Terms of Service

Hi, we're Ninja Plans and welcome! We're happy to have you here and we hope you enjoy your stay.

  1. 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.
  2. Ninja Plans' 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.
  3. The Ninja Plans sites are platforms that allow members to download and upload licenses to use digital item, assess and analyse student progress over time, read and write teacher blogs, plan for a school day, unit, and year, and share inspired resources with other educators.
  4. Some examples of digital items available on the site include 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.
  5. 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 at the discretion of us. If the content provider deletes their account prior to this period of time elapsing, the resource may remain available until the six month period has ended.
  6. 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 (of course), but you will also need to cease using our sites because your presence on and use of Ninja Plans is conditional on your acceptance to be bound by these terms and the Privacy Policy (whether you become a member or not).

How browsing and membership works

This section will help you understand what membership to the Ninja Plans website means.

Browsing

  1. 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.
  2. Our sites are entirely geared towards educators, whether they be classroom teachers, home schooling persons, or otherwise. Sure, our site is safe for kids to browse, but we don't recommend it because it will bore them to tears.

Membership

  1. 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.
  2. Benefits: Membership to access educator-contributed teaching resources 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 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. Free membership to our site does not grant you access to our assessing, planning, blogging, and inspiration gallery tools, however. For those, you must subscribe to an ongoing paid membership.
  3. 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 transferable. 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.
  4. 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.
  5. Subscriptions: You are required to purchase a subscription with us in order to unlock full access to our available features and sites. Membership can be paid for monthly or yearly. You will be automatically billed at the start of each billing period, so it's important to keep your credit card information with us up-to-date. A user is entitled to a 7-day free trial when subscribing. You may cancel your subscription at any time without penalty. You may also reinstate a previously-cancelled subscription at any time.

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

  1. 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.
  2. 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.

Downloader services:

  1. 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 appropriately;
    • 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 services; and
    • we have the right to enforce against you the terms of the license that you have acquired from a content provider.
  2. 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 third party;
    • the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    • 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 trading);
    • 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.

Refunds

This section will help you understand what you are entitled to with regards to recouping costs or applying for refunds.

  1. 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 laws.
  2. If you are a member who holds an active subscription, you may cancel your subscription at any time without penalty. You may be refunded in full or in part (or not at all), at the sole discretion of us. If a refund is issued, it will appear as a credit approximately 5-10 business days later, depending on your bank.

Intellectual Property

This section will help you understand the relationship between site entities and ownership of materials.

  1. What we own: We own the name "Ninja Plans" and hold a Trademark on this brand name. We own all of 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, look and feel of the Ninja Plans site(s), 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.
  2. What we don't own: We do not own the items on the Ninja Plans resource pages; our content providers do. Therefore, 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 § 17 - What content providers promise you about items.)
  3. 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 'Report' button on the item's page and filing a complaint.

Our use of your information

This section will help you understand how Ninja Plans using the information that you provide to us.

  1. 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 from us.
  2. Contacting you: By signing up for a Ninja Plans account and providing us with your email, you agreed to these terms and conditions and gave us express consent to contact you. You may unsubscribe from receiving emails from us at any time by adjusting your email settings in your account.
  3. 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 strictly confidential. And although we have taken measures to secure your information (such as securing our pages with SSL encryption, truncating student last names, and processing and storing your credit card and address information with a certified PCI Service Provider Level 1—the most stringent level of certification available in the payments industry), we can't promise that 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.

Playing fair

This section will help you understand the conduct that is acceptable on our site.

  1. 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 Ninja Plans;
    • 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 defamatory;
    • 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.
  2. 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 § 26 - Prohibited Conduct and you do so at your risk!
  3. 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.

Linking; Apps made by others

This section will help you understand the connectivity between the Ninja Plans site and other websites.

  1. 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.
  2. 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 to us.
  3. 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.

Legal housekeeping

This section will help you understand certain legal rights and indemnities.

  1. 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

  1. We provide Ninja Plans, not the items on Ninja Plans. We are liable and responsible for:
    • 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.
  2. 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 § 33 – Our indemnity to you.

Your indemnity to us

  1. 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 others;
    • 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.
  2. 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 § 35 – 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.
  3. We take reasonable steps to ensure your data is backed up periodically. However, should an incident occur where you lose some or all of your Ninja Plans data (including assessment data), you shall be entitled to submit a claim to us for compensation not exceeding one month of subscription service charges, all inclusive. You are not entitled to compensation beyond this relief related to data loss.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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 § 17 - What content providers promise you about items and the disclaimer of authors' liability to buyers in § 40 - Disclaimer.
  9. 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 address.
  10. 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.
  11. Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
  12. Applicable Laws: We control and operate Ninja Plans from our offices in Alberta, Canada. The laws of Edmonton, Alberta, Canada govern these user terms, and you submit to the jurisdiction of the courts there.
Version 2 - Effective date: September 1, 2018.