Effective Date: February 7, 2020
The Services are not intended for use by anyone under the age of 13.
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Service and by changing the effective date above. Continued use of the Service constitutes your acceptance of any modified Terms.
To sign up for an account to use the Service, you must provide us with your name and email address. It is your responsibility for ensuring that your account information is accurate and up-to-date. You may not share an account with any other person. 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. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By creating an account on our Service, you agree that we may send you transactional emails, newsletters, marketing or promotional materials and other information. You may opt out of receiving promotional and marketing communications by following the unsubscribe link or instructions provided in any email we send. You may not opt-out of receiving transactional emails about your purchases or important emails about your use of the Service.
If you decide to submit any Author Content, defined below, you agree and acknowledge that your name, profile picture and contact information will be associated with such Author Content and made publicly available on the Service. You understand that users of the Service may reach out to you directly and that we are not responsible for any communications between you and such users.
Subject to your payment of any applicable fees, Educative grants you a non-transferable, royalty-free license, without the right to sublicense, to access and use any Educative content (“Content”) you purchase through the Services. The Content is owned by Educative or our authors. Unless the Content has a separate license that grants you other rights, you may only use the Content for your own personal, noncommercial purposes, and you may not (a) reproduce, modify, translate or create any derivative work of the Content; (b) sell, share, rent, lease, loan, provide, distribute or otherwise transfer the Content; (c) circumvent any security measures or attempt to gain access to Content that you have not paid for; or (d) permit or encourage any third party to do any of the foregoing. If we allow you to download any Content, you may only download a single copy for your personal, noncommercial purposes, and you may not share it with third parties.
The Content may be provided by third parties. While Educative strives to offer only content of the highest caliber, Educative does not guarantee that the Content is accurate or complete. Your use of or reliance on any Content is at your own risk. If you have any questions about the Content, you are encouraged to contact the author directly.
If Content is accompanied by a separate license, the terms of such license shall control over the terms of this section. You are responsible for complying with any license terms that accompany such Content.
If you purchase a subscription to receive Content (“Subscription”) such Subscription will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. By submitting such payment information, you automatically authorize Educative to charge all Subscription fees incurred through your account to any such payment instruments.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting Educative’s customer support team.
The fees for the Content (on an a-la-carte or Subscription basis) are as set forth in the Service. Educative may modify the fees at any time. If you have purchased a Subscription, any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Educative will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
In order to purchase Content or a Subscription, you must provide Educative’s third party payment processor with certain information including, without limitation, your name, your credit card number, the expiration date of your credit card, and your billing address. Our payment processor is only permitted to use such data to process your purchase.
By making a purchase with a credit card or other authorized method of payment, you represent and warrant that: (i) you have the legal right to use such credit card(s) or other payment method(s); and (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Should automatic billing fail to occur for any reason, Educative will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Educative may offer a free trial Subscription for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Educative until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees.
At any time and without notice, Educative, Inc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
If you are dissatisfied with the Content you purchased, you may apply for a refund within 30 days after your date of purchase. If we grant a refund, your license to use the Content is immediately revoked and you must delete all copies of any Content you have downloaded or cached.
If you sign up for a Subscription and you wish to cancel, we may grant your request as a courtesy. You may only sign up and cancel a Subscription once; we reserve the right to refuse to cancel a subscription if we suspect fraud or misuse. Upon cancellation of a Subscription, all rights you have in any Content you acquired prior to cancellation are immediately revoked and you must delete all copies of any Content you have downloaded or cached.
User Conduct and Responsibilities
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. We may make sections of the Service available for user comments or message boards. You are responsible for the content that you post on or through the Service, including its legality, reliability, and appropriateness. Without limitation, you agree to not use the Service to make available and transmit any content that, or content that promotes a product or Service that:
Educative does not control and is not responsible for what users contribute to the Service and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that may be distributed through the Service. Educative is not responsible for the conduct, whether online or offline, of any user of the Service.
If you are using the Service through an enterprise account maintained by your organization (such as your employer, school, etc.), your usage rights are subject to the enterprise agreement between your organization and Educative. Your organization will be able to control the courses you are able to access and will be able to see certain information about your use of the Service (such as your progress and usage activity). You may not have certain rights that are available to non-enterprise users that are described in this Agreement. If you have any questions about your rights to use the Service, please contact the appropriate account administrator for your organization.
The following section only applies if you contribute content through the Service. If you do not contribute content, the following section does not apply to you.
You own and are solely responsible for any content that you create and transmit, distribute, publish or display (hereinafter “post”) on or through the Service (collectively “Author Content”). Although Educative has no obligation to monitor Author Content, Educative may do so and may block or remove any such Author Content or prohibit any use of the Service that Educative believes may be (or is alleged to be) in violation of these Terms. Any payment terms related to your provision of Author Content will be subject to an addendum to these terms between you and Educative.
You represent and warrant that any Author Content you provide is free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, copyright, patent, or trademark infringement, and/or misappropriation of trade secret or any other right of a person or party. You also represent and warrant that all necessary licenses and consents have been obtained for the use of any Author Content you post on the Service.
After posting Author Content to the Service, you continue to retain any such rights that you may have in such Author Content (unless you have a separate agreement with Educative related to the authoring of content). By posting Author Content through the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Educative a worldwide, perpetual, sub-licensable license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Author Content (including your name and contact information and, if you provide tutorial video, your voice and likeness) as part of the Service. Any derivative works created by Educative to enhance your Author Content (e.g. quizzes, interactive elements, coding exercises) will be subject to your continuing ownership of the underlying Author Content. You understand that all users of the Service may use your Author Content in connection with their use of the Service. You understand that users of your Author Content may contact you directly – it is your choice as to whether to engage with such users or not and Educative is not responsible for your communications with such users. You may delete your Author Content from the Service at any time (which will remove any derivative works using your Author Content); provided, however, that users who have already purchased your Author Content may continue to use the Author Content in perpetuity.
If you make available any non-course Author Content through publicly available sections of the Service (such as Edspresso shots, message board comments, or blog posts) (“Submissions”), you agree that those Submissions are made available under the Creative Commons –Attribution -ShareAlike 4.0 (CC-BY-SA 4.0) license, the terms of which are available here: https://creativecommons.org/licenses/by-sa/4.0/. Before we publish your Author Content, we may make a staging link available to you to share with your reviewers or co-authors. This Author Content is not visible to any users who do not have the link. The users must register in the Service before they can access the Author Content. We may put limits on the number of users who can access nonpublic Author Content at any time, in our discretion.
If you do have an agreement with Educative where you create content on Educative’s behalf, such content shall be Educative Content and not Author Content.
For more information about providing Author Content, please see our FAQs.
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, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links to Other Websites
The Service or Content may contain (or you may access through the Service or Content) links to other websites controlled by third parties (“Third-Party Content”). Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by Educative, and Educative is not responsible for any Third-Party Content accessed through the Service or content provided by third parties.
Educative has an affiliate program that enables third parties to earn fees for referring users to the Service from their websites.
If you are interested in becoming an affiliate, please see our Affiliate Program FAQs.
Licenses from Educative; Ownership of Educative Content
Except Author Content, all content on the Service is the proprietary property of Educative or its authors with all rights reserved. Educative grants you a limited, revocable license to use the Service and all content contained therein in accordance with these Terms. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Educative’s intellectual property rights, whether by estoppel, implication or otherwise.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to take screenshots of any content on the Service or reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
All trademarks and registered trademarks are protected by U.S. and international trademark laws.
Modifications to Service
Educative reserves the right to modify or terminate any or all portions of the Service with or without cause at any time and effective immediately. Educative shall not be liable to you or any third party for termination. Should you object to any modifications to the Service or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Educative may broadcast notices or messages through the Service or through the email address you supplied when you registered for the Service to inform you of changes to these Terms, the Service, or other matters of importance. Such broadcasts shall constitute notice to you.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Educative assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.
Under no circumstances will Educative be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the Service, any Content or Third-Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EDUCATIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EDUCATIVE MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, AUTHOR CONTENT, THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. EDUCATIVE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE OR YOUR AUTHOR CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EDUCATIVE BE LIABLE TO YOU ON ACCOUNT OF (i) ANY CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EDUCATIVE OR ITS AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF EDUCATIVE OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10,000 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE LICENSE FEES PAID BY YOU TO EDUCATIVE, WHICHEVER IS LOWER. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold Educative, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Service, your conduct in connection with the Service, the Author Content you provide (if applicable), or any violation of these Terms or of any law or the rights of any third party.
Waiver and Severability of Terms. The failure of Educative to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Educative. If any provision of these Terms 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 Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. You and Educative agree to submit to the exclusive jurisdiction of the state and federal courts of Seattle, Washington.
Statute of Limitations. You and Educative agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected]
If you have any questions about these Terms, please contact us at [email protected]