Terms and Conditions

Last updated: August 16, 2019

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").

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.

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.

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)”).

Accounts

When you create an account with us, you guarantee that you are above the age of 18, 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.

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.

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.

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. The Service shall not be made available to anyone under the age of 13 without our prior written consent.

License to Use Service

This is our non-exclusive license to the Service: MIT License. Your use of the content or materials associated with the Service shall be licensed to you pursuant to this license: Creative Commons CC-BY (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.

Content Submissions

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.

Rules for Content Submission

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.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Runestone Interactive LLC

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

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.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

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.

If you wish to terminate your account, you may simply discontinue using the Service.

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.

You may not assign the License without our prior written consent, which shall not be unreasonably withheld.

Indemnification

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.

Limitation Of Liability

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.

Disclaimer

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.

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.

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.

Exclusions

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.

Copyrights

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.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com

Governing Law

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.

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.

Changes

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.

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.

Contact Us

If you have any questions about these Terms, please contact us.