A really fun read.
- Community Guidelines
- Curious 52
THE CURIOUS COMMUNITY GUIDELINES
These guidelines have been created to lay the groundwork for the kind of community we aspire to create at Curious. Because we are a publishing platform, we need rules about the types of content that our community of learners, teachers and employees finds acceptable and desirable. If you don't like or agree with these rules, we respectfully ask that you go somewhere else to learn and/or teach. If you are willing and able to follow these common-sense guidelines, you can help us build Curious into a great place to learn for life.
Be respectful of each other.
We built Curious because we want to empower teachers of all things to connect with students around the world. There may be content on Curious that you don't agree with, or think is wrong. What we ask is that you express your own opinions respectfully. If you are a Curious teacher, treat other teachers as co-pilots on the journey of lifelong learning, not as competitors. Treat your students as fellow travelers. If you are a Curious student, respect the teacher and your fellow students, help them out when you can, and try to learn from their perspective before jumping to conclusions (or down throats)!
Keep it educational.
As a rule of thumb, if it isn't educational in nature, it isn't appropriate for Curious. If your lessons are not of an educational nature, but are rather videos intended to entertain, shock, gross-out, embarrass or disgust, please go to one of the dozens of video hosting sites on the Internet which exist for that purpose.
Curious is not for pornography, sexually explicit content, or nudity (excepting nudity critical for conveying something of a serious educational nature). If this describes your lesson, don't build it on Curious—if it is flagged, it may be taken down. Also, be advised that we work closely with law enforcement and we report any suspected child exploitation.
Don't teach bad stuff.
Don't post lessons teaching people how to do bad stuff like animal abuse, drug abuse, sexual abuse, under-age drinking and smoking, bomb making, harassment, inciting violence, or otherwise teaching people how to hurt (physically or psychologically) other people.
Only upload video, visual or audio assets that you made or that you are authorized to use. This means don't use content in your lessons that someone else owns the copyright to—such as music tracks, snippets of copyrighted programs, or video made by other users—without necessary authorizations.
Respect intellectual property.
Respect all forms of intellectual property, such as other people's patents, trade secrets, ideas, and trademarks. Seek permission for legally protected intellectual property, and when in doubt always give credit and provide citations when borrowing or extending somebody else's ideas or using information from a third party source.
Don't be a hater.
We encourage free speech and will defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity). In general, content that we feel is offensive to the larger Curious community of learners, teachers and employees will not be allowed.
Don't be a bully or a punk.
Don't create lessons or posts with misleading descriptions, tags, titles or thumbnails in order to drive traffic to some other website. In general, lessons whose primary purpose is to drive traffic to another site are not okay. It's also not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.
We enforce these guidelines.
Please take these rules seriously—we do. Don't look for loopholes or try to finagle your way around the guidelines. Either respect the spirit in which they were created, or please go away. We reserve the right to remove any content from Curious that violate the Community Guidelines, either literally or in spirit.
There are many online "communities" that are just places where people go to complain, snipe and show off; there are others that have truly created a place of trust and respect, where magic happens between people half way across the globe from each other. We strive for the latter. Please help us—we can't do it without you.
(Last revised on: September 18, 2012)
By using Curious' Service you agree to be bound by these Terms, and you are representing that you have the authority and capacity to form a contract with Curious. If you are using our Service on behalf of an organization you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization. If you do not agree with all of the provisions of these Terms, you are not authorized to use the Service.
You must be at least 13 years old to use our Service, and if you are 13-17 years old, you may only use the site if your parent or guardian consents to these Terms and creates an account on your behalf.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Legal definition of the Curious Service.
Curious provides an online platform that helps connect students ("Students") who wish to take lessons and teachers ("Teachers") who wish to provide lessons ("Lessons") through the service ("Service"). "User" means any user of the Service, and may be Teacher or Student. By default, a Lesson will be provided to Students free of charge ("Free Lesson"). Curious may, in its sole discretion, enable Lessons to be provided to Students for a fee ("Charged Lessons"). Charged Lessons may include educational services such as live teaching via video chat or email, or ancillary products or documents. If Curious enables this feature, Teacher may decide which Lessons are Charged Lessons and may determine (within the pricing guidelines set by Curious, which may be modified from time to time) the price at which the Charged Lessons will be sold to Students ("Lesson Price"). Curious may, in its sole discretion, permit Students to sample a limited portion of a Lesson ("Sample") free of charge. If Curious enables this feature, the Sample will either be determined by Curious or Teacher, in Curious' sole discretion.
What license is a Teacher giving to a Student for a Free Lesson?
Subject to these Terms, upon enrollment in a Free Lesson, Teacher hereby grants to Student a non-exclusive license to access and use the Free Lesson as permitted by the Service for your internal business or personal purpose.
What license is a Teacher giving to a Student for a Charged Lesson?
Subject to these Terms, upon Curious' receipt of payment for the Charged Lesson, Teacher hereby grants to Student a non-exclusive license, to access and use the Charged Lesson as permitted by the Service for your internal business or personal purpose.
What promises is a Teacher making to the Student about the content of the Lesson?
For both licenses described above, the Teacher represents and warrants to the Student that (a) it has all rights necessary (including any third party licenses and/or consents required) to grant the licenses (b) no payments of any kind are required by Student to any third party to exercise the licenses; and (c) the Lesson does not infringe upon, misappropriate, or violate any third party IPR, privacy or publicity right, property right, or other right. Teacher agrees to defend, indemnify and hold harmless Student from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to a breach by Teacher of the foregoing warranty."IPR" means all trade secrets, copyrights, trademarks, mask work rights, patents, and other intellectual property rights recognized by the laws of any country.
What happens if a Teacher takes down a Lesson from Curious?
If a Free Lesson is removed by the Teacher, it will no longer be available to prior Students or new Students. If a Charged Lesson is removed by the Teacher, it may remain available to prior Students who have already purchased the Lesson, but will not be available to new Students. Notwithstanding the foregoing, if a Lesson is removed by Curious for any reason, or the underlying content removed by YouTube for any reason, then the Lesson will no longer be available to prior Students or new Students. Notwithstanding any removal, Curious may retain server copies of the removed Lessons.
Rules about your Curious Account.
In order to use the Service, you must register for an account with Curious ("Account") and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful, complete, and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Curious of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Curious cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account.
Your license to use the Curious Site.
Subject to these Terms, Curious grants you a non-transferable, non-exclusive, license to access and use the Service (excluding Lessons but including Samples) for your internal business or personal purpose.
We separate your content into two categories, with different rights.
It's very important to us that you understand what rights you are giving Curious to the content that you create or use with our Service (your "User Content"). We separate your User Content into two categories, which have separate rights: Non-Lesson Content and Lessons. Lessons include any and all video, audio, text, documents, images, exercises, emails or other information and content that a Teacher submits to the Site for the purposes of creating a lesson or related educational services, but excludes Samples. "Non-Lesson Content" means any other User Content that is not a Lesson, including Samples.
License you are giving us to your Lessons.
You own all Lessons you build on Curious and can remove them at any time (see the paragraph that describes what happens if you do this). However, we request certain rights to your Lesson(s) for limited purposes, e.g., to help you be successful on Curious, as described below:
You grant--and you represent and warrant that you have the right to grant--to Curious a nonexclusive, royalty-free and fully paid, worldwide, assignable license, with the right to sublicense, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Lesson, solely to provide your Lesson through the Service to Students in accordance with this Agreement, and thumbnails, descriptions, short excerpts, and screenshots of your Lesson to advertise, market and promote the Service. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Lesson.
With the exception of this license you grant to us and the one you grant to Students above, you retain all rights, title and interest in your Lessons and whatever IPR it contains.
License you are giving us to your Non-Lesson Content.
For your Non-Lesson Content (if you aren't a Teacher this is the only kind of User Content you have) we request certain rights to your Non-Lesson Content for limited purposes, e.g., to make Curious work, as described below:
You grant--and you represent and warrant that you have the right to grant--to Curious a nonexclusive, royalty-free and fully paid, worldwide, assignable license, with the right to sublicense, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Non-Lesson Content, solely for inclusion in the Service and to advertise, market and promote the Service. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Non-Lesson Content.
With the exception of this license you grant to us, you retain all rights, title and interest in your Non-Lesson Content and whatever IPR it contains.
You are making certain promises to us about your User Content.
You hereby represent and warrant to Curious that your User Content does not violate the Community Guidelines and that no payments of any kind are required by Curious to any third party to exercise the licenses described above. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Curious. Curious is not obligated to backup your User Content. Furthermore, you are solely responsible for your User Content and assume all risks associated with use of your User Content.
How we enforce our rules about Your Content.
Curious may at any time, in its sole discretion, but is not obligated to, review, remove, modify, and/or place age restrictions on any User Content, or investigate and/or take appropriate action, including terminating your Account and/or reporting you to law enforcement authorities, for any reason or no reason, including if you violate these Terms, or otherwise create liability for us or any other person, all without any liability or notice to you.
How payments work from Students to Teachers.
When Student purchases a Charged Lesson from Teacher, Student will pay Curious the Lesson Price and Curious will pay Teacher the Teacher Payment (subject to first receiving the Lesson Price from Student). The "Teacher Payment" means the Lesson Price minus (a) the applicable Curious Fee, (b) any applicable Taxes, and (c) any applicable transaction fees (e.g., credit card processing) and any direct advertising expenses which caused a specific Lesson to be purchased (e.g., Google AdWords). The current "Curious Fees" will be set forth at http://curious.com/legal#fees and may be modified by Curious from time to time. Student will not pay Teacher outside the Service in connection with the Lesson.
How refunds work.
If a refund is paid to Student or a credit card charge back occurs, then: (a) Teacher must reimburse Curious for the applicable Teacher Payment; and (b) Student will initially receive the refund, less Teacher Payment and will receive Teacher Payment only once Teacher Payment is reimbursed by Teacher to Curious. Curious may refund Students in accordance with its refund policy (as may be modified by Curious from time to time). Curious' determination as to whether a refund is required is final and conclusive and may not be challenged by you.
Student may pay for Charged Lessons with Curious Coins. Curious Coins may be purchased by Student with a credit card and PayPal. The Teacher Payment will be paid to Teacher in Curious Coins. One Curious Coin (excluding Promotional Curious Coins) is equivalent to one U.S. dollar. Curious Coins are not legal tender and cannot be traded or sold to third parties. The only rights that you have to receive payment of any amounts held by Curious are as set out in this Section.
If you are a Teacher, this paragraph applies to you regarding Curious Coins. The balance of any Curious Coins held by you may be reduced at any time by Curious for charge-backs or refunds, or for any amount owed by you to Curious, to compensate Curious for any loss that it determines (in its sole discretion) it has suffered as a result of any breach of these Terms by you. Provided there is no breach of these Terms, you may at any time convert Curious Coins (excluding Promotional Curious Coins) held in your Account to U.S. dollars. Any such payments will be subject to any minimum or maximum withdrawal amounts set by Curious, may be subject to reasonable withholdings to address money-back guarantee periods, charge-backs and refunds, and be made via the payment method specified by Curious from time to time. Curious may require you to convert your Curious Coins (excluding Promotional Curious Coins) into dollars from time to time.
If you are a Student, the paragraph applies to you regarding Curious Coins. Curious Coins (excluding Promotional Curious Coins) do not expire. There are no dormancy or other fees applicable to Curious Coins. Curious Coins may only be redeemed toward the purchase of Lessons. Curious may, in its sole discretion, permit Students to redeem Curious Coin (excluding Promotional Curious Coins) balances in cash (currency or check) for its cash value, or replace it with new Curious Coins at no cost to the Student. Curious Coin (excluding Promotional Curious Coins) balances are redeemable for cash (currency or check) for its cash value when the balance is less than U.S. $10 or as otherwise required by law. If you return any item purchased with a Curious Coin, any refund will be issued to you in Curious Coin. Curious Coins cannot be reloaded, resold, transferred for value, redeemed for cash (except as described above) or applied to any other account, except to the extent required by law.
Promotional Curious Credits.
Curious may, in its sole discretion from time to time, offer certain Students Curious Coins free of charge ("Promotional Curious Credits"). Generally, Students may use Promotional Curious Coins on the same terms as Curious Coins (as described above) within 1 year of issuance (Promotional Curious Coins may, at Curious' option and sole discretion, automatically expire after 1 year of issuance). If you are a Teacher, you agree to the following regarding Promotional Curious Coins: notwithstanding anything to the contrary, (a) when a Student pays for a Charged Lesson with Promotional Curious Coins, the Teacher will be paid in Promotional Curious Coins; (b) Promotional Curious Coins are not equivalent to any U.S. dollar amount and may not be converted to U.S. dollars; and (c) Promotional Curious Coins may be redeemed only for the specific Promotional Curious Coins rewards (e.g., free ad space on the Site) as may be offered by Curious from time to time.
General Payment Terms.
All payment will be in U.S. dollars. Teacher (and not Curious) is responsible for the collection and/or payment of all Taxes arising from the sale or purchase or provision of any Lessons. "Taxes" means any applicable duties, sales taxes, GST, VAT or other taxes. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
Third Party Sites & Ads.
The Site might contain links to third party websites and third party advertisements (collectively, "Third Party Sites & Ads"). Curious does not control or endorse, and is not responsible for, Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply. YouTube is a Third Party Site and Ad. To the extent Teacher uses any content provided through YouTube in any Lessons, YouTube's terms and policies govern Teacher's use of such content in the Lesson.
We reserve the right to modify, suspend or end the Service, or suspend or terminate your Account, at any time, with or without cause, and with or without notice. Upon termination of your Account, your right to access and use the Service will terminate immediately and we may delete your User Content, without any liability to you. Even after these Terms are terminated, the subsections under each of the following sections of these Terms will remain in effect: Sections 1 (other than the subsection titled "Legal definition of the Curious Service"), 3, 5, and 6.
Restrictions and Ownership.
The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; and (c) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Service content must be retained on all copies thereof. You agree not to: (i) use or launch any automated system, including "robots," "spiders," or "offline readers," on the Service; (ii) collect or harvest any information from the Service; (iii) use the Service for any commercial solicitation purposes; (iv) violate any applicable laws; or (v) transmit computer viruses, worms, or any software intended to damage or alter a computer system or data onto the Service. Excluding your User Content, you acknowledge that all the IPR in the Service are owned by Curious or its licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such IPR. Curious and its licensors reserve all rights not granted in these Terms. If you provide Curious any feedback ("Feedback"), you hereby assign to Curious all right, title and interest in the Feedback and agree that Curious may freely use such Feedback. Copyright © 2012, Curious. All rights reserved. You are not permitted to use any trademarks, logos, and service marks on the Service without our prior written consent or the consent of the applicable third party owner thereof.
You agree to defend, indemnify and hold harmless Curious from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to (a) your use of the Service, (b) your User Content, (c) your interaction with any other User, or (d) your violation of these Terms or any applicable laws.
WARRANTY DISCLAIMERS, OTHER DISCLAIMERS, AND RELEASE.
THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.We make no warranties regarding the Lessons, or any other products or services provided by Teachers, Students, or other Users and each of the foregoing are provided through us "AS IS." Teachers sell and Students buy Lessons at their own risk. Your interactions with other Users are solely between you and such User and Curious will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.You hereby irrevocably and unconditionally release and forever discharge Curious from any and all claims, demands, and rights of action, whether now known or unknown, which are or may be based on any interactions with, or act or omission of, other Users, including Students and Teachers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CURIOUS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CURIOUS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO CURIOUS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Changes to these Terms.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features and are incorporated by reference into these Terms (in the case of a conflict these Terms shall govern). These Terms constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified, so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Curious is that of an independent contractor, and neither party is an agent or partner of the other. You may not assign these Terms without Curious' prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Curious may assign these Terms to any of its affiliates or subsidiaries, or pursuant to a transfer of all or substantially all of Curious' business and assets, whether by merger, sale of assets, sale of stock, or otherwise. These Terms shall be binding upon assignees. You may contact us at 100 Middlefield Road, Menlo Park, CA 94025. In accordance with California Civil Code ¤1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Curious and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or these Terms, shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(c) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(d) With the exception of subparts (1) and (2) in the paragraph 6(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with these Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 6(b) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco County, California.
(e) Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided Curious with written notice prior to the date of termination.
(f) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
(h) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Curious and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or these Terms, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
Dear Curious.com User,
At Curious.com ("Curious") we are extremely committed to protecting your privacy. Generally, we collect personal data from you in order to help you be a more successful learner and/or teacher on Curious. That said, it is important that you understand exactly what our business practices are regarding privacy protection. If you have any questions please don't hesitate to contact us about it. Stay curious!
2. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13.
3. A Note to Users Outside of the United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country; by submitting Personal Data through our Service, you expressly consent to the foregoing.
4. Types of Data We Collect. "Personal Data" means data that allows someone to identify or contact you. We collect information from you as described below.
(a) Information You Provide to Us.
- If you apply to become a teacher ("Teacher") we will collect Personal Data from you, such as your first and last name, e-mail address, phone number and any information you put into the subject section.
- If you apply to become a student ("Student") we will collect Personal Data from you, such as your first and last name, and e-mail address.
- If you ever purchase Service on our Site, we will collect all information necessary to complete the transaction, which may include your name, credit card information, and billing information.
- We retain information on your behalf, such as files that you store (e.g., Lessons) and messages that you send (including the content of the message and the recipient data) using your account with us ("Account").
- If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
- When you participate in one of our surveys or marketing promotions, we may collect additional profile information or other stuff.
- When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
- We may also collect Personal Data or other data at other places on our Site, in conjunction with new or additional features that are intended to assist Students in learning and Teachers in recruiting or teaching Students or to provide other services to you.
(b) Information Collected via Technology.
- Our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
(d) Google Analytics. We currently use Google Analytics. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Website owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: www.google.com/analytics/, www.google.com/privacy.html, and www.google.com/analytics/tos.html.
(a) General Use. We only use the Personal Data you submit to us to respond to requests that you make, to aid us in serving you better, and in the following ways: (1) to facilitate the creation of and secure your Account on our network; (2) to identify you as a user in our system and remember your preferences and the progress you have made using our system; (3) to improve the quality of experience when you interact with our Service; (4) to send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created, and to help you get started using Curious; (5) to send you administrative e-mail notifications, such as security or support and maintenance advisories; (6) to respond to your inquiries and requests; (7) to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and (8) to send newsletters, surveys, offers, and other promotional materials related to our Service and for other marketing purposes of Curious.
(b) Creation of Anonymous Data. We may create anonymous data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Service and improve Site navigation. Curious reserves the right to use anonymous data for any purpose and disclose anonymous data to third parties in its sole discretion.
(a) Profile Information. The following profile information about Teachers is public: the Teacher's first and last name and any biographical information that the Teacher chooses to show in his/her public profile through the privacy settings on the Site. The following profile information about Students is public: the Student's first and last name or the handle that the Student chooses to show in his/her public profile and the Lessons that the Student has "enrolled" in and the Student's progress in such Lessons (e.g., how far, how many exercises, and how many project submissions).
(b) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Service that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; to provide billing/payment services, and/or to provide other services to Curious. These third party service providers are required not to use your Personal Data other than to provide the services requested by Curious.
8. Your Choices Regarding Your Personal Data
(b) Changes to Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud prevention or similar purposes.
9. Security of Your Personal Data. Curious is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, modification, use, disclosure, or deletion. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, you acknowledge that while Curious uses reasonable efforts to protect your Personal Data, Curious cannot guarantee or warrant the security of your Personal Information or that the information on the Service may not be accessed, modified, used, disclosed, or deleted by unauthorized persons.
Curious.com Incorporated, 100 Middlefield Road, Menlo Park, CA 94025
(Last revised on: September 18, 2012)
Curious ("Curious") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Curious will respond to claims of copyright infringement committed using the Curious Service if such claims are reported to Curious’s Designated Copyright Agent below and substantially complies with the Notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to Curious’ Designated Copyright Agent. Upon receipt of Notice as described below Curious will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. In addition Curious has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users of the Service who are repeat infringers of intellectual property rights, including copyrights.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Curious’s Designated Copyright Agent:
100 Middlefield Road
Menlo Park, CA 94025
CURIOUS 52 WEEK CHALLENGE TERMS AND CONDITIONS
(Last revised on: January 9, 2014)
THE CURIOUS 52 WEEK CHALLENGE CONTEST (“Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
1.1 This Contest is available only to those persons, 18 years of age or older (at the time of entry), who are legal residents of the fifty States and the District of Columbia (“Entrant(s)”, “you”, “your(s)”). Residents of Quebec are not eligible to participate.
1.2 Affiliates and subsidiaries of Curious.com, Inc., (the “Sponsor”), any of its advertising or promotional agencies, any provider of any prize offered in this Contest, any business or entity, or any employees of Sponsor directly involved in the development, production, implementation, administration or fulfillment of this Contest, and the immediate family members of any of the above (meaning spouses, parents, siblings and children living in the same household) and/or those living in the same household (whether related or not) are not eligible to enter or win.
2.1 The Contest begins January 10th, 2014 at 12:00:01 AM Pacific Standard Time and ends on January 2nd, 2015 at 11:59:59 PM Pacific Standard Time (“Contest Period”). The Contest consists of four (4) quarterly milestones (the “Milestone(s)”). Each Milestone will commence at 12:00:01 AM Pacific Standard Time on the first day of the quarter and shall end at11:59:59 PM Pacific Standard Time on the last day of such calendar quarter (each, a “Milestone Period”).
12:00:01 AM Pacific Standard Time, January 10, 2014.
11:59:59 PM Pacific Standard Time, April 3, 2014.
12:00:01 AM Pacific Standard Time, April 4, 2014.
11:59:59 PM Pacific Standard Time, July 3, 2014.
12:00:01 AM Pacific Standard Time, July 4, 2014.
11:59:59 PM Pacific Standard Time, October 3, 2014.
12:00:01 AM Pacific Standard Time, October 4, 2014.
11:59:59 PM Pacific Standard Time, January 2_, 2015.
3. HOW TO ENTER AND PARTICIPATE:
3.1 Visit HYPERLINK www.curious.com (the “Website”) and follow the on-screen instructions to register for a free account (“Registration”) if you don’t already have oneby providing your name and email address. After you create your account you will be asked if you want to take the Curious 52 Week challenge. Alternately, existing Curious account holders can register for the Contest by visiting HYPERLINK www.curious.com/curious52 and logging in to their account. By clicking “Take the Challenge” on either of these screens you will be entered into the contest under the email address you logged in with.
3.2 Each Milestone will require you to earn points by completing 13 designated online lessons (“Lesson”) and to submit the required proof that you completed each lesson (“Lesson Proof”). Every week a new Lesson for the contest will be announced and posted on HYPERLINK www.curious.com/curious52 along with the corresponding Lesson Proof. You must submit your Lesson Proof using the “Curious Card” functionality available on the Website at the end of the Lesson while you are logged in with the account used to register for the Contest. You may submit a Lesson Proof for any given Lesson as many times as you like before the end of the corresponding Milestone Period, but only your most recent submission of a Lesson Proof will be deemed an entry for the applicable Lesson at the time such Lesson Proof is submitted.
3.3 For greater certainty, there is a limit of one (1) Submission (as defined in Section 4.2 below) that may be submitted per person per Lesson and you can only use one (1) email address to enter the Contest. Entrants may submit one (1) Submission for each Lesson, but Entrants are not obliged to submit a Submission for all Lessons. However, as the winner will be based on the most points accumulated over the entire Contest Period, it is advisable to provide a Submission for each Lesson. If it is discovered that any person has attempted to: (a) obtain more than one (1) Submission per person per Lesson; and/or (b) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest.
3.4 Your Submission(s) will be rejected (and no points will be awarded) if (in the sole discretion of the Sponsor): (a) the Submission is in a different form than that specified for the Lesson Proof for that specific Lesson; (b) the timestamp of the Submission (which is the time you submitted the most recent Curious Card for the Lesson) is after the end of the corresponding Milestone Period; or (c) the timestamp of the Submission is before the timestamp of the email announcing the applicable Lesson as part of the Contest.
3.5 Submissions will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All Submissions are subject to verification. The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest, to verify that he/she is the Authorized Account Holder of the email address associated with a selected Submission and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Official Contest Rules (the “Rules”). Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.
3.6 By entering the Contest and submitting a Submission, each Entrant: (a) grants to the Sponsor, in perpetuity, a irrevocable, exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Contest or for any other reason; (b) waives all moral rights in and to his/her Submission in favor of the Sponsor to the fullest extent permitted by law; and (c) agrees to release and hold harmless Sponsor, its employees, agents, officers, and directors (the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Submission.
4. WINNER SELECTION PROCESS:
4.1 Each week, Sponsor shall publish a new Lesson at the Website.
4.2 Publisher shall award the following points in connection with each Lesson (“Points”):
First 520 Entrants to Submit a Submission
All other Entrants That Submit a Submission
Submission of a Lesson Proof in the exact form designated on www.curious.com/curious52 for the applicable the Lesson (each a “Submission”) is the only way to earn points in the Contest and any submission in a form different than that specified, will not be accepted.
4.3 Within two (2) business days of the award of the final points after close of each Milestone, Sponsor shall tally all Points recorded in its own official records as being awarded during that Milestone. The Entrants with the highest overall point tallies (“Scores”) shall be eligible to receive the prizes (each a “Prize”) with the approximate retail values (“ARV”) described below:
The top  Entrants with the highest overall Scores earned during the Milestone Period
The Milestone prize set forth on the Contest page on the Website with an ARV no less than $10 but no more than $50.
All Entrants who submit a Submission for every Lesson during the Milestone Period
One (1) year FREE access to all lessons from the same Teachers that provided the Lessons in the Contest during the applicable Milestone Period.
4.4 In addition to the award of the prizes for each individual Milestone described above, within two (2) business days of the award of the final Points after close of Milestone 4, Sponsor shall tally all Scores recorded in its own official records as being awarded during the entire Contest Period and award the additional Prizes described below:
The top 520 Entrants with the highest overall Score for the entire Contest Period, who also submitted all fifty two (52) Submissions
Entrant’s choice of:
(a) the base model Apple® iPad mini available in the Apple Store at the end of the Contest Period (as of January 10, 2014, 16 GB Apple® iPad mini with Wi-Fi); ARV: $299, or
(b) a $300 Apple Store gift card; ARV: $300
All Entrants that submitted all fifty two (52) Submissions
One (1) year FREE access to all lessons from the same tutors that provided the Lessons in the Contest
4.5 In the event of a tie between two or more Entrants based on total Score, the Sponsor shall deem the Entrant(s) who averaged the fastest completion times for all Lesson Proofs submitted during the corresponding Milestone Periods as the winner. The average completion time for all Lesson Proof shall be calculated by dividing the sum of all Submission Completion Times by the total number of Lessons for the applicable Milestone Period. As used herein, “Submission Completion Time” means the difference between the time notice of a Lesson is posted on the Website and the time an Entrant successfully submits a Submission for such Lesson.
4.6 The Sponsor, or its designated representative(s) will make a maximum of three (3) attempts to contact the eligible winners within five (5) business days of the end of the Milestone, or Contest Period, as applicable, using the email address associated with the Entrants Curious account. If a eligible winner cannot be contacted within three (3) attempts or five (5) business days as outlined above (whichever occurs first), or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor shall award the applicable Prize to the Entrant with next highest number of Points and so on and so forth until all Prizes have been awarded (For the avoidance of doubt, only ONE Prize per Entrant will be awarded).
4.7 Before being confirmed as a winner, each eligible Entrant may be required to sign and return within 10 business days of notification a declaration and release prepared by the Sponsor, which, among other things: (a) confirms compliance with these Rules; (b) grants Sponsor the right to use the Lesson Proof and winner’s name and likeness in promotional and marketing materials for the Website; and (c) agrees to release the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of any Prize or any portion thereof.
5. ADDITIONAL TERMS AND CONDITIONS
5.1 No correspondence about Submissions will be answered.
5.2 By entering, you also agree that Sponsor may publish your name and Submission (including any materials that constitute a Lesson Proof) on the Website or in such other media or formats as Sponsor may elect without further notice or compensation. By entering, you also agree to confirm to Sponsor any of the above in writing.
5.3 The Releasees are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, Internet Service Provider (ISP) or other connection availability, server malfunction, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions or any human, mechanical or technical or electronic error which may occur in the collection and processing of Submissions and/or votes; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected or incomplete Submissions, votes or personal information or mail; or (d) any condition caused by events that may cause the Contest to be disrupted or corrupted, regardless of the reason. Sponsor is not responsible for injury or damage to participants' or any other person's computer or property related to or resulting from participating in this Contest.
5.4 Sponsor reserves the right, at its sole discretion, to cancel, amend or suspend the Contest or any portion thereof (including, without limitation, amending these Rules) should viruses, bugs, technical difficulties, suspected or actual electronic tampering, or other causes corrupt the administration, security, integrity or proper play of the Contest. In the event of cancellation or suspension, notification thereof will be posted on the Website and prizes will be awarded based all eligible Submissions legitimately received immediately prior to the event(s) causing the termination or suspension. Persons who tamper with or abuse any aspect of the Contest, or Website, or act in violation of the Rules, or act in any manner to threaten or abuse or harass any person, or violate Website's terms of service, as solely determined by the Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject that Entrant to disqualification.
5.5 Contest, including construction, validity, interpretation and enforceability of these Rules shall be: (1) governed by the laws of the State of California without regard to choice of law or conflict of law principles (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California; (2) any dispute, claims and causes of action arising out of or connected in any way with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in the county of San Mateo in the state of California; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
5.6 Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Submission(s) with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules. All changes to these Rules will be posted in revised official rules on the Website.
5.7 In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Registration form, Website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
5.8 For names of Winners, email Sponsor at firstname.lastname@example.org for a period of thirty (30) days after winners have been selected.
5.9 Sponsor is Curious.com, Inc., and can be reached at 100 Middlefield Road, Menlo Park, CA 94025
5.10 This Contest is in no way sponsored, endorsed or administrated by, or associated with Apple, Inc . Apple® and iPad® are a registered trademarks of Apple, Inc. All rights reserved.
© 2014 Curious.com, Inc., All other trademarks are the property of their respective owners.
CURIOUS REFUND POLICY
Curious reserves the right to refund the Lesson Price for a Charged Lesson to a Student within 7 days of the Student purchasing the Lesson, if the Student is not satisfied. After 7 days refunds will be given to Students on a case by case basis.
CURIOUS PRICING GUIDELINES
Curious does not currently allow teachers to set the price of Charged Lessons independently. All prices are set by Curious with permission from the Teacher.