Updated: November 25, 2020
These Terms apply to your use of the websites and online offerings provided by CAST, Inc. ("we", "us", "our") and any web pages that display a direct link to these Terms (collectively the "Site"), and all web hosted services accessible through the Site, including but not limited to online forums, training, support services, downloadable content and trial, beta or other downloads of software (the "Services"). You may be referred to in these Terms as "you" or "your". Any user (including you) may be referred to in these Terms as "User".
Certain features or Services made available through the Site may have additional or alternative terms and conditions that apply, which are posted on the relevant feature or Service.
Please read the entire Terms as all of the provisions apply to your use of this Site.
Changes to the Terms or Site
We may, in our sole discretion, modify the Terms at any time effective upon posting the modified Terms on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site and the Services if you do not agree to the amended terms, and to provide us notice to remove you from any distribution lists or other communication list that are available to you through registration on this Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
We may at any time and from time to time modify or discontinue, temporarily or permanently, the Site (or any part of it). We shall not be liable to any User or other third party for any such modification, suspension or discontinuance.
We may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and sites are subject to and governed by these Terms.
Your privacy is important to us. Our Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
In these Terms, the expression "Submission" means content submitted by our Users, and includes, but is not limited to, any User contributed file (including a file created using a Learning Designed resource template), text, images, content, video, communications, opinions, links, software, data, and any other content any User provides on the Site. Users may contribute Submissions in a variety of manners including, but not limited to content upload pages or other methods of file content sharing, message boards, chats (discussion forums) blogs, audio and/or podcasts, video blogs, personal web pages, wiki pages and/or other message or communication facilities designed by us to enable Users to communicate or share materials with others.
You acknowledge that all Submissions, whether publicly posted or privately transmitted, accessible through the Site are the sole responsibility of the person from whom the Submission originated, and YOU ARE USING SUCH SUBMISSION AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. We do not control the Submissions provided by Users of the Site, and can therefore not guarantee the accuracy, quality, integrity or ownership of such Submission. You acknowledge that you may be exposed to Submission material that you find offensive or indecent, or for which the underlying rights have not been properly obtained. You acknowledge that we assume no responsibility for content posted by third parties, which is available through the Site or the Services made available through the Site. You are solely responsible for your use of the Submissions and any disputes you may have with other Users, even though we may provide a method for Users to advise of a dispute or complaint. Please see Dispute section below for additional information.
Users may include hypertext links in Submissions to content hosted and maintained by third parties so long as the content on such sites, if posted in the Site, would not violate the Terms. We exercise no control whatsoever over such other Sites and web-based resources. We do not endorse or guarantee the accuracy of any Submission or other content on the Site. You agree that we are not responsible for the accuracy or availability of any third party content, advertising, promotions, products or other materials accessible through the Site and will not be liable for any damages incurred as a result of the submission or use of any such content.
Clicking on links contained in Submissions is done so at the User's own risk. We reserve the right to review any Submissions and to remove or refuse to remove or post any Submissions or links within Submissions in its sole discretion.
Third Party Offerings and Sites
The Site may contain or reference links to third party Sites or third party advertising. Some of those links are provided as a convenience only. The inclusion of any link or reference to a Third Party service, product or promotion is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any third party Site.
If you decide to use Third Party services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party services (including their privacy policies). You agree that the third party, and not us, is responsible for the performance of the Third Party services, the information contained in such Third Party site and for your use or inability to use such Third Party site.
Our Provided Content
While reasonable efforts have been made to ensure the information on this Site is as accurate and up-to-date as necessary for the purposes for which it is to be used, the information on this Site does not represent a commitment on the part of us. We make no representation or warranty of any kind with respect to use of this Site or the information on this Site. Information published may contain references to products, programs or services that are not announced or available in all countries. Such references do not imply that we intend to make such products, programs or services available in any specific country. The information available on this Site is provided as a convenience only.
Images and all other content contained on the Site that is not specifically offered for download by the Users is the property of ours or its licensees and you agree not to copy, publish, distribute, display or otherwise use such materials other than viewing them on the Site, without the express written permission from us.
Unless specifically otherwise stated in these Terms, or the additional or alternative terms associated with a particular Service, all materials, information, Submissions and Services contained on or accessible through this Site may only be downloaded, viewed and printed for personal use or use within your organization (including educational institutions), and only provided that no trade-mark, copyright or other proprietary notices contained in or appearing on such material are removed, modified or obscured. Material, information, Submissions and Services (including software programs) contained on or accessible through this Site may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent and/or your acceptance of the associated end user license agreement, as applicable. All rights not expressly granted in these Terms are reserved, and Users must seek our permission before making any other use (and in particular, any reproduction or use for commercial gain) of material, information, Submissions or Services contained on or through this Site.
Unless specifically otherwise stated in these Terms, your permission to use the Site does not include: any resale or commercial use of the Site or its contents (including Submissions) whether provided by us or any of the Users or third party content providers, or any derivative use of this Site or its contents; or the creation of a competing offering. You agree to not download bulk amounts of Submissions or other content from the Sites, regardless of whether the intent is to use such content for commercial purposes. Unless an express license is granted to you elsewhere in Terms or related features or Services, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, transfer, sell or otherwise exploit any of the content, Submissions, software, products or Services on this site for any commercial purpose. By using the Site, you warrant to us that you will not use the Site, or any of the content (including Submissions) obtained from the Site, for any purpose that is unlawful or prohibited by these Terms (see Prohibited and Illegal Activities below). If you violate any of these Terms, without limiting any other remedy available to us, your permission to use the Site automatically terminates.
Submitting User Generated Content for Public Use
By submitting or placing any Public Submissions on the Site (in any form whatsoever), you are granting us, our respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees and other such parties as we may designate from time to time (which may include any or all Users) a royalty free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish your name in connection with your Submissions, at our option, and waive your moral rights with respect to any such Submission; and the right to sublicense such rights to any User or supplier of the Site. You also waive any moral rights you may have in the Submissions in favor of us, its licensees and sub-licensees. You acknowledge that this license cannot be terminated or the waiver revoked by you once the Submission is submitted to the Site.
By submitting ideas, feedback, comments, testimonials, opinions, suggestions or any other material to the Site, you agree that we will treat such Submissions as non-confidential, that we can use such Submissions without any compensation to you or to any other person or entity, and that we may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such Submissions from you.
By placing Public Submissions on the Site, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, or submit the Submission. You shall not contribute or edit any Submission, unless:
- You have the legal right to submit your Submissions, which includes, without limitation, that you are the author or licensee of any copyrighted content that you provide, and that you are legally permitted to contribute it in accordance with a license or arrangements with your employer or third parties for use consistent with the manner the Submissions will be used as permitted under these Terms;
- Where the Submissions are photographs, images, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that each person depicted in such Images, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images; and
- You believe that it is correct, non-offensive, and legal and does not infringe any third party rights (including, without limitation, under anti-defamation laws). You acknowledge that we can refuse to post and can remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
While we strive to maintain your privacy (see our Privacy Notice), you should always use caution when giving out any personally identifiable information about yourself in any Public Submissions. Any Public Submissions that you place on the Site can be obtained and used by others. We do not control or endorse the content, messages or information found in any Public Submissions on the Site. We specifically disclaim any responsibility or liability with regard to the Public Submissions and any actions resulting from your participation in any Public Submissions on the Site.
We reserve the right, in its sole discretion, to remove any Public Submissions on the Site containing phone numbers, street addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains.
Rights of Third Parties
You may not submit Submissions, including forms, software, derivatives works of software or property, photos or images, that infringe in any manner on the copyright, trade-mark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Submissions for Users to access copyrighted material for informational purposes -- but, except for quotes of reasonable length, you may not post such materials in the Site itself. You may not use the Site to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs, computer programs or derivative works of such programs.
You agree not to make Submissions that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
YOU ACKNOWLEDGE THAT A PARTY AGGRIEVED BY YOUR UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, A BREACH OF COPYRIGHT OR DEFAMATORY MAY TAKE LEGAL ACTION WHICH COULD RESULT IN YOUR PERSONAL INFORMATION BEING DISCLOSED AND YOU HAVING TO PAY COMPENSATION TO THE AGGRIEVED PARTY.
Reporting Concerns or Disputes
You may request us remove any Submission you have made at any time and, upon confirmation that the Submission is yours, we shall endeavor to remove the Submission, however the license you have granted to our licensee's and sub-licensees shall continue in perpetuity, including the license for us and its licensees to derivative works of your Submission. If you believe another User is violating your copyrights, you may send a notice to us at firstname.lastname@example.org including a) your contact details (name, telephone, email, address); b) identifying the Submission in question, and c) details on the basis of the infringement claim. We will make an assessment and if, in our sole opinion, such action is merited, we will remove the Submission in question. Other than this removal remedy, we shall have no further obligations or liability regarding copyright infringement disputes for Submissions. All such disputes related to third party Submissions (such as a dispute regarding ownership of copyright), links, sites or promotions should be addressed to that third party and a copy may be provided to the us at email@example.com.
Trial and other Software Downloads
We may make certain software (including trial and beta versions of software) available to you through the Site. Your use of such software is subject to the terms of the applicable end user license agreement and any other terms stated on the Site or feature related to the associated software. You agree that if you are given a product activation or installation key for any of our software, you will retain that key for your personal use and not make it available to others or post or display the key information for use by others.
Users are expected to respect and interact with other Users in the public forums as you would in any public arena and refrain from using offensive, harassing or otherwise inappropriate language in any Submission. You acknowledge that you are responsible for your interaction with other Users.
Prohibited and Illegal Activities
Use of the Site for any activity that violates local, provincial, national, international law, order or regulation, is a violation of these Terms. In addition, certain other uses of our Sites and related Services are prohibited and a violation of these Terms. Illegal and prohibited activities include, but are not limited to:
- Posting or making Submissions that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, derogatory, illegal or defamatory, or any material that interferes with the ability of others to enjoy or utilize the Site.
- Posting or disseminating material or using the Services made available through the Site or information obtained from the Site in a manner that is harassing or advocates harassment of another person including, without limitation, posting or making Submissions that are harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability.
- Posting or making Submissions that violate copyright or intellectual property rights.
- Using the Site for the promotion of illegal conduct, activities or fraudulent schemes. Specifically, you may not advocate illegal conduct, such as pyramid schemes, or other illegal soliciting schemes. Furthermore, you agree to not engage in any illegal activity in connection with your Submissions or post links to other web sites that deal with such illegal activities.
- Fraudulent activities including, but not limited to, impersonating any person or entity, or forging anyone's digital or manual signature. Posing as one of our moderators or our staff is expressly prohibited.
- Uploading, transmitting or disseminating files or any other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Site, our servers, another's computer or property of another.
- Using the Site in any manner that could damage, disable, disrupt, overburden, or impair any of our server(s), or the network(s) connected to any of our server(s), or interferes with any other party's use and enjoyment of the Site. Any interference with the computer networking or telecommunications services of any User, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host through the use of this Site is prohibited.
- Gaining or attempting to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any of our server(s) through hacking, password mining or any other means. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools are prohibited. Any use of data mining, robots or similar data gathering and extraction tools or processes is prohibited. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Unless expressly permitted by us, soliciting or promoting (either in your Submissions or in your profile) any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose or financial gain. You agree you will not use information supplied within the Site to do any of the foregoing, via email or any other method, unless expressly agreed to by us.
- Gathering or attempting to gather public email addresses made public in the registered User profiles and use for your own purpose. You agree not to promote, link to or encourage others to join or participate in competing sites that provide message boards, forums, chats, blogs or other interactive elements with the intent of harming the flow of information and/or participation at the Site.
- Soliciting, transmitting or promoting "junk mail", "chain letters", surveys, contests or unsolicited mass mailing or spam.
You hereby authorize us to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce these Terms.
Should you fail to observe any of the Terms, we may pursue any or all of its remedies against you including, but not limited to, legal action or injunctive or other equitable relief where appropriate.
Creating an Account
Certain Services available through this Site require the User to complete the registration process to create an account. Such Services may include (but are not limited to) participating on online community portions of this Site and setting personal preferences for use on the Site. As part of the registration process, you are required to provide certain information, including your first and last name, and a username. Please consider that this information will be made publicly available. Although some features currently allow posting with only a username, we reserve the right in the future to require such posts be associated with the User first and last name. Any personally identifiable information you provide in the account creation or maintenance process will be managed by us in accordance with the Privacy Notice.
We reserve the right to delete any free account that has not been logged into for six months or longer.
You agree that the information that you supply during the registration process will be true, current, accurate and complete, and you agree not to (i) register under the name of another person; (ii) choose a username that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; (iv) choose a username that incorporates a solicitation (e.g. the name of your product, the name of your services, the name of your Site); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any of our employees, Officers or Directors. You agree to maintain and promptly update your registration data as necessary to keep it true, current, accurate and complete.
If, after investigation, we have reasonable grounds to suspect that any registered User's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that registered User's account and prohibit any and all current or future use of the Site (or any portion of it) by that User.
You are responsible for maintaining the confidentiality of your passwords and account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account, including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by us or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.
We have no obligation to monitor Submissions or other materials. However, Site Moderators may monitor the Site's Submissions. Site Moderators do not pre-screen Submissions, monitor on a "real time" basis, or edit Submissions made to the Site. As a User, you may see content that is offensive or objectionable. Each User must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Please report objectionable content on the Site by sending an email firstname.lastname@example.org.
We reserve the right to manage the Submissions on the Site in order to facilitate the orderly distribution of information through the Site. For that purpose, we may, at our election, designate our employees and/or outside entities to act as Moderators for the Site. The Moderators are not obligated to review all Submissions, nor do they edit Submissions. You assume the risk of reading and acting upon information from any Submissions made by a Moderator or other individual within the Site.
Termination of Membership or Participation
Your privilege to use or access the Site and/or Services may be terminated by us immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not to re-register or otherwise make use of, or attempt to use, the Site or Services. Furthermore, you acknowledge that we reserve the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site or Services. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to us.
Disclaimer of Warranties and Limitation of Liability
THE CONTENT ON THE SITE IS "AS IS" AND CARRIES NO WARRANTIES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. WE DO NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. UDL-IRN DOES NOT WARRANT THAT USE OF THE SITE, OR ANY CONTENT, SERVICE, SEARCH OR LINK ON IT WILL PRODUCE CERTAIN RESULTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT OR SERVICES. WE CANNOT ENSURE THE FILES YOU DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR CAN IT ENSURE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS CONTAINED ON, FUNCTIONS OF, OR SERVICES OFFERED ON, THIS SITE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES OR SITE USERS IN CONNECTION WITH THE SITE AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE WITHOUT SUCH LIMITATIONS.
The Terms are a complete statement of the agreement between you and us and set forth the entire liability for us and your exclusive remedy with respect to your access and use of the Site. The agents and employees of ours are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on us. Any waiver of the terms herein by us must be in a writing signed by an authorized officer and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The Terms will be governed by Kansas law and the applicable federal laws of the United States as applied to agreements entered into and to be performed entirely within Kansas, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree that such dispute may be resolved with personal jurisdiction by, and the choice or forum or venue shall be in, the provincial and federal courts of the State of Kansas, City of Topeka, and such courts will have exclusive jurisdiction. Headings are included for convenience only and shall not be considered in interpreting these Terms. The Terms do not limit any rights that we may have under trade secret, copyright, patent or other laws. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. We, and our related brands are trade-marks of ours and may be registered in the United States and other jurisdictions. Other brands, logos and marks are trade-marks of their respective owners.