knovation Brands”) in accordance with these TOU and solely for attributing the source of the Product, Service and Data, and for the purpose of promoting or advertising that you use the Product or Service in certain of your applications. Your use of the Knovation Brands (including any associated goodwill) shall inure to Knovation’s benefit.
Unless such restriction is prohibited by law, at no time shall you challenge or assist others in challenging the Knovation Brands or Knovation’s registration thereof, nor shall you attempt to register any Knovation Brands or brand identifiers (including domain names) that are similar in any way to any of the Knovation Brands.
You may not do any of the following with respect to the Knovation Brands:
- Use or display them in any manner that implies a relationship or affiliation with, sponsorship or endorsement by Knovation, other than your licensed right to use the Product, Service or Data.
- Use or display them to disparage Knovation, its products or services.
- Use or display them in a way that tarnishes, dilutes or otherwise impairs them.
- Use or display them on your Web site if it contains or promotes illegal actions or activities.
- Use or display them in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Knovation.
- Remove, obscure, distort or alter any element thereof.
These TOU constitute the entire agreement between you and Knovation and govern your use of the Product and the Service. These TOU and the relationship between you and Knovation shall be governed by the laws of the State of Ohio without regard to conflict of law provisions. You and Knovation agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton, Ohio. The failure of Knovation to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on the Product or Service may not be assigned without the prior written consent of Knovation.
The section titles in these TOU are for convenience only and have no legal or contractual effect.
Ease the transition to digital instruction. Easily search, organize and share teacher-evaluated, free online resources (including OER) by seamlessly adding the Knovation Content Collection to your Learning Management System (LMS), or by offering the digital content through our award-winning applications, netTrekker and icurio.