Learn.co and Flatiron School LLC Educational Content License
The Flatiron School LLC owns the Educational Content on Learn.co. However, the Flatiron School supports the development and availability of educational materials in the public domain. Therefore, the Flatiron School grants Users of the Educational Content certain rights to reuse, build upon and share the Educational Content subject to the terms of the Educational Content License. Set forth below is a summary of the Creative Commons Attribution-NonCommercial-ShareAlike License, which is a critical component of the Educational Content License, followed by the full terms and conditions of the Education Content License.
Summary of Creative Commons License
This is a summary of (and not a substitute for) the Creative Commons Attribution-NonCommerical-ShareAlike License (http://creativecommons.org/licenses/by-nc-sa/4.0/legalcode) which is part of the Educational Content License. Users of the Educational Content are subject to the full terms and conditions of the Educational Content License (which is set forth in the section below under the heading “Educational Content License”).
You may:
- Share: Copy and redistribute the material in any medium or format.
- Adapt: Build upon and transform the material.
Under the Following Terms:
No Additional Restrictions: You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Educational Content License
This Educational Content License (“License”) governs the use of the Flatiron School LLC’s (“Flatiron”) Educational Content which, for purposes of this License, is defined as the educational materials made available to you by Flatiron through Learn.co (currently located at https://learn.co or otherwise, including, without limitation, on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples and other educational materials and tools, but, in any event, specifically excluding any proprietary Flatiron materials.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE EDUCATIONAL CONTENT. THESE TERMS CONTAIN IMPORTANT INFORMATION AND LIMITATIONS REGARDING YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY ACCESSING AND USING THE EDUCATIONAL CONTENT, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND BY THESE TERMS, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST NOT ACCESS OR USE THE EDUCATIONAL CONTENT.
You must be of legal age to form a binding contract to accept these terms. A parent or a legal guardian must accept these terms on behalf of a minor (anyone under 18 years of age). Any use of or access to the Educational Content by anyone under the age of 13 is strictly prohibited.
This License applies to all Users of the Educational Content. For purposes of this License, Users include anyone who browses the Educational Content, registers with GitHub for an ID and password to use and access the Educational Content, and anyone who accesses and/or uses the Educational Content through any means.
Flatiron's Intellectual Property Rights
All Educational Content is the property of Flatiron and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign laws. Use of Flatiron’s Educational Content for any purpose not expressly permitted by this License is strictly prohibited.
Flatiron logos, trademarks and service marks which may appear on the Educational Content ("Marks"), are the property of Flatiron and are protected under United States and foreign laws. Any other trademarks, service marks and logos used in the Educational Content, with or without attribution, are the trademarks, service marks or logos of their respective owners.
Except as otherwise expressly permitted in this License, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Educational Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used in connection with the Educational Content. From time to time, Flatiron may include software, code, instructions, or other such information in the Educational Content; any such information/materials is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Flatiron and/or its affiliates and licensors reserve all rights not expressly granted herein to the Educational Content and Marks.
License to Use Educational Content
Subject to your compliance with these terms, Flatiron hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access and use the Educational Content at your location solely for your personal, noncommercial use and as permitted hereunder, and (b) to download the Educational Content so that you may exercise the rights granted to you under the section entitled "Creative Commons License" below. You must abide by all copyright notices or restrictions contained on the Educational Content. You may not delete any attributions or legal or proprietary notices on the Educational Content.
Creative Commons License
Flatiron hereby grants you a license in and to the Educational Content under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike License located at (http://creativecommons.org/licenses/by-nc-sa/4.0/legalcode) (the "CC License"), which is incorporated into and part of this License. The Educational Content may only be used for non-commercial purposes and Users may not sell, profit from, or commercialize Flatiron Educational Content or works derived from it. You are free to make derivative works, as long as you give Flatiron attribution. If you distribute your derivate works, you must license your works under the same terms as the original Flatiron CC License.
Copyright Policy and Digital Millennium Copyright Act
Flatiron respects the intellectual property rights of others, and we expect Users of the Educational Content to do the same. Flatiron will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Flatiron. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Flatiron with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest; (ii) a description of the product, work or other intellectual property that you claim has been misrepresented or infringed; (iii) a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located in the Educational Content; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf.
Flatiron's Copyright Agent for notices (and counter-notices) of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Flatiron School LLC
Attn: DMCA agent
11 Broadway, Suite 260
New York, NY 10004
Phone: (347) 729-7911
Email: info@flatironschool.com
Flatiron reserves the right to remove content alleged to be infringing without prior notice, at its sole discretion, and without liability to a User.
User Content-Management; License Grant; Representations and Warranties
Flatiron may now, or in the future, permit and provide you with the ability to upload files, User posts and discussions, profile pages, and other content and media for social interaction, or certain information, text, graphics, notes, questions, comments, images, videos or other communications and materials (collectively, "User Content"). Whether or not such User Content is published, Flatiron does not guarantee any confidentiality with respect to any submissions.
Flatiron has no obligation to monitor User Content or other materials, but Flatiron reserves the right to remove any User Content at any time and for any reason. Flatiron also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of Flatiron, its Users and the public.
You are responsible for evaluating all User Content including for accuracy, completeness and reliability, and bear all risk of using such User Content. You are solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. Flatiron will not be liable for any damages that may result from the submission or use of any User Content. Flatiron may, but is not obligated to, monitor or review any Educational Content and User Content where Users communicate solely with other Users, including but not limited to chat rooms, live chats, bulletin boards, or other User forums, and the content of any such communications. You assume the risk of such communications, and Flatiron has no liability related to the content or use of any such communications.
With respect to any User Content you submit to Flatiron, or that is otherwise made available to Flatiron, you hereby grant Flatiron an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, publish, modify, translate, adapt, publicly perform, publicly display and make derivative works of all such User Content or otherwise exploit the User Content and your name, personal information, voice, and/or likeness as contained in your User Content, in whole or in part, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose) in any media channels (now known or hereafter developed). In addition, by submitting or distributing User Content through the Educational Content, you hereby grant to each User of such Educational Content a non-exclusive license to access and use your User Content.
You are solely responsible for User Content you post and the consequences of posting or publishing such User Content. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Flatiron to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Flatiron, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) such User Content does not and will not slander, defame, libel, or invade the right of privacy, publicity, or other property right of any other person, and (f) such User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
With respect to any submissions of User Content, you agree to comply with all applicable federal, state, local and foreign treaties, laws, codes, regulations and rules including but not limited to such treaties, laws, codes, regulations and rules regarding online conduct and acceptable content. Among other things, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Links
The Educational Content may contain links to third-party websites or resources, and those links may contain content or offer products and/or services for sale. The third-party links do no create or imply any relationship or partnership between Flatiron and the operators of such linked websites. Flatiron does not author, edit, control, or monitor these links. You acknowledge and agree that Flatiron is not responsible or liable for: (a) the availability or accuracy of such websites or resources; (b) the content, products, or services on or available from such websites or resources; or (c) the protection of the privacy of personal information on such websites or resources. Links to such websites or resources do not imply any endorsement by Flatiron of such websites or resources or the content, products, or services available from such websites or resources. Flatiron may remove such links at any time for any reason or for no reason. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You also understand that this License and Flatiron’s Privacy Policy do not apply to any third-party websites, and each third-party site has its own terms of use and privacy policy completely independent from Flatiron.
FLATIRON WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
Users may include links to third-party websites in User Content as long as the content of such websites does not violate the terms of this License. You acknowledge sole responsibility and assume all risk by clicking on such links. Flatiron is not responsible for the availability or the content of linked websites, including the advertising, products or other material thereon.
You may provide links to the Learn.co website, provided that (a) you do not remove or obscure, by framing or otherwise, the copyright, trademark, or service mark notices or other notices on the site, (b) your site does not engage in activities that are illegal, threatening, pornographic, or in any way discriminatory or disparaging based on race, religion, national origin, gender, age, disability, or any other category protected by applicable law, and (c) you discontinue providing links to the site immediately upon request by us.
Disclaimer of Warranties
You expressly acknowledge and agree that your access TO and use of the EDUCATIONAL CONTENT IS at your sole risk and responsibility. You understand and agree that the EDUCATIONAL CONTENT IS provided to you on an “AS IS” and “AS AVAILABLE” basis WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE EDUCATIONAL CONTENT.
WITHOUT LIMITING THE FOREGOING, FLATIRON, ITS officers, directors, employees, agentS, REPRESENTATIVES, PARTNERS, AND AFFLIATES (COLLECTIVELY, THE “FLATIRON ENTITIES”) DO NOT WARRANT THAT: (A) THE EDUCATIONAL CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE EDUCATIONAL CONTENT WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE EDUCATIONAL CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, COMPLETELY SECURE OR RELIABLE, (D) DEFECTS IN OR ON THE EDUCATIONAL CONTENT WILL BE CORRECTED, (E) THE EDUCATIONAL CONTENT WILL NOT CAUSE ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE EDUCATIONAL CONTENT, AND THAT (F) THERE WILL BE NO DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY EDUCATIONAL CONTENT AND OTHER COMMUNICATIONS. YOU ASSUME ALL RISK OF PERSONAL INJURY (INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY) AND OTHER DAMAGES SUSTAINED FROM USE OF THE EDUCATIONAL CONTENT.
FLATIRON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EDUCATIONAL CONTENT OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FLATIRON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE FLATIRON ENTITIES OR THROUGH ITS EDUCATIONAL CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE FLATIRON ENTITIES BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE EDUCATIONAL CONTENT AND/OR ANY OTHER SUBJECT MATTER ADDRESSED BY THIS LICENSE (INCLUDING, WITHOUT LIMITATION, ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLATIRON ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE EDUCATIONAL CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE EDUCATIONAL CONTENT; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR REMOVAL OF THE EDUCATIONAL CONTENT; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE EDUCATIONAL CONTENT BY ANY THIRD PARTY; (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE EDUCATIONAL CONTENT; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
FLATIRON'S (AND THE OTHER FLATIRON ENTITIES’) TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE EDUCATIONAL CONTENT AND/OR THIS LICENSE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT FLATIRON WOULD NOT ENTER INTO THIS LICENSE OR MAKE THE EDUCATIONAL CONTENT AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless Flatiron (and the other Flatiron Entities) from any and all claims, causes of action, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, made or incurred by any third party relating to or arising out of (a) your use or attempted use of the Educational Content in violation of this License, (b) your use or attempted use of any code, program, data, information or any other content provided through the Educational Content in a manner inconsistent with this License , (c) your violation of any laws, rules, or regulations, or rights of any third party, (d) information that you post or otherwise make available in or through the Educational Content, including without limitation any claim of infringement of intellectual property or other proprietary rights, and/or (e) any breach by you of the representations, warranties, and covenants made herein.
Termination of Rights
You agree that Flatiron, in its sole discretion, may terminate your access to and use of the Educational Content for any reason or no reason, including, without limitation, if Flatiron believes that you have: (a) breached this License; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized content to or through the Educational Content; and/or (d) violated or acted inconsistently with the letter or spirit of this License. You agree that any deactivation or termination of your access to the Educational Content may be effected without prior notice to you and that Flatiron shall not be liable to you nor any third party for any termination of your access. You also acknowledge that Flatiron may retain and store your information on Flatiron’s systems notwithstanding any termination of your access. You further acknowledge that Flatiron’s rights to deactivate or terminate your access to and use of the Educational Content are not Flatiron’s sole remedy and that Flatiron may also seek other further relief under law or equity.
Governing Law and Arbitration
This License and the interpretation of this License shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Should any part of this License be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force.
Agreement to Arbitrate
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FLATIRON. THIS SECTION WAIVES YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION.
Flatiron and you (collectively the “Parties”) waive all rights to trial before a jury in any action or proceeding arising out of or relating to this License, the Educational Content, or otherwise arising between the Parties, including, without limitation, any User’s statutorily created or protected rights. With the exception of any action or proceeding brought by Flatiron (or by any of the other Flatiron Entities) in which injunctive relief is sought, any controversy or claim arising out of or relating to this License and/or the Educational Content shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. This waiver applies to class arbitration and the arbitrator(s) may not consolidate more than one person’s claim. With the exception of any claim by Flatiron (or by any of the other Flatiron Entities) for indemnification or other relief, under no circumstances is an arbitrator authorized to issue an award for, and you hereby waive all rights to claim, punitive damages, liquidated damages, incidental or consequential damages, or attorneys’ fees. The arbitration shall be conducted in State of New York, City of New York, unless the Parties agree otherwise. You hereby acknowledge that you understand the terms of the arbitration clause, and agree to comply with all of its terms and provisions.
Assignment
Flatiron may freely transfer or assign any portion of its rights or delegate its obligations under this License. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this License without the prior written consent of Flatiron. Any attempted transfer or assignment in violation hereof will be null and void.
Entire Agreement / Severability
This License is the entire and exclusive agreement between Flatiron and you regarding the Educational Content (excluding any services for which you have a separate agreement with Flatiron that is intended to be explicitly in addition to or in place of this License and excluding any Terms of Service that you may have agreed to in connection with your use of Learn.co). No other person or company, with the exception of the Flatiron Entities, will be third party beneficiaries to this License. If any provision of this License is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
Any delay or failure on the part of Flatiron to enforce any rights under this License to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
Notifications and Changes to the Terms
This License is subject to change. If you continue to access and use the Educational Content after this License changes, you agree to be bound by such changes. Any changes will be effective immediately upon posting. Please check for changes periodically. Flatiron may provide notifications, including changes to this License, to you via email notice, written or hard copy notice, or through posting of such notice in connection with the Educational Content, as determined by Flatiron in its sole discretion.
Please contact us at legal@flatironschool.com with any questions regarding this License.
This Educational Content License was last updated on Jan 3rd, 2018.