Last Updated: April 13, 2020
TABLE OF CONTENTS
- Accessing the Website; Account Security.
- User Accounts.
- Modification of the Terms
- Intellectual Property Rights.
- User Posts and Uploads.
- Purchase License Grant
- Item Pricing.
- Digital Millennium Copyright Act.
- Prohibited Conduct.
- Third-Party Sites, Products, Plugins, and Services; Links.
- Term and Termination.
- Disclaimers; No Warranties.
- Limitation of Liability and Damages.
- Entire Agreement.
- Governing Law
- Accessing the Website; Account Security.At our sole discretion we may withdraw or amend this Website and any portion of it without notice. We are not liable to you if any part of the Website becomes unavailable. We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
- User Accounts.Some content may only be available to users who create an account. In order to create an account on our Website, you must provide your full name, a school email address, your street address, a username that will be visible to the public, and a password to protect your account. Additional information may be requested. You represent that all the information you provide is true and accurate to the best of your knowledge. Should your personal information change, you agree to promptly update your account. You agree not to share your account details with any third parties. If you choose to do so, you are responsible for what happens to your account. Should your account be accessed without authorization you agree to notify us immediately. We have the right to disable any account at any time for any or no reason, including if, in our opinion, you have violated any provision of these Terms to include violating the copyright of third parties.
- Modification of the Terms. When you register for an account, access the Website, browse or otherwise use our Website or any associated content, you agree to the Terms posted on the Website. We reserve the right to change, modify, add, or remove portions of the Terms at our sole discretion. Any change we make is immediately effective upon posting. Your continued use after we make changes to the Terms serves as your binding acceptance. You agree that you will periodically check the Terms for changes made after you register for an account or otherwise use the Website. If at any time you do not agree with the Terms, you must discontinue your use. If we make any significant changes to the Terms, we will attempt to notify you of those changes.
- Intellectual Property Rights.Shaman Learning’s Website, its entire contents, features, and functionality are owned by Shaman Learning, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As the user, you are permitted to use this Website for your non-commercial personal use. Any content that is available for your use on this Website may have an accompanying trademark, copyright, or other proprietary right included. You may not delete or alter those rights. Any right not expressly granted to you in these Terms are reserved by Shaman Learning.
- User Posts and Uploads. As part of the function of the Website, users are permitted to upload lesson plans and other content for sale or free transfer between them and other users. When you post something to Shaman Learning’s Website you are representing and warranting that you have the necessary rights, licenses, consents, or other permissions to reproduce and publish your User Posts and Uploads. Shaman Learning does not own the content you post. You acknowledge that you are responsible for the posts and uploads you submit, and you, not Shaman Learning, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
By posting content to the Website, you grant Shaman Learning a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use the content you upload (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Shaman Learning’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service and your content. We have the right to remove any user post or upload for any and all reasons including violating these terms.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website.
YOU WAIVE AND HOLD HARMLESS SHAMAN LEARNING AND ITS AFFILIATES, LICENSEES, AND ANY OTHER SERVICE PROVIDER WE WORK WITH FROM ANY CLAIMS STEMMING FROM ANY ACTION TAKEN BY SHAMAN LEARNING DURING INVESTIGATIONS BY EITHER SHAMAN LEARNING OR ANY LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review user posts and uploads before they are posted for distribution on our Website. For this reason, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User of the Website.
- Purchase License Grant.When you buy an item from us, you are acquiring the right to use that item, not actual ownership of the item itself. The license to use that item comes from the seller. The terms of that license depend on the type of license you buy. That information is attached to each specific license.
- Item Pricing.If an Item is not free, the price of the Item license includes the price the creator of the item charges and our associated fees. All purchases are non-refundable, and non-cancellable.
- Digital Millennium Copyright Act. Shaman Learning respects the rights of copyright holders. If you believe that a user post or upload violates your copyright and desire to submit a DMCA takedown request, that request must conform to the requirements of 17 U.S.C § 512. Your DMCA takedown request should be directed to EMAIL.
- Prohibited Conduct.As the User of Shaman Learning, you agree to use this Website only within the bounds of these Terms and agree not to do the following:
- Use this Website for any unlawful purpose that would be a violation of federal, state, local, or international law or regulation.
- Transmit, upload, install, or otherwise infect the Website or any content contained thereon with any virus or malicious programing or attacks (including but not limited to, denial of service attacks, trojan horses, worms, logic bombs, or any other harmful material or process) advertisement, or other communication that effects either the use and enjoyment of the site, or the servers or property of Shaman Learning.
- Post, upload, or distribute any defamatory, libelous, or inaccurate content;
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site.
- Post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Allow persons under 18 to access the site via your account.
- Impersonate or attempt to impersonate Shaman Learning, one of our employees or contractors, any other user or person.
- Otherwise interfere with the proper function of this Website.
- Third-Party Sites, Products and Services; Links.The Services may include links or references to other Websites not owned or otherwise operated, endorsed, or maintained by Shaman Learning solely as a convenience to Users. Shaman Learning does not endorse or guarantee the information, materials, products, or services contained on or accessible through any linked sites. Accessing these linked sites is done solely at your own risk.
- Term and Termination.The Terms shall remain in effect while you use the site and other services unless you terminate your account, or it is otherwise terminated by us. In the event of termination, you no longer have the right to use this site and its services. You can terminate your account at anytime by deleting your account. Shaman Learning may terminate your account for violation of these terms at any time after the violation occurs. Repeat copyright offender accounts will be terminated.
- Indemnification.To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Shaman Learning Inc., its Affiliates, officers, directors, employees, and agents against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: i) your use of and access of Shaman Learning’s website and related services; ii) your violation of any of these Terms iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or iv) any claim that your user posts or uploads caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Shaman Learning’s Website and related services.
- Disclaimers; No Warranties.You understand that we cannot and do not guarantee or warrant that files available for downloading and purchase from our Website, and the internet in general, will be free of viruses or other harmful or destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your own requirements for virus protection and online security.
TO THE FULLEST EXTENT PROVIDED BY LAW, SHAMAN LEARNING WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU USE AT YOUR OWN RISK OUR WEBSITE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM. OUR WEBSITE, CONTENT, AND ALL SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
NEITHER SHAMAN LEARNING NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE:
- ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
- THAT DEFECTS WILL BE CORRECTED,
3) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4) THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- Limitations of Liability and Damages.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SHAMAN LEARNING OR ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- Arbitration.You agree that any dispute arising from these Terms shall be resolved by confidential arbitration. The confidential arbitration shall be held via telephone, unless the arbitrator requests in-person arbitration. Should in-person arbitration be required, it shall be held in Phoenix, Arizona. The decision of the arbitrator shall be binding. The arbitrator may, but is not required, to award attorney’s fees and cost to the prevailing party. Arbitration shall be conducted according to the rules prescribed by the American Arbitration Association.
- Entire Agreement.These Terms constitute the entirety of the Agreement between you and Shaman Learning.
- Governing Law.These Terms are governed by the law of the State of Arizona, without regard to any conflict of laws principles to the contrary.
- Severability.If any portion of these Terms are determined invalid or inoperative, that provision shall be severed from the Terms to the minimum extent necessary and the remainder are valid and enforceable. No portion of these Terms can be amended.
Shaman Learning is committed to protecting your data and abiding by the following principles.
- We work with trusted and high quality third parties for plug-ins and other services to ensure that the data we collect is adequately protected.
- We collect your data to enhance your experience and ensure the best possible quality in our content and the Website.
- Your data helps us to understand what is important to you.
What information do we collect from you, where do we collect it, how is it used? When you sign up for an account, we collect certain information that is necessary for us to be able to provide you with the best possible service. We collect two types of information from you: 1) personally identifiable information (“Personally Identifiable Information”) and 2) non-personally identifiable information. Some Website features may be available to you without creating an account or sharing Personally Identifiable Information. When we do collect information, including personal information, it is collected in a variety of ways which may vary according to your use of our Website. The categories of personal information we collect may include:
- Contact and profile information
- Account and authentication information from third-party integrated services
- Location information
- Information about your browser or device
- Non-personal information which may be linked to your Personal Information
We do not collect any Personally Identifiable Information that you do not voluntarily provide to us. Some of the times you may provide us Personally Identifiable Information include, but are not limited to when you:
- Create an account on the Website and provide your name, email, address and other required information.
- Post content on our Website or list items for sale.
- Purchase an item or download a free item.
- Send e-mail messages, submit forms or transmit other information to us.
- Submit your credit card or other payment information when ordering and purchasing products and services on our site. Payment’s on our Website may be handled by trusted third parties who specialize in online payments and security of that information.
We will typically use your Personally Identifiable Information to provide services to you. We also use Personally Identifiable Information to enhance our site, fill orders, improve marketing and promotional efforts, statistically analyze the usage of our site, improve our site and its product and service offerings, and customize content and layout. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices such as changes to this Policy or the Terms. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems with our site or services and to enforce our agreements with you.
Non-Personally Identifiable Information is more generic information we collect. This information is not tied to your identity. This information is compiled and analyzed on both a personal and an aggregated level. The non-personally identifiable information we collect may include the Web site Uniform Resource Locator (“URL”) that you came from, which URL you go to next, what browser you are using, and your Internet Protocol (“IP”) address.
Who else do we share your information with? We never sell or trade your Personally Identifiable Information. Part of our services are provided by third parties we and those third parties use your Personally Identifiable Information to operate Shaman Learning’s site and to provide services to you. We only work with reputable third parties and they likely have privacy policies of their own which will also protect your information. We cannot control the information that they have.
Law enforcement agencies or judicial authorities may also request Personally Identifiable Information. We will disclose Personally Identifiable Information if requested to do so by court order, subpoena, or in order to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services to conduct or otherwise participate in illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
How can you update, correct or delete your Personally Identifiable Information? Much of your Personally Identifiable Information can be changed inside your account. Please promptly update your Personally Identifiable Information when it changes. If you wish to delete your Personally Identifiable Information, this can be done by deleting your account. Note that deleting your account will also remove your registered user access.
We may not be able to delete data in all instances, such as information retained in technical support logs and other business records like past transactions. We will not always delete any information which has been disassociated with personal identifiers such that it is no longer “personally identifiable”.
What are your choices regarding collection, use and distribution of your information? You can always choose not to provide certain data, but this may limit the availability and use of some Website features.
If you would like to stop receiving promotional communications from us, you can opt out by using unsubscribing from promotional emails. All promotional emails will include an unsubscribe link. Promotional emails are different from the transaction emails and account emails about our services (confirmation emails, changes to Terms, etc.) You will always receive those communications from us.
What security precautions are in place to protect against the loss, misuse or alteration of your information? We protect your data in a manner consistent with industry standards. To protect your privacy and security, we take reasonable steps to verify your identity before granting account access or making changes to your account information. We may ask you to provide certain personal information to confirm your identity, and we may require that you create and use a password to access certain parts of our Website and to access some services. You are responsible for creating and maintaining a strong password to help secure your account.
Online transactions are handled by our established third-party partner institutions. They receive the information needed to verify and authorize your credit card or other payment information and protect that data.
No data transmission over the internet can be guaranteed to be infallible or totally secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that:
- The internet creates security and privacy limitations that are beyond our control
- The security of any and all information and data exchanged between you and Shaman Learning through this site cannot be guaranteed.
- Keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you as a logged in member of Shaman Learning.
- Remember the settings that you have chosen on the pages you visit to help personalize your experience by showing you your preferred content.
- Customize the function and appearance of the pages you visit based on information relating to your account; for example, to remember how you’ve browsed in the past or what grade level content you are primarily interested in.
We may also use third party services to run advertisements on our Website. Those ads may place a separate cookie on your computer. You can configure your browser to notify you about attempts websites make to place cookies on your computer. You can also limit the types of cookies you allow or refuse the placement of cookies totally. While this is your prerogative, parts or features of the Website may be unavailable or may work differently or less functionally.