Terms of Service Agreement
This Terms of Service Agreement (this "Agreement") describes the terms and conditions by which Study.Net Corporation (“Study.Net,” "we," "us," or "our"), a California Corporation, provides its products and services (collectively, the “Services”) to you as a registered user (“Student,” “Instructor,” “Coordinator,” “User,” or “you”) and permission to use this website https://www.study.net (the "Website" or “Site”).
Please read the Agreement carefully and print a copy for your records.
By registering as a User, and using our Services and Website to create, deliver, manage, and/or use a collection of learning materials obtained from multiple sources (“Content Bundle”), you accept this Agreement and consent to its terms and conditions electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our Website. By continuing to use our Services, you accept any revised Agreement.
License to Use Study.Net
We grant to you a limited, non-exclusive, non-transferable license to use Study.Net for your own personal and commercial purposes. This license may not be assigned or sublicensed to anyone else, without Study.Net’s express written consent. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF OUR SERVICES OR WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that you will not: (a) use this Website to reproduce copyrighted material; (b) reproduce Study.Net’s Website (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Website); or (c) engage in any activity that would interfere with or damage or harm the Website or Services rendered.
Study.Net is a web-based application that enables Instructors to identify, organize, and digitally deliver learning material from multiple sources to Students for their personal and/or educational use. This learning material may include: a) copyright content from established publishers and authors; b) free public content; and c) material uploaded directly by Instructors and/or their schools or business organizations (collectively called the “Content”). Our Services and Website further facilitate: a) the enhancement (or personalization) of material for an Instructor’s unique requirements, b) the collection and reporting of detailed usage data and c) the collection of royalty fees for, and payment of such fees to, the rightsholders of copyright material.
Study.Net is neither an educational institution nor an original publisher. As such, Study.Net is not responsible for interactions between Instructors and Students. Study.Net is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship.
Further, should the Services involve any third party content, you agree that Study.Net is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The materials that comprise a Content Bundle are the sole responsibility of the Instructors or their representatives who create that Content Bundle.
All of the Services provided by Study.Net shall be covered by this Agreement. The features available to you that comprise our Services may change from time to time, without notice.
Registration is required to use Study.Net as a User. It ensures that each user will see the resources that address their particular needs. Registered Users must affiliate with a school or business organization. Registration requires a User’s name, a valid email address, password, and their school/organization affiliation.
You agree to provide and maintain all information required by Study.Net for registration and, in the event any information is not true, accurate, or complete, you agree that Study.Net has the right to suspend or terminate your account and refuse any and all use of our Services.
During registration, all Users must request affiliation with a school or business organization. This affiliation will allow Users to view the Website and use the Services associated with a specific school or organization. Users are allowed to have multiple affiliations.
Study.Net recognizes three (3) types of User, each with different privileges (“Role”):
For Users with multiple affiliations, roles are independent. This means that a User affiliated with two schools, for example, could have different roles for each affiliation.
Upon registration, Study.Net users are automatically assigned the role of STUDENT with any affiliation. The Student role allows a User to purchase (or otherwise access) Content Bundles associated with their affiliated school or organization.
During registration, or later, any User may request the role of INSTRUCTOR. The Instructor role is granted to educators who work at a school or organization in a verified, official capacity.
The third Study.Net role of COORDINATOR is assigned to users responsible for the administration and use of Study.Net at a specific school or organization.
As a registered User, you agree not to request a role for which you have no legitimate authority to request. Any fraudulent request many lead to immediate termination of your registration as a User and access to the Website and Services.
You must be at least 18 years old to create a User account and use Study.Net, or warrant that you are the parent or legal guardian of a prospective User who is between the ages of 13 and 18 and you have the legal right and capacity to enter into this Agreement. By registering you agree to accept the terms of this Agreement.
By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Study.Net allows authorized Users to create Content Bundles with material from multiple sources, for digital delivery to, and use by, registered Students. Further, creators of Content Bundles may use our Services to upload Content to Study.Net for use in a Content Bundle and/or enhance (i.e. personalize) Content for their unique requirements. By using our Services, You agree to meet certain standards of conduct, as set forth below.
You acknowledge that Study.Net may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Study.Net may also take all appropriate actions to enforce its rights including removing content or suspending or removing your account.
You may only upload content that you have the legal right to upload and use. Copyright owners may send Study.Net a takedown request, in accordance with Section 8. DMCA, below, if they believe Study.Net is hosting material that infringes a copyright. Study.Net reserves the right to remove any Content that it deems offensive, in violation of any applicable law, or in violation of copyright protection.
For each piece of Content that you submit to or through Study.Net, you represent and warrant that:
- You have the right to upload Content to Study.Net and grant the licenses herein;
- Study.Net will not need to obtain licenses from any third party or pay royalties to any third party with respect to permitted use and distribution of the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
By using this Site, you represent, warrant and agree that you will not engage in the following behavior:
No Illegal Activity: you will not use our Services or Website to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
No Malware: you will not use our Services or the Website to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner;
No Unauthorized Access: you will not attempt to gain unauthorized access to other computer systems through this Site;
No Privacy Violations: you will not engage in any Internet activities that would violate the privacy rights of others;
No Impersonation of Study.Net or its Employees: you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;
No Spamming or Data Mining: you will not engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining a list of users or other information via this Site;
No Use Other Than Intended: you will not use our Services, the Website or any Content contained on the Website for any purposes other than intended.
Impair Website: you will not use this Website in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
Payments and Refunds
Study.Net charges a fee per Student (“User Fee”) for the use of its Services and Website. The User Fee includes a fixed participation fee per Content Bundle, and variable usage fees determined by the Content that comprises the Content Bundle. The User fee may be paid directly by Student Users or, alternatively, by Schools and Organizations on their behalf.
Direct payments are collected via an e-commerce transaction at the time User access is provided to a Content Bundle. Payments from schools and organizations are due upon receipt of an invoice. Payment of the User Fee authorizes Student access to a specific Content Bundle. Refunds are offered in accordance with Study.Net’s refund policy, posted on the Website.
Study.Net reserves the right to change its User fees and refund policy, at its sole discretion at any time.
You agree that Study.Net has a license, subject to certain limitations, to store, manage, transfer, and print the content provided on this Website. All title and intellectual property rights in and to the content provided on this Site is the property of the respective content rightsholders and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
Content on the Website, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement (collectively, "Study.Net Content") is and remains Study.Net’s sole property, exclusive of content provided by Users or third party sources, which is owned by the rightsholders of such content.
Study.Net authorizes you to use its Services and Website only if you agree to comply with the intellectual property rights and royalty obligations associated with Study.Net’s Services and all content, from any source, made available on the Website.
Subject to the provisions of this Agreement, and unless confirmed in writing, Study.Net grants no other right, title, ownership, license, or other property interest in its Services or Website, exclusive of the rights to content provided by Users or third party sources, which is owned by the rightsholders of such content.
Copyright content on the Website, provided by third-party publishers and authors, is the exclusive property of these publishers and authors, or their assigned rightsholders. It may be used by you only if you agree to comply with the intellectual property rights and royalty obligations associated with this content. You agree that any authorized use of copyright content, such as sharing content without payment of required royalties, may be illegal and subject to copyright infringement.
Content that you upload to the Study.Net Website, or distribute to Users directly, is and remains your content. Study.Net does not claim any intellectual property rights over the materials you upload to the Website by virtue of your use of our Services. By uploading your content to the Website, you agree that:
Unless otherwise required by Study.Net’s Royalty Terms and Conditions for content you upload to the Website, you agree that your content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
Study.Net understands the importance of protecting intellectual property from infringement. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), Study.Net has set out the following policy:
If Study.Net has a good faith belief that any Content appearing on its Website violates any copyrights or has been illegally copyrighted, Study.Net reserves the right to remove, block, or otherwise ‘take down’ the content. We also reserve the right to remove from the Website any Users who are repeat offenders of the Study.Net DMCA policy
If you believe that Content appearing on the Study.Net Website violates your intellectual property, you should send a notice to Study.Net (by physical mail or email) at the following address:
Attention: Copyright Department
PO Box 231520
Encinitas, CA 92023-1520
If you send Study.Net a notice regarding any claimed infringements, your notice must contain the following information:
A physical or electronic signature from the rightsholder or a person authorized to act on behalf of the rightsholder of the copyright that has been allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Study.Net to find and review this material on the Study.Net Website.
Your contact information, including your address, telephone number, and email address, so that we may be able to contact you.
A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the rightsholder or their legal representative.
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.
Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Study.Net may terminate this Agreement at any time by providing thirty (30) days’ written notice, and Users may terminate at any time by deleting their accounts.
If you breach this Agreement, Study.Net may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Study.Net deletes your account for breach, you may not re-register.
STUDY.NET PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, STUDY.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Study.Net makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our Users;
- That any digital rights management solution that we might offer will be effective;
- That our Services will meet your education or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
You will indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any suits or claims arising out (a) your breach of this Agreement, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (b) your use or misuse of the Website.
Limits of Liability
To the extent permitted by the applicable law or jurisdiction, in no event will Study.Net be liable to You for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if we have been advised of the possibility of such damages. No oral or written information or advice given by us or others will create a warranty and neither you nor any third party may rely on any such information or advice. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of this agreement.
Study.Net’s entire liability shall not exceed the amounts paid by you to Study.Net over the twelve (12) months preceding your claim(s) or one hundred dollars (USD $100), whichever is greater.
Disputes, Choice of Law and Arbitration
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of California and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Study.Net to any such proceeding.
Choice of Venue for Arbitration
The arbitration will be conducted in Orange County, California, unless you and Study.Net agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Study.Net from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights
Jury Trial Waiver
You and Study.Net agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.
Reservation of Rights, Severability
Study.Net reserves all rights not expressly granted herein. Study.Net’s rights and remedies are cumulative. No failure or delay by Study.Net in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Study.Net will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Study.Net’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Study.Net shall be relieved from full performance of any contractual obligation until the event passes or no longer prevents performance.
Study.Net is an independent service provider. Neither you nor Study.Net is an agent, partner, or related party of the other. You may not assign this Agreement to any person whose account has been terminated by Study.Net or who is prohibited from registering; any such assignment will be void.
Study.Net may provide links to and integrations with websites operated by others. The website operator, not Study.Net, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
This Agreement constitutes the entire understanding between you and Study.Net and supersedes all prior understandings regarding your use of Study.Net’s Services and website, except as modified in writing by authorized representatives of Study.Net. If you have a signed agreement with Study.Net, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
We may from time to time modify this Agreement of use and will post a copy of the amended Agreement on this Website. If you do not agree to, or cannot comply with this Agreement as amended, you should not use this Website. You will be deemed to have accepted this Agreement as amended if you continue to use this Website after any amendments are posted on this Website.
You must send any notices of a legal nature to us by email or at:
PO Box 231520
Encinitas, CA 92023-1520
BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORJZED TO USE THIS WEBSITE. YOU MAY BE DENIED ACCESS TO THE WEBSITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
May 11, 2020
This Royalty Terms Agreement (“Agreement”) for users of Study.Net (“Study.Net”) describes the terms and conditions that guide the assignment, collection, and disbursement of royalty fees that may be requested by registered Study.Net Instructors or Coordinators (‘You” or “Your”) for the use of user-sourced copyright material (“Royalty Content”) in a Study.Net Content Bundle or Library Collection.
By using Study.Net to deliver Royalty Content that requires: a) an assignment of a royalty; b) collection of the assigned royalty from students who use the material; and c) disbursement of the collected royalty fees to the content rightsholder(s); You accept this Agreement and acknowledge the following terms and conditions are true.
If You are acting on behalf of an entity other than a natural person, You must have the authority to represent the entity or otherwise act on its behalf.
We may update this Agreement by posting a revised version on our website. By continuing to use Study.Net’s services, You accept any revised Agreement.
You have permission to use the Royalty Content, as either the rightsholder of this material, or as the recipient of permission from the rightsholder(s) of this material.
You have correctly identified the author of the Royalty Content and properly assigned any required copyright royalties to the rightsholder(s) of this material.
Other than what has already been identified to Study.Net, the Royalty Content is not subject to copyright protection or a claim of authorship by any other party. You agree to protect Study.Net against any and all copyright claims or disputes of authorship that may arise as a result of Study.Net distributing this material for Your benefit.
Study.Net will store the Royalty Content in a secure database and use its best commercial efforts to protect this material from unauthorized access. Study.Net will remove this material from its database if the use of the Royalty Content by Study.Net or its registered users is unlawful in any manner.
Study.Net agrees to collect the assigned copyright royalty for use of the Royalty Content from each student (or school in the case of central payment) who obtains or is provided electronic access to this material through the Study.Net website.
You understand that Study.Net will add a distribution fee to the Royalty Content, equal to 25% of the total material price charged for the delivery and use of this material. Study.Net will retain the distribution fee as payment for its services, which include, but are not limited to: 1) electronic distribution; 2) ecommerce processing; 3) royalty reporting and payment; and 4) customer service.
As a result of Study.Net’s 25% distribution fee, You understand that the assigned copyright royalty fee for the Royalty Content will equal 75% of the total material price charged for the delivery and use of this material by registered student users.
Study.Net agrees to remit to the identified rightsholder, within 45 days of the end of each calendar quarter, a usage report and the collected royalty fees for student access to the Royalty Content. Remittance shall be provided as a check or ECH transfer in US dollars.
You understand that students, who have authorized access to the Royalty Content, may print a personal copy of the material or purchase a printed copy from Study.Net (as an optional printed TEXTPAK) or from an authorized print service provider at an additional cost. I agree that there is no additional royalty fee associated with a personal print copy or Study.Net’s printed TEXTPAK alternatives.
I understand that Study.Net will take reasonable efforts to protect unauthorized distribution of the Royalty Content but can provide no guarantee that students won't share electronic access or print unauthorized copies of this material.
May 8, 2020
This statement outlines Study.Net Corporation’s (“Study.Net”) compliance to the Federal Educational Rights Protection Act of 1974 (FERPA).
What is FERPA?
FERPA, the Family Educational Rights and Privacy Act of 1974 or the Buckley Amendment, is a federal law that affords students certain rights with respect to their education records.
What is an Education Record?
An education record contains information directly related to a student, maintained by an educational agency or institution or by a party acting for the agency or institution.
Combinations of student names, email logins, and shipping address information would be considered an academic record.
Study.Net acts as a third-party service providing access to selected course materials and must maintain compliance with FERPA on behalf of the institution.
Why is FERPA important?
FERPA protects students from having their information disseminated to third parties without the student's consent. By utilizing a third party, an institution extends their liability to adhere to FERPA to the third party. Beyond ethics and privacy, an institution's Title IV funding is tied to compliance with this act.
How does Study.Net work?
Students use Study.Net to purchase or otherwise access academic content assembled for use by a course instructor or school coordinator (a “Content Bundle”). To register as a Study.Net user, students provide an email login, password (encrypted), and school affiliation. No additional information is required. From a list of available Content Bundles, students may be required to purchase access to their selected Bundles via an e-commerce transaction. All purchases are processed with FERPA–compliant encryption by a third-party processor. At no time does Study.Net receive, transmit, or save a user’s financial information to facilitate a purchase transaction. Student users control public visibility (and storage) of their Directory Information.
How does Study.Net comply with FERPA?
Study.Net saves only Directory Information (i.e. name, email login and a shipping address for the optional delivery of printed materials) related to a student user. No other unencrypted user information is saved by Study.Net. All user passwords are encrypted by the Study.Net Service. Purchase information is not saved or otherwise stored by Study.Net after completion of a purchase transaction, which is processed by a third-party, data-encrypted, e-commerce provider. Study.Net employs a zero-knowledge encryption scheme to protect user passwords.
Student users control public access to all Directory Information. Furthermore, student users may request that all of their user information be permanently deleted at any time.
Only approved school coordinators (i.e. administrators), the course instructor, and fellow students may see a student user’s name in association with a particular bundle of course materials. The student user controls visibility of all other Directory Information. Furthermore, a student user may permanently delete their Directory Information at any time.
Study.Net will never hold any personally identifiable information (PII) and institutions can feel confident in extending their FERPA liability to Study.Net.
Study.Net delivers all content via SSL (TLS 1.2) and our servers are compliant to many standards including PCI and HIPAA.
Note: Study.Net is committed to keeping all student data safe.
When going through technical support channels, our representatives will never ask for information beyond what FERPA defines as "Directory Information". Our representatives may ask for the following information:
- Student name
- E-mail login
- School or organization name
Despite not collecting any personally identifiable information, all Study.Net representatives and employees are subject to FERPA updates and training. Any personal information requests beyond this should be reported to firstname.lastname@example.org.
May 8, 2020