K12Leaders Creator Terms and Conditions
The following terms and conditions govern your Account and use of Services with K12Leaders, Inc.. By completing this click-thru agreement for K12Leaders services, or using K12Leaders website (our “Services”) or any of the Services of K12Leaders, you are agreeing to be bound by the following Creator Terms and Conditions (“Creator Terms and Conditions”), as well as the general terms and conditions, and privacy policy as listed on our website.
Any new features or tools which are added to the current Services shall be also subject to the Creator Terms and Conditions. You can review the current version of these terms here at any time.
K12Leaders reserves the right to update and change the Creator Terms and Conditions by posting updates and changes to the K12Leaders website. We recommend that you check the Creator Terms and Conditions from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Creator Terms and Conditions agreement, as well as K12Leaders’s Privacy Policy, incorporated herein by reference, before you use the Services or create a K12Leaders account (“Account”).
The section summaries below are provided as a courtesy and are not legally binding. Please read the “Creator Terms and Conditions” for the details of our agreement. By using K12Leaders or any K12Leaders Services, you are agreeing to these terms. Be sure to stay up to date.
1. ACCOUNT TERMS
You agree to the following terms relating to your account:
• You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorization from your parents or guardian.
• You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
• You are responsible for ensuring that your registration information is true, accurate and complete.
• You acknowledge that K12Leaders will use the email address you provide as the primary method for communication.
• You are responsible for keeping your password secure. K12Leaders cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You are responsible for all activity and content such as videos, files, data, graphics, photos and links that may be uploaded to your K12Leaders account (“Content”).
• A breach or violation of any term in the Creator Terms and Conditions as determined in the sole discretion of K12Leaders will result in an immediate termination of your Services.
Which means You have to use your own information to create a valid K12Leaders Account and you are responsible for the details of that account. Remember that we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided.
2. ACCOUNT ACTIVATION
2.1 Subject to section 2.1, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Creator Terms and Conditions and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
2.2 If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Creator Terms and Conditions.
WHICH MEANS: The person signing up for the K12Leaders Services is responsible for the account and is bound by these Creator Terms and Conditions. If you sign-up on behalf of your employer, your employer owns the account and is also bound by our Creator Terms and Conditions.
3. GENERAL CONDITIONS OF USE
The following general conditions apply to your use of the Services:
• Technical support is only provided to paying Account Owners and is only available via email.
• You are responsible for the conduct on your Account and the conduct of your customers.
• You must ensure that you and your customers do not:
- use the Services for any illegal or unauthorized purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
- misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use K12Leaders or K12Leaders trademarks and/or variations and misspellings thereof;
- circumvent or attempt to circumvent any limitations imposed on your account;
- probe, scan, or test the vulnerability of any K12Leaders system or network, unless we have given you prior written authorization;
- decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
- directly or indirectly identify a customer contrary to the terms of any Confidentiality Notice or other privacy setting, or attempt to do so;
- use the Services to collect or store any sensitive information (“Sensitive Information”) including personal health information, banking and credit card information, and if you do use K12Leaders to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
- transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
- use the Services to infringe the Intellectual Property Rights orcopyright of others, or to commit any unlawful activity;
- attempt to circumvent any license, timing or use restrictions that are built into the Services; or
- lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization
• Questions about the Creator Terms and Conditions should be sent to
[email protected].
• You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
• If you are on a K12Leaders plan with transaction fees and don’t have written consent from K12Leaders, you agree not to charge people to access your courses other than by collecting payments on the K12Leaders Services. Any attempt to bypass the K12Leaders payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to discuss options.
• We do not knowingly provide services or sell products to anyone under the age of 18. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at
[email protected].
WHICH MEANS: The K12Leaders Services belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
If you don’t like your plan or membership level, contact us. Do not try to work around our process or methods
On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Do not use our services if you are a minor without the authorization of your parent or guardian.
4. K12LEADERS RIGHTS
The following are K12Leaders’s rights in regards to the Services and these Creator Terms and Conditions:
4.1 We reserve the right suspend Services and delete any content that is in violation of our terms-of-service (https://k12leaders.com/terms-of-service/) at any time, or for any other reason with 30 days notice.
4.2 We reserve the right to refuse our Services to anyone for any reason at any time.
4.3 K12Leaders does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Services at any time.
4.4 We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services if they share or otherwise make available Content containing material that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Creator Terms and Conditions.
4.5 Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any K12Leaders’ customer, K12Leaders’ employee, member, or officer will result in immediate account termination and possible legal action.
4.6 We reserve the right to provide our Services to other companies and individuals that you may regard as competitors, and we make no promise of exclusivity in any particular market segment. You further acknowledge and agree that K12Leaders’ employees and contractors may also be K12Leaders customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
4.7 In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
4.8 K12Leaders retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, K12Leaders reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
WHICH MEANS: We can modify, cancel or refuse the Services at anytime.
In the event of an ownership dispute over a K12Leaders account, we can freeze the account or transfer it to the rightful owner.
5. LIMITATION OF LIABILITY
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT K12LEADERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
• IN NO EVENT SHALL K12LEADERS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, K12LEADERS PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
• Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
• K12Leaders does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
• K12Leaders does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
• K12Leaders does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
• IN NO EVENT WILL K12LEADERS’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: THE FEES PAID BY YOU FOR THE K12LEADERS SERVICES HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
WHICH MEANS: We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Services are “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to the equivalent of one month of your fees paid to us.
6. WAIVER AND COMPLETE AGREEMENT
The failure of K12Leaders to exercise or enforce any right or provision of the
Creator Terms and Conditions shall not constitute a waiver of such right or provision. The Creator Terms and Conditions constitutes the entire agreement between you and K12Leaders and govern your use of the Services, superseding any prior agreements between you and K12Leaders (including, but not limited to, any prior versions of the Creator Terms and Conditions).
WHICH MEANS: If K12Leaders chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These Creator Terms and Conditions make up the agreement that applies to you. This means that any previous agreements between you and K12Leaders don’t apply if they conflict with these terms.
7. INTELLECTUAL PROPERTY
7.1 We do not claim any intellectual property rights over the material you provide to the K12Leaders Services including Content. All material you
upload remains yours. You can remove your K12Leaders site at any time by deleting your account, we will delete your Content in accordance with our Privacy Policy.
7.2 You retain ownership over all content that you submit to a K12Leaders site, including compliance of your Content with any applicable laws or regulations.
7.3 By uploading Content, you agree: (a) to provide K12Leaders the right to display and store your Content: (b) to allow other internet users to view your Content; and (c) that K12Leaders can, at any time, review all the Content submitted by you to its Services.
7.4 You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Creator Terms and Conditions. We may also prevent access to or refuse to display content that we reasonably believe violates the law or these Creator Terms and Conditions. K12Leaders has no obligations to monitor or review any content submitted to the Services by you or any other person.
7.5 Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to K12Leaders will be owned by K12Leaders and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for K12Leaders’s use of your Feedback.
7.6 You hereby grant K12Leaders a non-exclusive right to use your trade-names, trademarks, service marks, trade dress and logos, and reasonable samples of your content to promote the K12Leaders service, which may include the co-marketing of your own offerings.
7.7 We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or (e) that you have given your consent or instructed us to disclose.
7.8 If you remove content, delete your account or if these Creator Terms and Conditions are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.
WHICH MEANS: Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
We may, from time to time, use your company name and small samples of your content for promotional purposes.
We are allowed to keep a copy of certain information if we are required to do so by law.
8. FEES
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
For a paid plan, Services will be billed in accordance with your membership level (annually or monthly). For commission-based agreements, payments will be made to you automatically via our gateway, or in aggregate net30, monthly in arrears.
Account Owners must dispute any discrepancies or errors in their invoices within 30 days of their receipt of an invoice/bill or payment.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of K12Leaders’s products and Services, including without limitation, your subscription to or purchase of K12Leaders’s ecommerce Services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
K12Leaders does not provide refunds.
WHICH MEANS: For live payment gateways, a valid credit card is required. Some paid plans will be billed every 30 days and have 2 weeks to pay. If you have a commission based plan, we will pay you either automatically through our gateway services, or in some cases, monthly within 30 days of the last day of the month.
No refunds.
9. PAYMENTS
9.1 Payments Platform. K12Leaders offers access to a payments platform through which you may process payment transactions with your students or other users (“K12Leaders Payments”). We use a third party payments processor and platform provider like Stripe Inc. (“Stripe”) to facilitate K12Leaders Payments (the “Provider”). We reserve the right to change the Provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate the K12Leaders Payments service to another Provider.
9.2 Fees. K12Leaders will collect fees on your behalf through our Services, gateway, or other means as mutually agreed to (such as purchase orders).
c. We will calculate revenue shares and commissions based on your Pricing Schedule. This may include purchase/payment transactions and credit/refund/return transactions.
9.3 Settlement of Transactions.
9.3.1 We will deposit the amounts actually received by us for transactions submitted through K12Leaders Payments (less any applicable fees and Chargebacks, defined below) into your designed bank account or by any other means that we may make available and you may select (such as monthly payments), in accordance with the payout schedule in your K12Leaders Pricing Schedule. Your payout schedule is subject to change if your K12Leaders plan changes.
9.3.2 You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history. Failure to notify us of such an error in accordance with these Creator Terms and Conditions will be deemed a waiver of any right to amounts owed to you.
9.3.3 We may delay settlement if we need to conduct an investigation or resolve any suspicious activity or pending dispute related to any transaction or your account, for the entire time it takes for us to do so. We also may defer settlement or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
9.4 Chargebacks.
9.4.1 The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed by one of your students or other users, (b) is reversed for any reason by a payment card network (defined below), our Provider, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Creator Terms and Conditions. We will charge you a fee of $25 for each Chargeback.
9.4.2 For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization or our Provider from your bank account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay settlement of future transactions. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Creator Terms and Conditions until such time that (a) a Chargeback is assessed due to a user’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the user may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any amounts due to K12Leaders under these Creator Terms and Conditions that are unpaid by you.
9.4.3 If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve (defined below) in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying settlement and (d) terminating or suspending your access to the K12Leaders Payments or other Services.
9.4.4 Any bank account or payment card information may be held by K12Leaders in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating K12Leaders Payments or any other Service offered under these Creator Terms and Conditions.
9.4.5 Reserve. We may at any time in our discretion designate an amount of funds that you must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under these Creator Terms and Conditions. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of K12Leaders Payments or other Services. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our Provider may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under these Creator Terms and Conditions or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under these Creator Terms and Conditions, including without limitation for any reversals of deposits or transfers made to your bank account.
10. REFUNDS AND RETURNS
10.1 We may process returns, and provide refunds and adjustments, for your goods or services through K12Leaders Payments in accordance with these Creator Terms and Conditions and any applicable payment card network rules or our Provider’s terms. Payment card network rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a card sale, unless required by law and (d) not accept cash or any other item of value for preparing a card sale refund. You are responsible for knowing and adhering to the payment card network rules applicable to you, and K12Leaders will not be liable for any violation by you of the payment card network rules.
10.2 The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the user for postage that the user paid to return merchandise, if applicable. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the user, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your user’s card. Transaction fees are also refunded, so the full purchase amount is always returned to your user.
10.3 Customer Service. Even if K12Leaders handles disputes, Chargebacks or refunds on your behalf through K12Leaders Payments, you are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, , rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from K12Leaders. As between you and K12Leaders, you are solely responsible for customer service issues relating to your account.
WHICH MEANS: K12Leaders will accept payments and process refunds for your students. You will receive payouts on your payout schedule (based on your current K12Leaders plan or pricing schedule) and we will pay you a fee for each payment/refund transaction that goes through our platform. If we suspect fraud or misuse on your account, we may suspend your payout and we may require you to keep a float on reserve to cover your transaction fees.
In some cases we may arrange for a processor to process credit and debit card payments with the payment networks and you will have to agree to the processor’s terms and conditions as well as the payment network rules. Even if you use our Services, including our K12Leaders Payment, you are still responsible for customer service for your students.
11. CANCELLATION AND TERMINATION
You may cancel your account at any time by emailing
[email protected] and then following the specific instructions indicated to you in K12Leaders’s response.
Once cancellation is confirmed, all of your Content will be immediately
deleted from the Services. Since deletion of all data is final please be sure
that you do in fact want to cancel your account before doing so. If you
request that your Content be deleted, K12Leaders will not be held responsible
for any data that is lost. As noted in section 7, above, if you remove Content,
we may retain a copy of necessary to meet our legal and compliance
obligations.
If you cancel the Services in the middle of the month, you will receive one
final invoice via email. Once that invoice has been paid you will not be
charged again.
We reserve the right to modify or terminate the Services for any reason,
without notice at any time.
Fraud: Without limiting any other remedies, K12Leaders may prevent you from
creating an account or suspend or terminate any account that you create if
we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in
connection with the Services.
Which meansTo initiate a cancellation, email
[email protected]. K12Leaders will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted and we are allowed to keep a copy, as required by law.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
12. MODIFICATIONS
Prices for using K12Leaders are subject to change upon 30 days notice from
K12Leaders. Such notice may be provided at any time by posting the changes to
the K12Leaders Site (K12Leaders.com) or the administration menu of your K12Leaders site via an announcement.
K12Leaders reserves the right at any time to modify or discontinue the Services
(or any part thereof) with or without notice.
K12Leaders shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Services.
Which means We may change or discontinue the Services at anytime, without liability.
WHICH MEANS: Experts are not employees of K12Leaders and we are not responsible for them.
13. Digital Millennium Copyright Act
13.1 General PolicyK12Leaders has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is K12Leaders’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue Services to repeat offenders.
13.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the K12Leaders web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that K12Leaders is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
13.3 Once Proper Bona Fide Infringement Notification is Received by K12Leaders’s Support Team
It is K12Leaders’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to K12Leaders. If no counter-notice complying with Section 14.4 below is supplied, the infringing content will be removed from the system.
13.4 Procedure to Supply a Counter-Notice to K12Leaders
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content
from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to K12Leaders’s Support Team listed below:
• A physical or electronic signature of the Content provider or user;
• Identification of the Content that is claimed to be infringing;
• A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
• Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which K12Leaders is located, and that such person or entity will accept Services of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by K12Leaders’s Support Team, K12Leaders will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
13.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact K12Leaders’s Support Team to submit a Notification of Claimed Infringement at the following address:
Name – K12Leaders.com, Attn: Copyright Infringement
Email –
[email protected]
Address – 90 Main St. Suite 6 Andover, MA 01810
WHICH MEANS: K12Leaders respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our customers is infringing your intellectual property rights, you can send K12Leaders a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.
