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Terms of Use

Introduction
Sketchpad Sketch Exchange (the "Sketch Exchange") offers users of The Geometer's Sketchpad® a platform to post and review Sketchpad documents and activities. The Sketchpad Sketch Exchange Forum (the "Forum"), part of the Sketch Exchange, offers Sketchpad users the opportunity to post questions and exchange information with other members of the Sketchpad community. All references to the Sketch Exchange in the Terms of Use also apply to the Forum.

1. Definitions
"User" means any person using the Sketch Exchange.

"Member" means any User who registers for Sketch Exchange. Membership registration in Key Online is required to post content, reviews, questions, and information on the Sketch Exchange.

"Screen Name" means the screen name chosen by a Member when creating his or her membership account on the Sketch Exchange. A Member's Screen Name is considered "public," meaning that it will be visible to others on the Sketch Exchange.

"Private Information" means certain personally identifiable information disclosed by a Member when creating a membership account on Key Online, such as first and last name, telephone number, email, mailing address, and password.

 "Posts" means any member-published materials on the Sketch Exchange, including but not limited to Sketchpad activities, sketches, videos, images, and forum posts.

"Key" refers to the Key Curriculum Press, the publisher of The Geometer's Sketchpad and the owner and operator of the Sketch Exchange.

"Key Content" means content published on the Sketch Exchange by Key Curriculum Press, including but not limited to activities, sketches, videos, images, and other like material.

2. Key Online Accounts
 In order to become a Member of the Sketch Exchange, you must register for a free account at Key Online, which is membership-based online community for teachers, administrators, and other educators. This account will be a password-protected account with your email address as login ID. Sketch Exchange Members will designate a public screen name ("Screen Name"). A Key Online account enables access to Sketch Exchange and to other free and subscription services offered by Key Curriculum Press. 

3. Changes to Terms of Use
Key reserves the right to modify the Terms of Use ("TOU") from time to time at our sole discretion. Key may amend the TOU to incorporate additional rules and policies as may be established by Key. If we make changes to the TOU, we will post such changes on the Sketch Exchange for the general public. 
4. Children and Minors 
By using the Sketch Exchange, (1) you represent and warrant that you are at least 18 years of age, or an emancipated minor, and are fully able and competent to understand, assent to, and abide by the TOU; or (2) if you are under 18 years of age and not an emancipated minor, you represent and warrant that you are using the Sketch Exchange with the supervision and consent of your parent or legal guardian who is at least 18 years of age, or an emancipated minor, and who is fully able and competent to understand, assent to, and abide by the TOU. Minors who use the Sketch Exchange are assumed to have parental or guardian supervision and consent.

Membership in Key Online and the Sketch Exchange is restricted to teachers, administrators, and other educators. If we discover that any registration or Member Post is made by an unsupervised minor, such registration or Post will be immediately and permanently canceled and removed from the Sketch Exchange, with or without notice.

5. System Requirements
Sketch Exchange is dependent on ever-changing technology that varies from computer to computer—computer hardware, operating systems, Web browsers, and Internet connectivity hardware and software. Key does not guarantee access from all computers or with all browsers. The performance of Sketch Exchange varies with the speed of individual computers and the speed of the web connectivity. Key makes no warranties as to Sketch Exchange's performance or its compatibility with the computer hardware, networking software, or connectivity software. Key makes reasonable efforts to maintain, support, and enhance Sketch Exchange. Users agree to accept and use the technology "as is."

6. Liability Release
Users agree to release Key from liability for technical, operational, instructional, and other problems that arise in the course of using Sketch Exchange and the content hosted within Sketch Exchange.

7. Reservation of Rights by Key Curriculum Press
Your use of the Sketch Exchange is a privilege, and NOT a right. Accordingly, Key Curriculum Press expressly reserves the following rights: 

1. the right to suspend, revoke and terminate your privilege to use the Sketch Exchange at any time and with or without notice, should you violate the TOU or any applicable law (please note that a violation of the TOU by anyone using the Sketch Exchange under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent), 
2. the right to terminate the membership account of any Member who is determined by Key to be a repeat copyright infringer and to deny re-registration by such User;
3. the right to suspend, delete, remove, block, disable and deny access to any Member Posts at any time, for any or no reason, and with or without notice, including, without limitation, Member Posts which, in the sole judgment of Key, violate the TOU or any applicable law, or may expose or subject Key to claims or liabilities of any kind, or may adversely affect the reputation or goodwill of Key, or may pose threats, danger or harm of any kind to the Sketch Exchange, The Geometer's Sketchpad, Key, or other Members and Users;
4. the right to investigate any violation or suspected violation of the TOU and cooperate with law enforcement authorities and/or third parties in such investigation; 
5. the right to preserve and disclose any and all of your Profile information (including your Private Information) if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Member Posts violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of Key, Users and Members of the Sketch Exchange, and/or the public; and
6. the right to disclose and share your Profile information (including your Private Information) as permitted under the terms of our Privacy Policy.

8. Responsibility For Member Posts 
All Sketch Exchange Posts are the sole responsibility of the Member or Members from whom such postings were originated. This means that you, and not Key, are entirely responsible for all Posts made by you. You acknowledge and agree that: 
1. Key may, but has no obligation to, pre-screen, review, edit or monitor any Posts; 
2. Key does not direct or control Posts and makes no representation or warranty whatsoever as to the accuracy, integrity, validity or legitimacy of any Posts;
3. the Sketch Exchange is a public forum and there is no reasonable expectation of privacy by any User when accessing public areas on the Sketch Exchange; 
4. for any Private Information that you choose to publish, have published, or otherwise share with others on the Sketch Exchange, you are deemed to have expressly waived your right and expectation of privacy for such information; 
5. under no circumstances will Key be responsible or liable for others' use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the Sketch Exchange.

9. User Conduct
1. Users shall use Sketch Exchange only for lawful purposes. Members shall not Post any materials on Sketch Exchange that violate or infringe in any way upon the rights of others. 
2. Members shall not use Sketch Exchange to advertise or perform any commercial solicitation. Key has the discretion to remove any Posts that are determined to inhibit the enjoyment of the site by other users. 
3. The Sketch Exchange contains copyrighted material, trademarks, and other proprietary information, including (but not limited to) text, images, videos, and documents. User may not modify, publish, transmit, sell, or create derivative works except as expressly permitted in the applicable license. 
4. Users may not make any changes to content attributions, trademark legends, or copyright statements except as expressly permitted in the applicable license. User agrees that it does not acquire ownership rights beyond those stated in the applicable license by downloading copyrighted material.
5. All materials and information posted by a Member to the Sketch Exchange shall be subject to the terms and conditions of the appropriate license. The Member must select one of the Creative Commons Attributions licenses for posted materials. For more information on Creative Commons licenses, see http://createcommons.org/about/licenses/meet-the-licenses. 
6. Members shall not post any materials on the Sketch Exchange that are protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or proprietary right. The Member has responsibility to determine that the posted materials are not protected by copyright. The Member will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or other harm resulting from posting protected materials, and hereby agrees to indemnify, defend and hold harmless Key for any and all claims, liabilities, damages, and expenses arising from such infringement, including, but not limited to attorney's fees.
10. Privacy and Security
All Member Posts will automatically be linked to that Member's Username. This means that whenever you make a Post (including a Forum Post) on the Sketch Exchange, your Username will be visible to others in connection with that posting. 
Subject to the reservation of rights set forth in Section 7 above, Key does not publish or share with others a Member's Private Information. However, you acknowledge and agree that, for any Private Information that you choose to publish, have published, or otherwise share with others on the Sketch Exchange, you are deemed to have expressly waived your right and expectation of privacy for such information, and you do so solely and entirely at your own risk. Under no circumstances will Key be responsible or liable for others' use or misuse of any information or data that you choose to publish, have published, or otherwise share with others on the Sketch Exchange.
Key will use reasonable efforts to safeguard your Private Information in Key's possession or control against unauthorized access and disclosure. However, you understand and acknowledge that no data transmission over the Internet and no data storage can be 100% secure. Consequently, Key does not warrant or guarantee the security of any information you transmit to, from or on the Sketch Exchange. We will notify you in the event we become aware of a breach or suspected breach of the security of your Private Information stored by us. It is also your responsibility to safeguard your Private Information. Please be sure to log off from your account and close your browser at the end of each session. Special caution should be exercised when accessing your account from a public or shared computer. You agree to promptly notify Key upon knowledge of any unauthorized access or disclosure of your Private Information or of any breach of security involving your account. 

11. Limits Regarding Data Storage
You understand and acknowledge that Key may from time to time establish and update rules and limits concerning storage of Member Posts on the Sketch Exchange and on its server(s), including, without limitation: (1) limits on the file size of each posting; (2) limits on the disk space that will be available for use by a Member on Key's server(s); (3) the maximum number of days for which a posting will be retained by the Sketch Exchange; (4) the maximum number of postings that may be sent from or received by a Member account at a given time; (5) the maximum number of times (and the maximum duration for which) you may access the Sketch Exchange in a given period of time; and (6) the maximum duration for which the Sketch Exchange may allow a Member's log-in session to remain idle or inactive (i.e., how long before Key may terminate such a session).
You acknowledge and agree that Key will not be responsible or liable for the deletion or failure to process or store any Member Posts where such deletion or failure is caused by: (1) Key protecting the Sketch Exchange and its server(s) from data overload, or Key complying with rules and limits established by our service providers; or (2) you failing to comply with any rules or limits established by Key. 

12. Links To Third Party Websites
The Sketch Exchange may contain links to certain third-party websites. For example, we may display links to the Creative Commons webpage (where the text of the CC License is published) on the Sketch Exchange, so Users can conveniently click on those links to read the terms of the CC License. Also, Members may post links to third-party websites. Links to third-party websites are provided for your convenience only and do not constitute Key's endorsement, sponsorship, warranty or approval of such linked websites or any product, service or content offered on such linked websites. Key does not own or control such linked websites and does not warrant or guarantee that any product, service or content offered on such linked websites will be suitable for you. You access and use such linked websites entirely at your own risk. You acknowledge and agree that under no circumstances will Key be responsible or liable in any way for any errors, omissions, conduct or activity of such linked websites, or for any claims, losses, damages or injuries of any kind incurred by you as a result of your use of or reliance upon any product, service or content offered on such linked websites. 

13. Online Privacy
Key respects your online privacy and understands the importance of protecting your online privacy in accordance with federal and state laws. Please see our Privacy Statement for information regarding our online privacy practices. Our Privacy Statement constitutes an integral part of the TOU and is incorporated herein by this reference. 

14. Feedback
Key is interested in suggestions and feedback regarding the Sketch Exchange, but cannot promise to make specific changes to solve individual problems. Users should bring problems that arise in the course of using Sketch Exchange to Key's attention via the Contact Us link at the bottom of the Sketch Exchange page.

15. Verification
An individual's registration and adherence to the Terms of Use may be subject to further verification by Key. Such verification may occur prior to providing full access to the Sketch Exchange features or subsequently during the course of the use of the site.

16. Revocation
Failure to comply with these Sketch Exchange Terms of Use may result in Key revoking access to a site for a User.

17. Disclaimers
THE SITE, ALL KEY CONTENT, AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KEY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY AND ALL KEY CONTENT, AND ANY AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, KEY DOES NOT WARRANT OR GUARANTEE THAT THE SITE, ANY KEY CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE, IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. 

18. Limitation Of Liability
IN NO EVENT SHALL KEY OR ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE, ANY KEY CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE, OR YOUR USE OF (OR YOUR INABILITY TO USE) OR RELIANCE UPON ANY OF THE FOREGOING, REGARDLESS OF WHETHER OR NOT KEY AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 


19. User Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KEY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH: (1) YOUR USE OF OR RELIANCE UPON THE SITE, ANY KEY CONTENT, OR ANY SERVICE, FEATURE OR APPLICATION OFFERED ON THE SITE; (2) ANY USER POSTINGS MADE BY YOU; OR (3) YOU BREACH OR VIOLATION OF ANY PROVISION OF THE TOU OR ANY APPLICABLE LAW. KEY AND ITS AFFILIATES RESERVE THE RIGHT, AT THEIR OWN COST, TO ASSUME THE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH KEY AND ITS AFFILIATES IN SUCH DEFENSE AND SETTLEMENT. 

20. Miscellaneous
The TOU is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Any dispute arising between you and Key concerning the Site, any Key Content, any Member Posts, or the TOU shall be decided exclusively by state and federal courts located in Alameda County, State of California, U.S.A. The TOU constitutes the entire agreement between you and Key concerning your use of the Sketch Exchange. If any portion of the TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such portion shall not affect the validity of the remaining portions of the TOU, all of which shall remain in full force and effect. No waiver of any provision of the TOU shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under the TOU shall not constitute a waiver of such right or provision. 

21. Contact Us 

sketchexchange@keypress.com
1150 65th Street
Emeryville, CA 94608
510-595-7000
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