Cimple On Demand

"http://www.cimpleondemand.com/" is the web address for the interactive on-line service ("CimpleOnDemand Website") operated by Cimple, the Web Community for K-12 Education on the World Wide Web of the Internet, consisting of information services and content provided by Cimple and other third parties. "User" means each person who establishes or accesses a connection ("Account") for access to and use of the CimpleOnDemand Website. By accessing the CimpleOnDemand Website, you are certifying that you are least 13 years old, or otherwise are in compliance with Section 10, below.

(A) These Terms of Service ("Agreement"), which incorporates by reference other provisions applicable to use of the CimpleOnDemand Website, including, but not limited to, supplemental terms and conditions referred to and incorporated by reference herein, governing the use of certain specific material contained in the CimpleOnDemand Website, sets forth the terms and conditions that apply to use of the CimpleOnDemand Website by User. By using the CimpleOnDemand Website (other than to read this Agreement for the first time), or registering as a member, User agrees to comply with all of the terms and conditions hereof. The right to use the CimpleOnDemand Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) Cimple shall have the right at any time to change or discontinue any aspect or feature of the CimpleOnDemand Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Cimple shall have the right at any time to change or modify the terms and conditions applicable to User's use of the CimpleOnDemand Website, or any part thereof, or to impose new conditions Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the CimpleOnDemand Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the CimpleOnDemand Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the CimpleOnDemand Website and all charges related thereto.

(A) User shall use the CimpleOnDemand Website for lawful purposes only. User shall not post or transmit through the CimpleOnDemand Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Cimple’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Cimple’s sole discretion restricts or inhibits any other User from using or enjoying the CimpleOnDemand Website will not be permitted. User shall not use the CimpleOnDemand Website to advertise or perform any commercial solicitation.  User shall be entirely responsible for maintaining the confidentiality of their password.  User shall not use the account, username, or password of another member at any time or disclose a member’s password to any third party.  User shall immediately notify Cimple, if they suspect any unauthorized use of their account or access to their password.  User is solely responsible for any and all use of their account
(B) The CimpleOnDemand Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. Except as expressly provided by the copyright holder and the terms of the applicable license, User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as expressly permitted in the applicable license, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material, except as otherwise stated in the applicable license.
(C) All contributions made by a User to the CimpleOnDemand Website shall be subject to the terms and conditions of the appropriate license and this Agreement. All contributions that are not explicitly released under one of the optional licenses will be released under the "Cimple Compatible" Creative Commons Attribution licenses. For more information on Creative Commons licenses, see http://creativecommons.org/about/licenses/meet-the-licenses. Users shall not upload, post or otherwise make available on the CimpleOnDemand Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and hereby agrees to indemnify, defend and hold harmless Cimple for any and all claims, liabilities, damages and expenses arising from such infringement, including, but not limited to attorneys' fees.
(D) The foregoing provisions of Section 5 are for the benefit of Cimple, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

(A) USER EXPRESSLY AGREES THAT USE OF THE CIMPLEONDEMAND WEBSITE IS AT USER'S SOLE RISK. NEITHER CIMPLE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CIMPLEONDEMAND WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CIMPLEONDEMAND WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE CIMPLEONDEMAND WEBSITE.
(B) THE CIMPLEONDEMAND WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CIMPLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL CIMPLE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CIMPLEONDEMAND WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE CIMPLEONDEMAND WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CIMPLE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE CIMPLEONDEMAND WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Cimple shall have the right, but not the obligation, to monitor the content of the CimpleOnDemand Website, including forums, to determine compliance with this Agreement, the EPA and any operating rules established by Cimple and to satisfy any law, regulation or authorized government request. Cimple shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Cimple. Without limiting the foregoing, Cimple shall have the right to remove any material that Cimple, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.  Users are solely responsible for the Content that they post on through any part of CimpleOnDemand Services, and any material or information that they transmit to other members and for interactions with other Users.  CimpleOnDemand.com does not endorse and has no control over the Content.  Content is not necessarily reviewed by CimpleOnDemand.com prior to posting and does not necessarily reflect the opinions or policies of CimpleOnDemand.com.  Cimple makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that the User transmits to other Members.

User agrees to defend, indemnify and hold harmless Cimple, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Cimple by User or User's Account.

Either Cimple or User may terminate this Agreement at any time. Without limiting the foregoing, Cimple shall have the right to immediately terminate User's Account in the event of any conduct by User which Cimple, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8 and this Section 9 shall survive termination of this Agreement.

Cimple is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 will not be permitted to register on the CimpleOnDemand Website. Please remember that the CimpleOnDemand Website is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the content provided through the CimpleOnDemand Website is appropriate for a minor. Minors who access the Service are assumed to have parental or guardian supervision or consent before accessing the Service. In addition, Cimple expects all members who contribute content to be legal adults for the purpose of upholding licenses applied to content contributed. If Cimple learns that content is being contributed by a party under the age of 18, and it is determined that the content this under-18 member contributed was not the original work of the minor, Cimple will take action to rectify the situation, ensuring that the rights and protections of all licenses are managed appropriately. This may require removing content from the site.

Use of the CimpleOnDemand Service is also governed by Cimple’s Privacy Policy, which is also incorporated into this Agreement by this reference.

Cimple is a distributor (and not a publisher) of content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the CimpleOnDemand Website, are those of the respective author(s) or distributor(s) and not of Cimple. Neither Cimple nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Cimple represents the opinions and judgments of the respective information provider, User, or other user not under contract with Cimple. Cimple neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Cimple by anyone other than authorized Cimple employee spokespersons while acting in their official capacities. Under no circumstances will Cimple be liable for any loss or damage caused by a User's reliance on information obtained through Cimple. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Cimple. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.  Content posted by User may contain links to other websites.  CimpleOnDemand.com is not responsible for the Content, accuracy or opinions expressed o such websites, and such websites are in no way investigated, monitored or check for accuracy or completeness by CimpleOnDemand.com.  Inclusion of any linked website on the CimpleOnDemand Services does not imply approval or endorsement of the linked website by CimpleOnDemand.com.  When User accesses these third-party websites, User does so at their own risk.

This Agreement, the Privacy Policy and any operating rules for the CimpleOnDemand Website established by Cimple constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

User is solely responsible for their interactions with other CimpleOnDemand.com Members.  CimpleOnDemand reserves the right, but has no obligation, to monitor disputes between User and other Members.  If there is any dispute about or involving the CimpleOnDemand Services, User agrees that the dispute shall be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey, County of Mercer. Either CimpleOnDemand.com or User may demand that any dispute between CimpleOnDemand.com and User about or involving the CimpleOnDemand Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Princeton, New Jersey, USA, provided that the foregoing shall not prevent CimpleOnDemand.com from seeking injunctive relief in a court of competent jurisdiction.

Cimple respects the rights of all copyright holders and in this regard, Cimple has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cimple’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
Please contact Cimple with any questions regarding this Agreement:  Cimple, 600 Alexander Road, Princeton, NJ 08540   

Registration: In order to use this Website, you must first complete the registration form and create a user name and password. During registration you are required to give contact information (such as your email address). CimpleOnDemand is the sole owner of the contact and usage information collected on CimpleOnDemand.com. Personally identifiable information from our users is collected at several different points on our Website.

Log Files: As is true of most Websites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.  We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.  We do not link this automatically collected data to personally identifiable information. However, you account is associated with any and all contributions you make to the site and you are responsible for adhering to all presently published IP policies.

Cookies: A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and/or persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.  We set a persistent cookie to store your User Name and Passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.  If you reject cookies, you may still use our site, but your ability to use some areas of our site, may be limited.   This privacy statement covers the use of cookies by CimpleOnDemand only.

Profile: We store information that we collect through registration and the contributions you make to the community to create a “profile” of your preferences and activities, to serve the community and to enforce IP and use policies. All contributions you make on the site are linked to your user profile and login/screen name.  Your profile is private.  Members only see your screen name associated with your contribution.  We share do not share your profile with other third parties.

Uses of Information: CimpleOnDemand collects personal information that you disclose when you register with the site and through your use of the services on the site. CimpleOnDemand automatically receives and records information on our server logs from your browser, including your IP address, CimpleOnDemand cookies, the contributions you make and the page you request. CimpleOnDemand uses information for the following general purposes: monitor traffic, to improve our services, enforce terms of use and IP policies, contact you, and conduct research.

Newsletters and Site Pages: If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter or page to you.

Service-related Announcements: We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Customer Service: Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request as reasonable.

Personally Identifiable Information: We do not share personally identifiable information with third parties. CimpleOnDemand does not rent, sell, or share personal information about you collected in connection with your use of the CimpleOnDemand Website with other people or entities, except as otherwise specified.  If you no longer desire our service, you may contact us by the method described in the CimpleOnDemand Contact Page.

Links to Other Sites: This Website may contain links to other sites that are not owned or controlled by CimpleOnDemand. Please be aware that we, CimpleOnDemand, are not responsible for the privacy practices of such other sites.  We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.  This privacy statement applies only to information collected by this Website.

Bulletin Boards/Chat Rooms: CimpleOnDemand provides many on-line many tools for users to contribute and participate in the community from comments and message boards to the ability to contribute and share content and work collaboratively on content development projects. If you use a bulletin board or chat room on this site, or use any of the other contributory and participatory functions, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums, and share in the resources you contribute or otherwise disclose on the site.

Security: We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  If you have any questions about security on our Website, you can email us at inquiries@cimpleondemand.com.

Business Transitions: In the event CimpleOnDemand goes through a business transition, such as a merger, acquisition by another entity, your personally identifiable information will likely be among the assets transferred. You will be notified via prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on CimpleOnDemand.

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of the information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

If you have any questions or suggestions regarding our privacy policy, please contact us at:

Cimple
600 Alexander Road
Princeton, NJ 08540
office: 609-452-6484
fax: 609-452-6485