Curriculum Square Terms & Conditions
The following represent the legally binding Terms and Conditions (“T&C”) of CURRICULUM SQUARE (“C2” ), which govern the relationship with Creators, Sellers, Vendors, Customers, Purchasers, and Visitors, (collectively referred to as “Users”) of this website and the requirements and rules about all current and future C2 Sites.
Please be aware that C2 requires the use of binding arbitration in the event of any dispute between you and C2. Please review Section 10.1 as it affects your rights.
C2 is an open forum and online marketplace for creators of original home and group school curriculum content (“Content”). Content may include digital files, videos, physical goods, or sites. C2 does not own or sell content for, or on behalf of, Creators unless there is a specific agreement in place or C2 specifically purchases content from the Creator.
By using Curriculum Square (“Site”), you agree to follow the T&C herein and any other policies which are incorporated as part of the T&C.
- User Accounts
1.1 ACCOUNT ELIGIBILITY & AUTHORIZATION
To use this Site as a Buyer (Customer) or Seller (Creator), you must create a user account (“Account”). Only individuals 18 years of age or older are eligible to create an Account. By registering for an Account, you represent and warrant that you are at least 18 years old and that the information you provide is your true identity and contact information. As this Site depends upon the trust of its Users, we may require verification of your identity to confirm or maintain your account. By creating an account, you warrant that you have legal authority to bind the purchase or sale of any Content.
1.2 ACCOUNT INFORMATION
When creating an authorized account, you will be required to create a login username and password, and it is your responsibility to keep your login information confidential and you’re responsible for any and all activity that occurs with your account whether or not authorized by you. If you believe that your Account has been compromised in any way, please email curriculumsquare@gmail.com.
1.3 ACCOUNT PRIVILEGES
With a verified C2 account you are able to both submit Content for sale, per the T&C for selling Content, or purchase Content, per the T&C for purchasing Content. As a purchaser of Content, you can make purchases, download free and purchased Content, post Feedback, questions, comments, requests, or submit requests for custom products. As sellers of Content, you can upload and sell Content and access additional information and communication features.
A User Account representing a school or other organization is still an individual Account, and the Account holder warrants he or she is authorized to purchase or sell Content on behalf of the organization, as previously described.
1.4 FEES
Creators are responsible for paying the one-time Seller Setup Fee of $97.00 prior to submitting Content. Once payment is received and the Account is verified, the Creator will be contacted to begin the process of submitting Content for review and approval. All Content must go through the C2 editor. Creator’s initial Content is covered under the $97.00 Seller Setup Fee. Subsequent Content must be submitted to C2’s editor and will be billed at the rate of $25 per hour. This amount may change without notice. By selling Content on the C2 online marketplace, you (the Creator) understand and agree that C2 will retain 30% of the final list price for each Content item sold. C2 will remit the net Seller proceeds of 70% (“Proceeds”) directly to the Account holder within 30 days of the sale of the Content, per the Terms of Payment in section 5. Payment usually happens the same day of sale.
No fees are required to purchase Content. When you purchase Content on C2, you will be charged (in U.S. Dollars) the list price for each item as well as applicable state and local sales taxes, and any S&H fees associated with your order. When ordering Content, you warrant that your billing information is correct and you authorize the Vendors and C2 to collect payment and applicable sales tax for orders in states that require tax. Note that where sales tax applies to your order, the amount of tax due will be estimated at checkout and may differ from the final sales tax amount that will be charged when your order is processed. Where sales tax is not collected, you are solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.
C2, at its sole discretion, may make changes to the Fees and Seller Proceeds at any time and will notify Users via the registered email address, in advance of any Fee changes. Users who sell Content are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Site.
1.5 RELATIONSHIP
These T&C represent the entire Agreement between you and C2. Becoming a User with a registered Account, does not create an agency, employment, or partnership relationship between you and C2. C2 is not the employer of and does not act as an agent for any Member.
1.6 ACCOUNT CLOSURE
C2, at its sole discretion, may close or suspend the User’s Account at any time for any reason, with or without notice. You have the right to close your User Account at any time, without notice to us. You can close your Account by emailing curriculumsquare@gmail.com. Note that after your account is closed, you will no longer have access to your Account, any previous purchases, or other information related to your Account. However, any posts or communications you have previously posted on the C2 site will not be removed. Once your Account is closed, your Content (if any), will be removed from the Site and no longer searchable or available for purchase.
C2 may change, suspend, or discontinue its Site and business Site at any time with or without notice to you. Any suspension or discontinuation of our Site may mean that that your Account, including any Content or other materials you may have purchased from our Site, may no longer be available to you, and C2 is not liable to you for any impact the discontinuation of our Site may have including the loss of access to any Content that may have purchased, or loss of income from your inability to sell Content through our Site.
- Being part of the C2 Community
2.1 GENERAL COMMUNITY GUIDELINES
As a User of our Site, you are required to follow our General Guidelines, which we may modify from time to time at our sole discretion. If we find that you are not in keeping with these Guidelines, we may take disciplinary action against your Account, including removing your Content, suspending or terminating your Account, issuing a refund to your Buyer, or other action that we deem necessary.
2.2 COMMENTS, RATINGS & REVIEWS
Users are encouraged to provide honest and fair feedback ratings and reviews of Content purchased or downloaded (“Feedback”). Any Feedback left should reflect the honest experience with using the Content as intended. We may remove Feedback for any reason, at any time, without notice and we may ban Users from leaving future Feedback. C2 has the right to monitor any activity and Content associated with our Site. We will review any complaints or reported violations of our policies and may take necessary action to maintain a valuable and trusted Site.
- Content Policy
3.1 CONTENT CREATION
All Content promoted for sale on the C2 Site belongs to each individual Creator, including all intellectual property rights. Selling on C2 represents another form of distribution of Creator’s Content. It does not mean that C2 is the exclusive means of distribution. C2 requires that the price of Creator’s Content is the same or lower than anywhere else listed.
With the purchase of Creator content, Creators grant Customers a de facto license to use such Content for Customer’s limited use as described in this section. Likewise, when you purchase Content, you are purchasing permission to use the Content in accordance with this Content Policy (“Policy”). All downloadable and digitally consumed Content can only be used in accordance with this Policy.
Your use of any Content, whether the content is purchased by you, transferred to you by your Organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this Content Policy and you agree to comply with this Policy as well as any additional requirements which the Seller may impose as a condition of sale, and provided the Seller’s conditions to not conflict with this Policy, in which case these T&C and this Policy will supersede Creator’s conditions.
3.2. INDIVIDUAL PURCHASES
An Individual Purchase is assigned to a single specific individual customer (e.g. one specific teacher) for that customer’s individual use, either limited or in perpetuity. Individual purchases are non-transferable and may not be used by or reallocated to a different individual. Under an Individual Purchase, the Creator grants to the Customer, for use by one purchase, a non-exclusive, perpetual, irrevocable, non-transferable, worldwide use of the Content for the purposes and under the conditions described below. The Creator may grant additional rights at their discretion.
As a Creator of Content, you are permitting the Purchaser of your Content to:
- a) Use the Content for personal, educational, and instructional use only (“Personal Use”), for individual study, and to teach students.
- b) Print and make copies of downloadable Content as necessary for Personal Use. Copies may be made and provided to students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or co-op or school administrators for review purposes only. Hard goods and video Content may not be copied, shared, or otherwise reproduced.
Unless otherwise expressly permitted by the Creator:
- a) You, the customer, may not use the Content, in part or in whole, for commercial purposes. This means you cannot resell it, use it for advertising or marketing purposes, or use it in any other way that creates a profit or benefit to you.
- b) You may not post or otherwise make the Content available on any website.
- c) You may not share, send, sell, or transfer the Content to someone else for their own Personal Use unless you make an additional purchase for each additional individual you will share it with. Each Individual purchase is for use by one person only.
3.3 ACCESS
C2 cannot guarantee continuous access to any Content through our Site. For example, if at any time, C2 stops hosting a Content for any reason or you or C2 terminates, suspends, downgrades, or otherwise limits your Account or access to C2’s Site, your ability to access the Content through our Site may be terminated. It is your responsibility to maintain and store a copy of downloadable Content on your device to ensure future access. If you purchase access to a Content in the format of streaming video or other non-downloadable formats, your usage will expire if you or C2 closes your account, or if C2 stops hosting the Content for any reason.
- Intellectual Property
4.1 C2 SITE CONTENT
Except for Content uploaded or posted by Sellers, all other features and functions of the Site are owned or controlled by C2. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights of C2.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any purpose without our express written permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.
4.2 YOUR CONTENT
As a Content provider or Seller, you will retain all ownership and intellectual property rights of your Content. C2 does not take or claim any ownership (copyright, trademark, or otherwise) over your Content, nor represent and guarantee any and all claims you make related to your Content.
When you upload Content to our Site, you grant to C2 limited rights to store, use, and display, and provide access to the Content as necessary to provide our Site, such as to display your Content in search results, to make your Content available for download, and to display and promote your Content on CurriculumSquare.com, through email, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Site to you and our other Users.
4.3 INTELLECTUAL PROPERTY VIOLATIONS
We respect the intellectual property rights of others and expect the same from all of our Users. No User may use in their curriculum or post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else, and it is our policy to close the Accounts of Users who violate this policy. We comply with the Digital Millennium Copyright Act (DMCA) and other laws governing the use of intellectual property. If you believe your Intellectual Property Rights have been infringed, please contact us at curriculumsquare@gmail.com and we may or may not, at our sole discretion, take whatever action that is in our control.
- Payment, Earnings, & Payouts
5.1 PURCHASES
We may offer a variety of payment methods to facilitate purchases, such as a credit and debit card, PayPal Account, or other methods. We accept payments in United States Dollars (USD) only. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
5.2 REFUNDS
When you list Content or make a purchase on the C2 online marketplace, you agree that all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our normally accepted Refunds. Sellers may authorize a full or partial refund for any reason by contacting us.
When you purchase Content on the C2 marketplace, you represent and warrant that you are authorized to make the purchase and to use the payment method and billing information you have provided. You further agree that C2 may charge your payment method the amount due, which will be in U.S. Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
5.3 DISPUTES
Failure to pay as promised may result in late fees being charged, Content being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you have disputed a charge related to a Content purchase made from your C2 Account, we may, at our sole discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Content from your Account temporarily, or, if a refund is ultimately issued, permanently. At our discretion, we may take further action against your Account.
5.4 EARNINGS
Creators retain 70% of the list price of each Content they sell through our marketplace, which represents the Creator’s earnings, less any transaction fees that may apply, and increased by the full amount of any shipping and handling fees charged. Earnings are paid in “Payouts” according to the schedule described in this Section.
5.5 PAYOUTS
To issue Payouts, we work with third party companies which process and transfer funds between us and you, the Creators (“Payments”). To receive Payouts, Creators must have an Account capable of receiving payments with a supported Payment Site (“Payout Account”). The provider we currently work with is Paypal. It is the responsibility of the Creator to monitor sales and payments. Due to the nature of e-commerce, there may be payment issues from time to time. If you have questions about the status of your Payout Account, please reach out directly to us and to PayPal to resolve the issue as soon as possible. We make no guarantees about the Site offered by any third party companies including the current or any future Payment Site we may support, and we are not responsible for any payment delays or other complications caused by Payment Site. We may, at our discretion, modify the list of supported Payment Sites at any time, discontinue support for an existing Payout Site, or make additional Payout options available.
Schedule. Payouts are issued directly, through PayPal, upon sale of content. For example, once a sale has been made, payment is issued (minus the fees) to the Creator. We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these T&C. After the matter is resolved, we will either refund the withheld sales or complete the Payout.
Payment Site Fees. Payment Site may assess transaction fees when we transfer your Payouts to you. An amount equal to the transaction fee assessed to us by the Payment Site will be deducted from your Payout . These transaction fees are subject to change at the discretion of the Payment Site. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
5.6 SALES TAX
You are responsible for the collection and/or payment of any Sales Tax you may owe. C2 will issue a 1099 no later than January 31st of each year. These will be sent out to Creator’s who have a current W-9 on file with C2.
- Your Privacy
Your personally identifiable data and privacy are very important to us. By using C2 Site, you agree that we may use such data in accordance with standard privacy policies. C2 does not control nor is responsible for the Content posted by Users, including any disclosures of personal information by Users.
- Indemnity
You agree to indemnify, defend, and hold harmless C2 its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Site, including but not limited to any breach of these T&C, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
- Limitation of Liability & Warranty Disclaimer
C2 is committed to providing consistent access to its site and constantly working to improve our Site for all Users. We may update or change available functionality at any time. We make no guarantees to Sellers or other Users respecting the availability of any Content listings offered in the marketplace. We make no guarantees about how much any Seller may earn or whether the level at which a Seller is earning is likely to continue into the future.
Users agree that the site is provided on an “as is” basis and “as available” basis. CR (including its contractors, officers, directors, agents, and affiliates) disclaims any warranty of any kind, express or implied, with respect to your use of the site. We make no guarantees respecting the availability of the site, the security of the site at any particular time or from any particular location. The correction of any defects or errors, existence of any viruses or other harmful materials, or any other guarantees.
Users agree that C2 (including its contractors, officers, directors, agents, and affiliates) 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, reputation, use, data, or other intangible losses, resulting from: (I) the access to, use, or the inability to access or use the site; (II) the cost of procurement of substitute goods and site resulting from any goods, data, information, or site purchased or obtained or messages received or transactions entered into through or from the site; (III) unauthorized access to or alteration of your transmissions or data: (IV) statements or conduct of any third party on the site; or (V) any other matter relating to the site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. C2’s liability to you or any third party shall be limited to (A) the total amounts paid by you to Curriculum Square during the twelve (12) months prior to the claim or action allegedly giving rise to such liability, or (B) one hundred dollars ($100.00 USD), whichever is the lesser amount.
Content. The Content and Communications on our Site are uploaded or posted by our Users. C2 does not produce, approve, post, or upload Content or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Users who posted the Content and do not reflect the opinions, or the official policy or position of C2 . C2 makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.
Interactions with other Users. You may have the ability to communicate, interact, or otherwise connect with other Users through our Site. It’s your responsibility to take precautions when sharing any information about yourself with another Member or anyone else, and you release C2 from any liability that may arise out of your interactions with another Member of our Site.
Third Party Content. As you use our Site, there may be links, ads, or other ways for you to visit other websites not owned or controlled by C2. When you access third party websites, you do so at your own risk. C2 cannot and does not make any representations or warranties about other websites or Site.
Third Party Site. The Site may permit you to link to other websites, or use other Site or Content on the Internet in conjunction with our Site (“Third Party Site”), and Third Party Site may contain links to the Site. When you access Third Party Site, you do so at your own risk. Third Party Site are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Site available on or through any such Third Party Site.
- Changes to these T&C
We may make changes to these T&C from time to time. Whenever changes are material to you, we will attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Site. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Site, or we may use other communication methods to reach you. The notice will include the date on which the changes will be effective. Continuing to use our Site after the changes go into effect serves as your acceptance of the changes.
- Other T&C
10.1 DISPUTES WITH C2
In the case of a dispute between you and C2 arising out of these T&C or your use of our Site, the following rules will apply.
Binding Arbitration. You and C2 agree that any dispute arising out of or relating to these T&C or your use of our Site will be settled through binding arbitration. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the arbitration rules. To the extent permitted under arbitration rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND C2 EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis.YOU AND C2 EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Washington County to protect the party’s intellectual property rights pending completion of the arbitration.
Governing Law. These T&C are governed by the laws of the state of Utah, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
Venue. C2 is located in Utah, with our headquarters in Washington. Any dispute subject to Binding Arbitration will take place in Washington County, Utah. For any other judicial action that may arise between you and C2 , or for which our Binding Arbitration clause is found not to apply, both you and C2 agree to submit to the venue and personal jurisdiction of the state and federal courts located in Washington County, Utah.
10.2 NO WAIVER
Any failure by C2 to enforce any right or provision of these T&C does not constitute a waiver of that right or provision and will not limit our right to act or enforce these T&C against subsequent or similar breaches.
10.3 SEVERABILITY
If any part of these T&C is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the T&C, and will have no impact on the enforceability of the remainder of these T&C.
10.4 GOVERNMENT AGENCIES & PUBLIC ENTITIES
If you are a federal, state, or local government or government agency in the United States and are using C2 in your official capacity, the following amendments to these T&C apply:
Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Site only to the extent that they are inconsistent with federal laws or regulations.
C2 will not use your name, seals, trademarks, or the fact that you’re a member of our Site to purposefully state or imply an endorsement of our Site. C2 will use your name, seals, trademarks, and the fact that you’re a member of our Site as necessary in the regular operation of our Site and to deliver our Site to you and to other Users.
State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Site only to the extent permitted by your jurisdiction’s laws.
- Survival of T&C
The following provisions survive if you cease using our Site or your Account is closed by you or by C2 for any reason:
- Visitors. If you continue to access our Site as a Visitor, any T&C that apply to Visitors still apply to you.
- Intellectual Property Rights. You still have to respect our intellectual property rights as described in Section 4.A, and if you’ve posted Content, you’re bound by Section 4.B.
- Rules for Listing Content. If you’ve sold Content, our rules requiring continued access to your Content for Users who have previously purchased or downloaded them still apply. This means, if you’re hosting any Content content through a third party, access through that third party host must be maintained.
- Rules for Purchasing and Downloading Content. After your Account is closed, you have to follow the rules about how you can use Content you’ve purchased or downloaded and who you can share them with, see also our Refund Policy, and our Payment Disputes policy in section .
- Earnings and Payouts. Any final Payouts due to you are subject to these T&C and will be paid in accordance with Section 5.
- Disputes with C2 . Any legal action that might arise between you and C2 related to your use of C2 is governed by the provisions of Section 10.A of these T&C.
- Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 7 and Section 8). C2’s warranty disclaimer remains in effect, you can’t hold C2 liable for losses or damages due to your use of C2, and you still have to defend C2 against legal action arising from your use of the Site.
- How to Contact Us
You can reach us by emailing curriculumsquare@gmail.com.
