Welcome to Ninja Plans
- Hi, we're Ninja Plans and welcome! We're happy to have you here and we
hope you enjoy your stay. When we say 'we', 'us' or 'Ninja Plans' it's
because that's who we are and we own and run the Ninja Plans sites.
- Ninja Plans's ecosystem of digital marketplaces helps thousands of people
(mostly from Alberta but also from other regions around the world) share
valuable teaching resources. When you create an account and accept these
terms you become a member of our community. You will have a Ninja Plans
account that will allow you to download and upload items like the ones found
on the Ninja Plans sites and make other related transactions.
- The Ninja Plans sites are platforms that allow members to download and
upload licenses to use digital items like lesson plans, Notebook files,
assessment pieces, unit plans and much, much more. Ninja Plans facilitates
transactions between us, content users and content providers via a
transaction method. Any transactions are logged on your member's statement,
keeping a history of uploads to and downloads from the site.
- The items on Ninja Plans are owned by the authors, not by us. We provide
a platform; we do not take ownership of the items or get any rights to use
the items other than to make them available on and promote our sites. Each
content provider agrees, upon upload, to have their resource made available
to the public for a period of no less than six (6) months from the date of
upload. If the content provider deletes their account prior to this period of
time elapsing, the resource shall remain available until the six month period
- During your time with us you agree to follow the ground rules outlined in
these terms so please read and understand them. If you don't accept the terms
then we'll be sad, but you will need to leave because your presence on and
use of the Ninja Plans sites is conditional on your acceptance to be bound by
you become a member or not.
How browsing and membership works
- Browsing: You need to be 13 years or over to browse the Ninja Plans
sites. We don't knowingly collect any information from anyone aged 13 or
under. When browsing the sites you agree to follow our guidelines or
instructions and keep in mind that these terms apply to any use of our sites
whether or not you're a member.
- Age: You need to be 18 years or over to become a member. If you're under
18 you will need to use the account of a parent or legal guardian who is at
least 18 years of age, with their permission and this adult will be
responsible for all your activities.
- Benefits: Membership is free. When you become a member you get a Ninja
Plans account that is accessible from any of our Ninja Plans sites (and is
also your Ninja Plans account for other Ninja Plans services). Your
membership will allow you to download items from content providers,
participate in our online forums, and generally contribute to our ecosystem
of sites that help people be more productive. Membership also gives you the
opportunity to become a content provider (see section 29 – Becoming a Content
- Your responsibility: You promise that information you give us is true,
accurate and complete and that you will keep your account information
up-to-date (including a working email address). Your membership is not
transferrable. You are responsible for any use of the Ninja Plans sites that
occurs in conjunction with your username and password so keep your password
secure and don't let any other person use your username or password. If you
realize there's any unauthorized use of your password or any breach of
security you need to let us know immediately.
- It is important that you understand your responsibilities as a member of
our community so please take the time to review this section and the Ninja
Plans Terms carefully.
- Referrals: As a part of your membership in our Site, you may be required
to refer a number of colleagues to us in order to unlock full membership
status. This Referral requirement may be waived if you upload content to our
Site for sharing with our members.
How downloading items works
This section will help you understand what you are downloading when you
choose an item and how that transaction takes place on Ninja Plans.
- What you're downloading:
License: When you download an item, you acquire the right
to use that item; you're not actually acquiring the item itself. What you get
includes a license directly from the content provider to use that item in
your particular education setting. Items may be subject to specific terms of
use, and these terms are the 'license' that a content provider might set.
Different license types may be available for you to choose when you have
selected an item. You'll need to think about the way you want to use the item
so that you can pick the right license to allow that use. It's your
responsibility to choose the correct license for your requirements.
Item support: Content providers can choose whether or not
to support certain items. If a content provider chooses to support an item,
this will be identified on the item page.
To learn more about item support, like what items are covered, what authors
provide, the support period and support extension options, see the item
When you download an item you also receive services from Ninja Plans like
downloader support, item quality control and other related downloader
- Terms of downloading: When you download a Ninja Plans item you're doing
so on the following terms:
you promise to us and the content provider that you have carefully
considered the suitability of your chosen download, and that you have chosen
we and the content providers do not promise that any particular item will
continue to be available on Ninja Plans so you should download and save the
item as soon as you determine you want it;
once you download an item, you acquire a non-exclusive license to use the
item under the terms set out in the license (non-exclusive means others might
also license the same item);
the content provider retains ownership of the item;
your relevant details may be provided to the content provider of the item
in order to facilitate the transaction, for example for item support
we have the right to enforce against you the terms of the license that you
have acquired from a content provider.
It is important that you understand the terms on which you are downloading
an item. Please take the time to review this section carefully.
- What content providers promise you about items: The content provider of
an item you download promises you that:
they own or have rights to use the intellectual property rights in that
item and that item does not infringe the intellectual property rights of a
the item is not false, inaccurate, misleading, fraudulent, unlawful or
the item does not violate any applicable law or regulation (including
those governing export control, consumer protection, unfair competition,
criminal law, pornography, anti-discrimination, trade practices or fair
the item does not contain viruses or other computer codes, files or
programs which are designed to limit or destroy the functionality of other
computer software or hardware.
This is what content providers are promising you when you download an
- Given the nature of downloadable digital items and the fact that our
resources are free, we do not offer a refund or credit on a download unless
required under Canadian consumer law or other relevant consumer protection
- What we own: We own all the Ninja Plans content that we have put on Ninja
Plans (unless otherwise stated and excluding content owned by others). This
includes the design, compilation, and look and feel of the Ninja Plans sites,
and copyright, trademarks, designs and other intellectual property on Ninja
Plans. We own all the trademarks, logos, service marks and trade names on
Ninja Plans (unless otherwise stated and excluding these things owned by
others). You will not copy, distribute, modify or make derivative works of
any of our Ninja Plans content or use any of our intellectual property in any
way not expressly stated in these terms.
- What we don't own: We do not own the items on the Ninja Plans resource
pages; our content providers do. So we cannot take responsibility for the
quality, safety or legality of the items. We do not warrant that the items or
any member content, code, data or materials available on or via the Ninja
Plans site do not infringe the intellectual property rights of a third party.
(Each content provider provides warranties to you directly when you purchase
their item – see section 20 - What content providers promise you about
- Copyright, trademark and intellectual property claims: We respect the
intellectual property rights of others and we require that content providers
do the same. If you believe that an item or member content infringes an
intellectual property right (including copyright) please contact us.
Alternatively, you may dispute any item on our site by clicking the 'Dispute'
button on the item's page and filing a complaint via the form.
Our use of your information
- Privacy: We respect your privacy. When you become a member you will be
asked to provide some information about yourself. This information may be
used by us and contractors in connection with providing the Ninja Plans sites
and their services, including marketing activities.
forms part of these terms.
- Confidential Information: We value your information and take reasonable
precautions to protect it. While we take reasonable steps to preserve the
security of your information, please be aware that we can't promise that your
use of the Ninja Plans site will be confidential, and we can't promise that
any information you provide to us is perfectly secure. While using Ninja
Plans, you may also become aware of confidential information about us or
another member. You promise to not disclose any confidential information made
available to you through the Ninja Plans site to any other person.
- Prohibited Conduct: Ninja Plans is founded on the idea of community and
like any functioning and healthy community, some things are not allowed and
will not be tolerated. We aim to take a common sense approach to the general
code of conduct on Ninja Plans but you promise that you will not:
use a false email address, impersonate others, or misrepresent your
affiliation with others;
attempt to gain unauthorized access to computer systems or content through
attempt to contact other members through Ninja Plans or use any
information gained from Ninja Plans with the intention to make a private
arrangement that would otherwise be made using Ninja Plans;
enter any arrangements that are not consistent with, or are intended to
apply in addition to, these terms;
use information gathered from or through Ninja Plans in a way that may
confuse or mislead consumers (for example, automatically gathering
information to set up a site that looks like one of our sites);
attempt to or actually interrupt, negatively impact or alter the Ninja
Plans operation in any way;
use Ninja Plans or any of the content in a way that violates applicable
law, that violates the intellectual property or other rights of us or others,
or that is fraudulent, obscene, unprofessional, offensive, misleading or
modify, reproduce, display, publish, distribute, copy, transmit, perform,
license, create derivative works from, transfer, or sell or re-sell any
information, content, software, or item obtained from or through Ninja Plans,
other than in accordance with these terms or the license for the item.
- We strongly recommend that you don't make your contact details public on
Ninja Plans or in any communications via the Ninja Plans sites. Contact
details include your email address, street address and phone number (but not
social network handles). If you do, it must not be for any reason prohibited
under section 20(c) - Prohibited Conduct and you do so at your risk!
- Content removal: We can look at or remove any of your content for any
reason at our discretion. Reasons might include quality assurance, if we
receive a valid copyright take-down notice, if we think that the use of your
content is unauthorized, misleading, incorrect, offensive, or in breach of
anyone else's rights, or if we think that your use of Ninja Plans and any
content might result in liability to us or anyone else.
- Community participation: We take great pride in our global and thriving
community—it's part of what makes Ninja Plans such a friendly place. We
focus on transparency and mutual respect and invite you to participate, give
feedback and have your say. Before participating on Ninja Plans, please read
the Community Guidelines, as you agree to follow them as part of these
Linking; apps made by others
- Linking to Ninja Plans: We'd be delighted if you decide to link to Ninja
Plans from other sites but you have to link to a full version of a page as
seen by someone navigating directly to the Ninja Plans site and looks the way
we've intended and not link directly to an image hosted on Ninja Plans. That
includes no "in-line" linking methods resulting in images hosted on Ninja
Plans being displayed on other sites. You must not "frame" any Ninja Plans
pages by surrounding those pages with someone else's content, materials or
branding. We reserve the right to insist that any link to Ninja Plans be
discontinued, and to revoke your ability to link to Ninja Plans.
- Links from Ninja Plans: Our sites may contain links to other non-Ninja
Plans sites. We have no control or responsibility over anything on those
sites, and do not endorse or sponsor those sites, even if they are affiliated
- Third party developers: We welcome the contribution of our members and
broader community, who offer applications that work with Ninja Plans. You
will need to form your own view about these applications and their
developers; we're not able to warrant or endorse those applications and
disclaim liability relating to these applications.
- Eligibility, suspension or termination: Membership is not an automatic
right, it is a benefit for community members who follow our reasonable rules
and treat other community members well. We hope that you will be with us for
a long time. But we do reserve the right, based on our reasonable discretion,
to determine whether or not your use of Ninja Plans complies with these
terms. We can suspend or terminate your Ninja Plans account at any time for
any reason (acting reasonably of course), including if you don't comply with
these terms. If we do decide to permanently terminate your Ninja Plans
account you must not apply for a new account as unfortunately you will no
longer be welcome in our community.
Our indemnity to you
- We provide Ninja Plans, not the items on Ninja Plans. We are liable and
our use of Ninja Plans;
the services, messages, Ninja Plans content, software or other information
we send through Ninja Plans;
Ninja Plans content breaching of any intellectual property rights
belonging to others;
our breach of these terms;
our breach of any industry code, regulation or law that applies.
- You have no responsibility to us for, and we agree to indemnify you from,
all liabilities, costs, expenses (including legal fees) and loss arising from
third party claims due to any of the matters set out in the previous section
28 – Our indemnity to you.
Your indemnity to us
- You are liable and responsible for:
your use of Ninja Plans;
the items, message, content, information, software or other materials you
send through Ninja Plans;
your content breaching any intellectual property rights belonging to
your breach of these Ninja Plans Terms;
your breach of any license of an item;
your breach of any industry code, regulation or law that applies.
- We have no responsibility to you or to any other person for all
liabilities, costs, expenses (including legal fees) and loss arising from
third party claims due to any of the matters set out in the previous section
30 – Your indemnity to us and you agree to indemnify us, our directors,
officers, employees and agents from all losses.
This means that you protect us from costs and claims that happen because of
your actions on the site.
- We reserve the right, at our own expense, to assume the exclusive defence
and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with our defence of such claim.
- Availability: We strive to have Ninja Plans available to you 24 hours a
day, seven days a week but you know how the Internet works: occasionally you
might not be able to access Ninja Plans, and this might happen for any
reason, at any time, with or without notice, or at our absolute discretion.
We might also change aspects of how Ninja Plans works. We will not be liable
to you for any loss you suffer as a result of these things.
- Third party: If you're agreeing to these terms on behalf of someone else
(like your employer), then you're promising to us that you have full legal
authority to bind that third party.
- Disclaimer: In some places there may be consumer or fair trading laws
that apply and that may give you rights that we cannot exclude, restrict or
modify ('non-excludable law'). We do not exclude or modify any non-excludable
law. Except as provided in a non-excludable law, we are bound only by the
express promises made in these terms and we are not bound by implied terms.
Except as provided in a non-excludable law, our and each content provider's
liability for breach of any implied warranty or condition which cannot be
excluded is limited, at our or the content provider's option, to either
replacement or paying the cost of replacement.
- Relationship between the parties: Nothing in these terms is to be
construed as constituting a partnership, joint venture, employment or agency
relationship between you and us, or between you and any other member. Neither
you nor us can bind each other in any way. We are, however, an agent of the
content providers only for the limited purposes of the content providers'
providing warranties to buyers in section 13 - What authors promise you about
items and the disclaimer of authors' liability to buyers in section 35 -
- Notices: Any notice you send us must be submitted via a help request. Any
notice we send to you will be emailed to your Ninja Plans account email
- Changes to Ninja Plans Terms: Although we can change any of our terms at
any time we will take reasonable steps to let you know when we do so.
- Interpretation: Words like 'include' and 'including' are not words of
limitation and where anything is within our discretion we mean our sole
- Applicable Laws: We control and operate Ninja Plans from our offices in
Canada. The laws of Edmonton, Alberta, Canada govern these user terms, and
you submit to the jurisdiction of the courts there.
Version 1.0 - Effective date: September 1,