Sunday, February 5, 2012   News Feed Comments

You are here: Home / Terms of Use

Terms of Use


Last revised 3/1/2009

The following Terms of Use govern your use of this web site, and any content made available from or through this web site, including any subdomains. The website is made available by K12Genie Inc. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the web site.

BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the website.

Proprietary Rights
K12Genie Inc. owns, solely and exclusively, all rights, title and interest in and to the web site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the web site, and the compilation of the content, code, data and materials on the site, including but not limited to any copyrights, trademark rights, patent rights, database rights, and other intellectual property and proprietary rights therein. Your use of the site does not grant to you ownership of any content, code, data or materials you may access on or through the web site.

Limited License
You may access and view the content on the web site on your computer or other device and, unless otherwise indicated in these Terms of Use or on the web site, reprint the content on the web site for your personal, internal use only. Use of the web site and the services offered on or through the web site, are only for your personal, non-commercial use.

Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the web site, or any content, code, data or materials on the site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of K12Genie Inc.. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the site. You agree that you will not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the site. Violation of this Terms of Use may cause you to violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Trademarks
The trademarks, logos, service marks and trade names displayed on the web site or on content available through the site are registered and unregistered trademarks of K12Genie Inc. and others and may not be used in connection with products or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All trademarks not owned by K12Genie Inc. that appear on the site are the property of their respective owners. Nothing contained on the site should be construed as granting any license or right to use any trademark displayed on the site without the written permission of the owner of the applicable trademark. Your misuse of the trademarks displayed on the site or on or through any of our services is strictly prohibited.

User Information
In the course of your use of the web site or the services made available, you may be asked to provide certain personalized information to us. Our collection and use policies with respect to the privacy of such user information are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of user information.

Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through our site, by email, or in any other way. Any information you submit to us is at your risk.  By submitting or sending information or content to us, you represent and warrant that the material are original to you, that no other party has any rights thereto, and you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any submitted materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such material at any time.

It is important to remember that comments or content submitted to public portions of the site may be recorded and stored in multiple places, both on our web site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments or postings to public portions of our site.

Conduct
You agree not to post, email, or otherwise make content:

  1. That restricts or inhibits any other user from using and enjoying the site or the services;
  2. That is fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
  3. That constitutes or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  4. That violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
  5. That contains a virus, spyware, or other harmful component;
  6. That contains embedded links, advertising, chain letters or pyramid schemes of any kind;
  7. That constitutes or contains false or misleading indications of origin, endorsement or statements of fact.
  8. That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of race, ethnicity, age, national origin, citizenship, religion, gender, sexual orientation, disability (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  9. that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  10. that includes personal or identifying information about another person without that person’s explicit consent;
  11. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  12. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  13. that constitutes or contains any form of advertising or solicitation not authorized by K12Genie
  14. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  15. that contains 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;
  16. that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the service, or that otherwise negatively affects other users’ ability to use our web site;
  17. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our site.

Additionally, you agree not to:

  1. “stalk” or otherwise harass anyone;
  2. collect personal data about other users for commercial or unlawful purposes;
  3. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the service – unless expressly permitted by K12Genie;
  4. attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the service or the K12Genie website;
  5. use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
  6. use any form of automated device or computer program (”flagging tool”) that enables the use of craigslist’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts without a good faith belief that the post being flagged violates these Terms of Use;

Paid Postings
We may charge a fee to post content in some areas of the website. Each party posting content to the service is responsible for said content and compliance with the Terms of use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use.

Limitations of Service
You acknowledge that we may establish limits concerning use of the service, including the maximum number of days that content will be retained, the maximum number and size of postings, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You acknowledge that K12Genie reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that K12Genie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Right to Monitor and Editorial Control
K12Genie Inc. reserves the right, but does not have an obligation, to monitor or review all materials posted to the web site or features by users, and K12Genie. is not responsible for any such materials posted by users. However, we reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in K12Genie Inc.’s sole discretion are objectionable or in violation of this Terms of Use, Time Inc.’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms of Use or applicable law, or for any other reason without notice or liability.

Indemnity
You agree to indemnify and hold K12Genie, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the service, your use of the service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Third Party Web Sites
You may be able to link from our site to third party web sites and third party web sites may link to the Web Site (”Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Access to the Service
K12Genie permits you to display on your website, or create a hyperlink on your website to, individual postings or parts of the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  You may also create a hyperlink to the home page of so long as the link does not portray K12Genie, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. We reserved the right to revoke your ability to link to our site if your use is violation of the Terms of Use or abuses such privileges granted under the Terms of Use.

Termination of Account
You agree that K12Genie, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate or limit your access to or use of our web site or services immediately and without notice, if K12Genie believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that K12Genie shall not be liable to you or any third-party for any termination or limitation of your access to the service.  Further, you agree not to attempt to use the Service after said termination.

Proprietary Rights
The service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of K12Genie. You further agree not to reproduce, duplicate or copy content from the service without the express written consent of K12Genie, and agree to abide by any and all copyright notices displayed on the service. 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 reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the service.

Disclaimer of Warranties
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. K12GENIE INC. ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. K12GENIE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED K12GENIE INC. EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, K12GENIE INC. AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, OR OTHER MATERIAL ON THE WEB SITE OR IN CORRESPONDENCE WITH K12GENIE INC. OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY K12GENIE. “AS IS”.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL K12GENIE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF K12GENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE K12GENIE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE  SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE K12GENIE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

Applicable Laws
We control and operate the K12Genie web site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access the site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.