Terms of Use
Effective Date: July 28, 2023
Thank you for visiting DKP Curriculum, a software service provided by RTI International and managed by The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University. DKP Curriculum, located at curriculum.democraticknowledgeproject.org (the “Product”) is an online portal for teachers, allowing access to project-based learning courses to its registered users. DKP Curriculum offers a variety of tools and services, including Curriculum, where users can access, view, download, progress through, and complete various educational curricula, and Groups, where users can interact, post messages, and share files with other users that are members of the same group (collectively the “DKP Curriculum Services”). By accessing the Product or using the DKP Curriculum Services, you acknowledge and agree to accept the following Terms of Use (“Terms”) pertaining to the use of the Product and the DKP Curriculum Services. These Terms constitute a binding legal agreement between you and The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University.
Your visit to this Product and use of the DKP Curriculum Services is subject to these Terms. By visiting the Product or using the DKP Curriculum Services, you agree to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up-to-date Terms will be provided at the top of each document, respectively. Any such changes will be effective upon posting. If you do not agree with these Terms, you should not use the Product.
These Terms do not apply to the The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University website, https://www.democraticknowledgeproject.org/.
1. Using DKP Curriculum and User Account
You are responsible for your use of the DKP Curriculum Services. All use of the DKP Curriculum Services must be in compliance with these Terms and all applicable laws. When you create your DKP Curriculum account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited. In order to establish a DKP Curriculum account, you must provide your real first and last name and a valid email address. You must also select at least one Course that you would like to request access to.
Your account with The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University (and use of the DKP Curriculum Services) gives you access to the DKP Curriculum Services and the functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of users. If you are accepting these Terms and using the DKP Curriculum Services on behalf of a company, organization, government, or other legal entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the DKP Curriculum Services only in compliance with these Terms, any agreement entered into by your institution relating to the DKP Curriculum Services, and all applicable local, state, national, and international laws, rules and regulations.
2. Uses of Our Site and Content
All content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Product is owned by The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, unless otherwise noted. By visiting this Product or using the DKP Curriculum Services, you agree to the following with respect to the content and information on the Product or DKP Curriculum Services (the “Content”):
- The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy and print pages from the Product for your personal, or educational, and noncommercial use only.
- You agree not to copy portions of the Product (e.g., using bots, robots, or spiders that "harvest" the Product), interfere with the functioning of the Product, or restrict or inhibit any others from using the Product.
- You will not remove or obscure any copyright or other notices or legends contained in any Content.
- You may not exploit any of the Content commercially or send or forward any Content to any third party, except as otherwise provided above, without our prior written consent.
- If you link other websites to this Product, you may not imply or suggest that The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University has endorsed or is affiliated with such websites and you may not display this Product as "framed" within another website.
- You may not (and may not encourage or assist others to) access or use the Product or Services in any way that violates any law, regulation, rule (including orders by governmental authorities) or the intellectual property or contractual rights of others, or attempt to violate the security of this Product or use or gain access to the identities, information, or computers of others through this Product.
- You may not delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of this Product.
- You may not transmit any virus, worm, time bomb, or similar system interference through this Product.
- You may not disable, override, or otherwise interfere with operation of the Product or DKP Curriculum Services, or any The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University implemented communications to end users, consent screens, user settings, alerts, warning, or the like.
- You may not attempt to cloak or conceal your identity when accessing the Product.
- You may not impersonate or attempt to impersonate The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- You may not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Product or Services, including engaging in any conduct that The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, in its sole discretion, deems may harm The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University.
- You may not place an undue burden on the infrastructure hosting the Product or Services, including via a denial-of-service attack or a distributed denial-of-service attack.
3. Intellectual Property License to You
Subject to these Terms and other applicable laws or policies (including the Privacy Policy), The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use the DKP Curriculum Services and to share the Content obtained from the DKP Curriculum Services, specifically, the Curriculum, only with your students and/or teachers, co-teachers, or colleagues, and only for educational and non-commercial purpose. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University also grants you a limited license to view and use trademarks, service marks, or logos of The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University appearing on or within any content obtained from the Product, including content obtained from the Curriculum, for educational and non-commercial purposes only. This license is subject to and conditioned upon the existence and use of a valid user account. In order to obtain this limited license, you agree that you will create, access, and/or use only one user account, unless expressly permitted by The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, and you will not share access to your account or access information for your account with any third party. Using DKP Curriculum Services does not give you ownership of or any intellectual property rights in the DKP Curriculum Services or the content you access.
4. Your Content
The DKP Curriculum Services enable you to share your content, such as files you upload, posts you make in the forums, and the like ("User Content"), with The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University and other users. You are responsible for the User Content that you post to the Product, and any consequences thereof. The User Content you submit, post, or display may be viewed by other users of DKP Curriculum Services. You may be able to control the User Content that other users of certain DKP Curriculum Services may access through the privacy options in certain DKP Curriculum Services.
You retain your rights to any User Content you submit, post, or display on or through the DKP Curriculum Services. By submitting, posting or displaying User Content on or through the DKP Curriculum Services, you grant The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such User Content in any and all media or distribution methods (now known or later developed) as part of providing any of the DKP Curriculum Services. You agree that this license includes the right for The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University to provide, promote, and improve the DKP Curriculum Services and to make User Content submitted to or through the DKP Curriculum Services available to other institutions or individuals as part of providing the DKP Curriculum Services (including after termination of your use of the DKP Curriculum Services). You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content posted via the DKP Curriculum Services, and we do not take responsibility for such User Content. Any use or reliance on any User Content or materials posted via the DKP Curriculum Services or obtained by you through the DKP Curriculum Services is at your own risk.
Further, in connection with the User Content you submit, post, or display on or through the DKP Curriculum Services, you affirm, represent, and warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the User Content, if any, to use such person’s name or likeness in the manner contemplated by any DKP Curriculum Services and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties; (c) your User Content and The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University’s use thereof as contemplated by these Terms and any DKP Curriculum Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; and (d) The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, licensing arrangement or otherwise.
5. Notice of Copyright Infringement
The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University respects the intellectual property rights of others and expects users of the DKP Curriculum Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is:
democraticknowledgeproject@fas.harvard.edu
6. Third Party Applications and Devices
The Product and DKP Curriculum Services are integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") to make the DKP Curriculum Services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University warrant the compatibility or continuing compatibility of the Third Party Applications with the DKP Curriculum Services.
7. Right to Monitor
The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University has the right (but not the obligation) to monitor this Product for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you and we may at any time revoke your right to use all or any portion of the Product. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University may investigate any complaint regarding suspected violations of these Terms, and may report any activity relating to this Product to regulators, law enforcement officials, or other persons or entities that it deems appropriate.
8. Passwords; Security
Access to certain areas of the website may require registration with both a user name and a password (“User Information”), as well as provision of certain registration information, which must be accurate. You are responsible for maintaining the confidentiality of your User Information. You agree not to use another person’s User Information or select User Information: (a) with the intent to impersonate another person; (b) in violation of the intellectual property rights of another person; or (c) that The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, gender, language, religion, political belief, national or social origin, property, birth, or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University. Failure to comply with the foregoing shall constitute a breach of the Agreement, which may result in immediate suspension or termination of your User Information. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University will not be liable for any loss or damage arising from your failure to comply with these obligations. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University reserves the right to delete or change User Information at any time and for any reason. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University will not be liable for any content you post on the Product or the DKP Curriculum Service.
9. Termination
We may suspend or terminate your accounts or cease providing you with all or part of the DKP Curriculum Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the DKP Curriculum Services is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate.
Further, if you stop using the DKP Curriculum Services for more than 720 days, your accounts may be deleted and The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University assumes no responsibility for Content deleted following inactivity. If you wish to delete your DKP Curriculum Services account in its entirety, you may contact us via democraticknowledgeproject@fas.harvard.edu and specify which The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University account you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law.
Nothing in this Section shall affect The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University’s rights to change, limit, or stop the provision of the DKP Curriculum Services without prior notice.
10. International Use
The Product is operated and controlled by us in the United States, and the Content provided in or accessible through the Product is, unless otherwise specified, directed at residents of the United States. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University makes no claims that the Content or the Product are appropriate or may be viewed or used outside the United States. Access to the Product from countries or territories where such access is illegal is prohibited. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University makes no representations that the transactions or services discussed on or accessible through the Product are available or appropriate for use in all jurisdictions or by all users. Those who access the Product from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules, and regulations.
11. Linked Sites
The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University does not review or monitor any websites linked from or to the Product and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University expressly disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Product. You hereby release and agree to hold The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University harmless from any and all liability arising from your use of any third-party website or service.
12. Transmission To and From the Product
Any communication that you send to the Product is and will be deemed to be non-confidential as between you and other users or you and us, and The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University will be free to use (or not use), modify, reproduce, and distribute such communication for any purpose without compensation to you.
13. Disclaimers; Limitation of Liability; Indemnity
The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, its affiliates, and their respective officers, directors, managers, partners, members, shareholders, employees, volunteers, affiliates, and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Product, DKP Curriculum Services, and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. Your use of the Product, the DKP Curriculum Services, and the Content is on an “as is” and “as available” basis. The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University and its affiliates do not warrant the accuracy, adequacy, or completeness of the information and materials contained on this Product, in the DKP Curriculum Services, or in the Content, and we expressly disclaim all liability for errors or omissions in such materials or information.
To the fullest extent allowed under applicable law, in no event shall The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, its affiliates, or their Related Persons be liable to any party for any claims, liabilities, losses, costs, or damages under any theory, including, but not limited to, any direct, indirect, punitive, special, incidental, or consequential damages arising out of, or in connection with, any access, use (or inability to use), or distribution of the Product, or any Content therein. This is true even if The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University has been advised of the possibility of such damages or losses.
To the fullest extent allowed by applicable law, you agree to indemnify and hold The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Product, DKP Curriculum Servicers, or Content, or (b) your violation of these Terms.
14. Miscellaneous
To the extent permitted by applicable law, your use of the Product constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures, or other information in connection with the Product or materials or services provided (collectively referred hereafter as “Notices”) electronically. We will provide such electronic Notices by posting them on the Product and/or through email or other electronic means (if we have your contact information). The delivery of any such Notice is effective when posted, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Product.
You and The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University agree that these Terms are the complete and exclusive statement of the mutual understanding between you and The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University and supersede all prior agreements and understandings relating to such subject matter.
15. Governing Law; Waiver
The laws of the State of California govern these Terms, without regard to conflicts of law provisions thereof.
If any provision of this agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.
The failure of The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. Any waiver of this agreement by The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University must be in writing and signed by an authorized representative of The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University.
If you have any questions or comments about these Terms, please contact us at:
The Democratic Knowledge Project at the Edmond & Lily Safra Center for Ethics at Harvard University