Legal Stuff

A really fun read.

(Last revised on February 10, 2015)

Thank you for using Curious!  We can't wait to welcome you to our family of teachers and learners around the world who are making the Curious platform better every day.  These Terms of Use ("Terms") govern your use of the Curious ("Curious," "us," and "we") website residing at http://curious.com (the "Site") and the Service.  In addition, we ask that you review and abide by our Curious Community Guidelines.  These guidelines and terms aren't just the usual yada yada, so please read them carefully before using our Service.

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 INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

IF YOU SUBSCRIBE TO THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT CURIOUS’ THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4 BELOW.

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, and Teachers may decide which Lessons are Charged Lessons.  Most Charged Lessons are available to Students upon payment of the Curious Subscription Fees (as defined in Section 4) (“Curious+ Lessons”, although Curious may, from time to time, offer certain premium Charged Lessons, such as boot camps on a particular topic, for a separate fee (“Premium Lessons”). 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, 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 Students who have already Enrolled in the Lesson, but will not be available to Students who did not Enroll in the Lesson prior to the date of the Charged Lesson’s removal.  Notwithstanding any removal, Curious may retain server copies of the removed Lessons.  As used herein, “Enroll” means any affirmative action taken by a Student (such as a “click”) to continue viewing a Charged Lesson after the Charged Lesson’s preview.

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.

In order to access Curious+ Lessons, Students will need to pay the applicable Curious Subscription Fees to purchase a subscription from Curious.  Students may access Premium Lessons by paying Curious the applicable fee listed on the Site.

Students will be responsible for payment of the applicable Curious Subscription Fees at the time they select their monthly or annual subscription package (each, a “Service Commencement Date”).  Except as set forth in these Terms, all fees for the Services are non-refundable.  The current "Curious Subscription Fees" will be set forth at http://curious.com and may be modified by Curious from time to time.  Existing subscribers can view their existing monthly or annual subscription package by logging in at http://curious.com and going to the Account Services page. Student will not pay Teacher outside the Service in connection with the Lesson.

How selling lessons work.

Curious will pay Teacher the Teacher Payment.  The "Teacher Payment" means a license fee based on the volume of views by Students of those Curious+ Lessons created by the Teacher, as further described at: http://curious.com/legal#teacherPayments.

How refunds work.

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.

Curious Account Credit.

Besides paying for Charged Lessons in U.S. Dollars, Curious may offer Students the opportunity to pay for Charged Lessons with credit accrued in their Curious account (“Curious Account Credit”). Students may purchase Curious Account Credit with a credit card and PayPal. One dollar of Curious Account Credit (excluding Promotional Account Credit) is equivalent to one U.S. dollar. Curious Account Credit is 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 Account Credit. The balance of any Curious Account Credit 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 Account Credit (excluding Promotional Curious Account Credit) 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 Account Credit (excluding Promotional Curious Account Credit) into dollars from time to time.

If you are a Student, the paragraph applies to you regarding Curious Account Credit. Curious Account Credit (excluding Promotional Account Credit) does not expire. There are no dormancy or other fees applicable to Curious Account Credit. Curious Account Credit may only be redeemed toward the purchase of Lessons. Curious may, in its sole discretion, permit Students to redeem Curious Account Credit (excluding Promotional Curious Account Credit) balances in cash (currency or check) for its cash value, or replace it with new Curious Account Credit at no cost to the Student. Curious Account Credit (excluding Promotional Curious Account Credit) 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 Curious Account Credit, any refund will be issued to you in Curious Account Credit. Curious Account Credit 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 Account Credit free of charge ("Promotional Curious Account Credit"). Generally, Students may use Promotional Curious Account Credit on the same terms as Curious Account Credit (as described above) within 1 year of issuance (Promotional Curious Account Credit may, at Curious' option and sole discretion, automatically expire). If you are a Teacher, you agree to the following regarding Promotional Curious Account Credit: notwithstanding anything to the contrary, (a) Promotional Curious Account Credit is not equivalent to any U.S. dollar amount and may not be converted to U.S. dollars; and (b) Promotional Curious Account Credit may be redeemed only for the specific Promotional Curious Account Credit rewards (e.g., free ad space on the Site) as may be offered by Curious from time to time.

General Payment Terms.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide Curious with a valid credit card or PayPal account (“Payment Provider”).  Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the terms to determine your rights and liabilities.  By providing Curious with your credit card number or PayPal account and associated payment information, you agree that Curious is authorized to immediately invoice your Account for all fees and charges due and payable to Curious hereunder and that no additional notice or consent is required.  You agree to immediately notify Curious of any change in your billing address or the credit card or PayPal account used for payment hereunder.  Curious reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by email delivery to you.

If your Account has a positive balance of Curious Account Credits, Curious will draw down upon such credits for all fees or charges to your Account prior to charging your Payment Provider.  Once your Account balance of Curious Account Credits is equal to zero, Curious will charge your Payment Provider in accordance with this Section.

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.

Curious uses Stripe as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services).  By making use of some or all of these payment services on Curious you agree to be bound by Stripe's terms and conditions (available at https://stripe.com/terms along with its privacy policy: https://stripe.com/privacy) and hereby consent and authorize Curious to delegate the authorizations and share the information you provide to us with our Third Party Service Provider(s) to the extent required to provide the Payment Services to you. Stripe may also be contacted directly for payments support by email at info@stripe.com.

Automatic Renewal.

Your subscription will continue indefinitely until terminated in accordance with the Terms.  After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional equivalent period, at Curious’ then-current price for such subscription.  You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account at www.curious.com and going to the “Account Settings” page.  If you cancel your subscription, you may use your subscription until the end of your then-current subscription period.  By subscribing, you authorize Curious to charge your Payment Provider now, and again at the beginning of any subsequent subscription period.  Upon renewal of your subscription, if Curious does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Curious may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be reactivated and for the purposes of automatic renewal, your subscription commitment period will begin as of the day payment was received).

Free Trials and Other Promotions.

Any free trial or other promotion that providers Users with access to Curious+ Lessons must be used within the specified time of the trial.  At the end of the trial period, and your initial subscription period will begin in accordance with the terms of this Section, unless you cancel your free trial by logging into your account at www.curious.com and going to your Account Settings page.  If you cancel your free trial or other promotion, your use of those Curious+ Lessons will expire at the end of the free trial and any further use of Curious+ Lessons is prohibited unless you pay the applicable subscription fees.

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.

Termination.

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.

Indemnity.

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.

General.

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 101 Jefferson Drive, #228, 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 ARBITRATION AGREEMENT CAREFULLY. It is part of your contract with Curious and it affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(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 on an individual basis under the terms of this Arbitration Agreement.

(b) Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to Curious should be sent to: 101 Jefferson Drive, #228, Menlo Park, CA 94025.  After the Notice is received, you and Curious may attempt to resolve the claim or dispute informally.  If you and Curious do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) 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 (“ADR Provider”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the ADR Provider’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes (“Arbitration Rules”).  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may  be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

(d) THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between you and Curious in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CURIOUS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(e) If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(f) If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Curious, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and Curious.

(g) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.

(h) Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

(i) 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 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.

(j) 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.

(k) 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.

(l) 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!

Sincerely,

Team Curious

Privacy Policy Version 1.1 (Last revised on May 24, 2018)

We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at curious.com, ("Site") and the services we provide through our Site (collectively, with the Site, the "Service").

1. User Consent.  By submitting Personal Data through our Service, you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

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, e-mail address, and educational preferences.
• 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.
• We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed.  "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a web site.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them).  Persistent Cookies can be removed by following Internet browser help file directions.

(c) Social Networking Sites.  If you (i) log on to the Service with your login credentials from a social networking site (such as Facebook, Twitter, Pinterest, or LinkedIn) ("Social Networking Site") or (ii) associate your Account with your account at a Social Networking Site, we may receive information about you from such Social Networking Site, in accordance with such Social Networking Site's terms of use and privacy policy ("SNS Terms").  We may add this information to the information we have already collected from you via the Service.  If you elect to share your information with these Social Networking Site, we will share information with them in accordance with your election.  For example, but without limitation, you may elect to share your Lesson on Facebook.  The SNS Terms will apply to the information we disclose to them.

(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.  We may also use Google Analytics to remarket our Site to you by serving ads on on our behalf on third party websites.  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.

(e) Advertisements.  We may also use third parties, such as Google, to serve ads on our behalf on third party websites. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertisements related to our Site by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices.

5. Use of Your Personal Data. We use and process your Personal Data as described below and elsewhere in this Privacy Policy.

(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; (8) to send newsletters, surveys, offers, and other promotional materials related to our Service and for other marketing purposes of Curious; (9) to personalize educational recommendations to you based on your preferences.

(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.

6. Disclosure of Your Personal Data.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

(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 completed assignments).

(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.

(c) Affiliates and Acquisitions  We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.  If another company acquires our company, business, or our assets, including in connection with a bankruptcy proceeding, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy

(d) Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), Curious may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Curious; (c) to protect or defend the rights or property of Curious or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

7. Third Party Websites.  When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect information from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.  For the avoidance of doubt, YouTube is a third party website.  To the extent any content provided through YouTube is used in any lessons on the Service, YouTube's privacy policy governs YouTube's collection, use and disclosure of your information in connection with such content in the lesson.

8. Your Choices Regarding Your Personal Data

(a) Choices.  We offer you choices regarding the collection, use, and sharing of your Personal Data.  We will periodically send you free newsletters and e-mails that directly promote the use of our Service.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.

(b) Changes and Corrections to Personal Data.  You may change or correct 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) as required by law.  When we delete any information, it will be deleted from the active database, but may remain in our archives until those archives expire.  We may retain your information for fraud prevention or similar purposes.

(c) Access to Personal Data.  You may request to obtain a copy of your Personal Data. We will provide that copy in a reasonable timeframe.

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.

10. Contact Information.  Curious welcomes your comments or questions regarding this Privacy Policy.  Please e-mail us at feedback@curious.com or contact us at the following address:

Curious.com Incorporated, 101 Jefferson Drive, #228, Menlo Park, CA 94025

11. Changes to This Privacy Policy.  This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us 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.

(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”)

1. 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.
2. 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.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   1. “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).”
   2. “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.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Curious’s Designated Copyright Agent:

Copyright Agent
Curious.com Incorporated
101 Jefferson Drive
#228
Menlo Park, CA 94025
copyright@curious.com

We founded Curious to help the world’s best teachers share their intellectual property with the world’s students--and be rewarded financially for it. The success of our business is predicated on the success of our teachers. To that end, we strive to share as much revenue as possible with our teachers while still investing in the long-term viability of the Curious platform.

The details of how revenue is netted and distributed are described below. Please note, the details may change from time to time as we adjust to the constantly-changing online learning landscape. What will never change is our commitment to the long term success of every teacher on the Curious platform.

Revenue Share:

Teachers currently earn a minimum of 70% of all net revenue. Net revenue is calculated by subtracting marketing, advertising, and transaction fees from the gross revenue. Gross revenue is money earned from subscription fees plus any other revenue we collect for access to teachers’ content.

How we share Curious subscription fees with our teachers:

Most of our revenue comes from subscription fees. We must calculate each teacher’s share of these fees based on how often his/her content is viewed in a given month. The payment is based on the percentage of Curious’ aggregate monthly subscriptions, enrollments, and views involving the teacher’s content.

The monthly activities that primarily influence a teacher’s earnings, in order of weight, are:

• First enrollments made by a new subscriber
• Subsequent enrollments made by a new or existing subscriber
• Views by a subscriber that don’t result in an enrollment
• Enrollments by a free member
• Views by a free member that don’t result in an enrollment

Other Sources of Teacher Revenue:

• Tips. 100% of Tips are paid from Students to Teacher.
• Referral Bounties. A $2 referral "bounty" for each free Curious member referred by the Teacher in the previous month using the Curious bounty system; and a $20 referral "bounty" for each Curious+ subscriber referred by the Teacher in the prior prior month (e.g. Fees paid in March would be for subscribers referred in January) that are still subscribers at the time of payment.

NOTE: Important details of the Curious bounty system, and how Teachers receive payments, are available when Teachers log in to the Curious Teacher Lounge at https://curious.com/teach/learning-center/payment.

Curious will refund to the Student all or a portion of the Curious Subscription Fees from the current subscription period, if the Student is not satisfied. These refunds will be given on a case by case basis, and in no case will a refund be due that is greater than Curious Subscription Fees paid in the current subscription period.

Curious offers the following all-access subscriptions:

• 1 month: $9.99
• 1 year: $69.99

These prices are for United States customers. Pricing in other countries may vary and actual charges may be converted to your local currency depending on your country of residence.

Your Curious subscription automatically renews 24 hours before the end of the subscription term unless auto-renewal is turned off. Subscription renewals cost the same amount as the original subscription, and your credit card will be charged through your iTunes account at confirmation of purchase. You may turn off auto-renewal at any time after purchase by going to your iTunes Account Settings.

Your subscription can be managed in the Settings screen in the More tab of the Curious app.