KET Website Terms of Use

The following Terms of Use govern the use by you of the KET.org website and the website of any direct KET affiliate, such as ketfastforward.org (collectively, the “Site”) and the Services, as hereinafter defined:

The Terms of Use set forth herein apply to all materials, online communications and other information (collectively, “Information”) that is or becomes available on the Site, including information submitted by you. BY USING OR VISITING THE SITE OR ANY KET PRODUCT, SOFTWARE, DATA FEED, OR SERVICE PROVIDED TO YOU ON, FROM OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”) YOU SPECIFICALLY AGREE TO ABIDE BY THESE TERMS OF USE AND ANY MODIFICATIONS THERETO.

1. Personal Uses Permitted
The Site is an online information exchange and educational services for use by KET and the general public. You shall not post, publish, transmit, reproduce, distribute, or in any way use or exploit any Information from the Services for commercial purposes or otherwise use the Information in a manner that is inconsistent with these Terms of Use.

2. General Use of the Services—Permissions and Restrictions
These Terms of Use apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Services. The Services include all aspects of the Site, including but not limited to all products, software, and services offered via the Site.

KET hereby grants you permission to access and use the Services as set forth in these Terms of Use, provided that:

A. You agree not to distribute, transmit, or host in any medium any part of the Services or the Content without KET’s prior written authorization, unless KET makes available the means for such distribution through functionality offered by the Services (such as the Embeddable Player).
B. You agree not to reproduce, alter, or modify any part of the Services.
C. You agree not to access video Content through any technology or means other than the video playback pages of the Services itself, the Embeddable Player, or other explicitly authorized means KET may designate.
D. You agree not to use the Services for any of the following commercial uses unless you obtain KET’s prior written approval:

  • the sale of access to the Services;
  • the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; and
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from KET appears on the same page and is of sufficient value to be the basis for such sales.

E. Prohibited commercial uses do not include:

  • uploading an original video to KET;
  • showing KET videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 2.D; or
  • any use that KET expressly authorizes in writing.

F. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Site. You may not remove or block pre-roll ads from the Embeddable Player.

G. The embedding, use, or display does not suggest that KET promotes or endorses any third party causes, ideas, Web sites, products, or services;

H. KET reserves the right to discontinue providing Content and to require that you cease accessing or using the Content at any time for any reason.

3. User’s Obligation to Abide By Applicable Law
In using the Site and Services, you shall abide by all applicable federal, state or local laws, including but not limited to those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Information available on the Site and Services may include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties against the violator.

The KET® logo, KET®, KENTUCKY EDUCATIONAL TELEVISION®, KENTUCKY CHANNEL®, and the KET KY KENTUCKY CHANNEL® logo are registered trademarks of the Kentucky Authority for Educational Television. FAST FORWARD™ and the FAST FORWARD™ logo are trademarks of the Kentucky Authority for Educational Television. Use or reproduction is not authorized without prior written permission from KET. All rights are reserved.

The Content on the Services, and the trademarks, service marks, and logos (“Marks”) on the Services, are owned by or licensed to KET, subject to copyright and other intellectual property rights under U.S. and international law. All rights to video and audio originating from KET, including the content and technology included therein, are reserved to KET.

You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by KET on the Services for that Content.

You shall not copy, reproduce, distribute, transmit, broadcast, display, publicly perform, sell, license, create derivative works of, or otherwise exploit any Content for any other purposes without the prior written consent of KET or the respective licensors of the Content. KET and its licensors reserve all rights not expressly granted in and to the Services and the Content.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

4. Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that administrative personnel of KET may, in the course of their regular duties, have access to communications made to, on, or otherwise facilitated by the Site or Services for technical or operational purposes. KET may also disclose your identity and any such communications to the extent required or permitted by law, the KET Privacy Policy, and these Terms of Use.

5. Prohibition Against Rogue Programming
You shall not post, transmit, upload, or make available in any way through the Site or Services, any software or other materials that contain a computer virus, trojan horse, timebomb, worm, or any other malicious or rogue programs or software that interferes in any way with the operation or enjoyment by others of the Site or Services (“Rogue Programming”). KET has no obligation to detect the presence of any Rogue Programming on the Site or Services. Any downloading by you of software or other materials, or any other use by you of the Site and Services, is at your risk, and you are advised to take adequate precautions to minimize your exposure to any harmful consequences that could be caused by Rogue Programming, including the use of up-to-date anti-virus programs and the proper backup of your files.

6. Content Information
You are responsible for the content of any Information you cause to be placed on the Services. The Information posted to or otherwise placed on the Services does not necessarily reflect the views of KET, and in no event shall KET assume or have any responsibility or liability for any Information posted to or otherwise placed on the Services by others or for any claims, damages, or losses resulting from the use and/or appearance of such Information on the Services. Information on the Services should not be considered to be endorsed by KET merely by virtue of its presence on the Services. KET has no obligation to, and does not in the normal course of its operation, monitor or control all Information that is or becomes available on the Services. KET does, however, reserve the right to review and remove any Information that is or becomes available on the Services.

Although KET has no obligation to do so, KET also reserves the right to refuse to post, or to edit or remove, in whole or in part, any Information that is, in KET’s sole discretion, deemed to be unacceptable, undesirable, or in violation of these Terms of Use. Users of the Services providing or posting such Information on the Services are subject to having their access to the Services terminated or otherwise restricted. Without limiting the foregoing, KET may terminate access for content providers or forum participants who provide or post protected material without necessary rights and permissions.

By submitting Information to KET, you grant KET and our services providers, and each of their and our respective licensees, successors, and assigns a perpetual, non-exclusive, sublicenseable, royalty-free, worldwide license to use, transmit, copy, display, and create derivative works based on such Information in any and all media now known or hereinafter devised and you represent that you have all necessary rights in so submitting the Information. You represent and warrant that you own or control all rights in and to the submitted Information and have the right to grant the license granted above to us and our services providers, and each of their and our respective licensees, successors, and assigns. You further represent and warrant that all of your contributions do and will comply with these Terms of Use.

This Site contains links to or references to other websites owned and operated by third parties. These links are provided for your convenience only. No endorsement of any third-party products, services, or information is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products, or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of KET or its affiliates. This could be the case even for those websites that carry KET’s or its affiliates’ trademarks or logos or which are framed by the Site. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.

KET has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, KET will not and cannot censor or edit the content of any third-party site. By using the Services or Site, you expressly relieve KET from any and all liability arising from your use of any third-party website.

While KET strives to provide users with the highest-quality related resources on its Services, we cannot and do not ensure the quality, accuracy, usefulness, safety, or intellectual property rights of the Content. KET cannot and does not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, KET assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KET with respect thereto and, to the extent permitted by applicable law, agree to indemnify and hold harmless KET, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.

Without limiting the foregoing, KET has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or other information regarding anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS KET AND ITS AFFILIATES, LICENSEES, AND SERVICES PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KET AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KET, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

7. Copyright Infringement
If you believe that any user contributions violate your copyright, please contact us at feedback@ket.org for instructions on sending us a notice of copyright infringement. It is the policy of KET to terminate the user accounts of repeat infringers.

8. Linking and Social Media Features
You may link to the KET Site and Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain Content on this Site;
  • send e-mails or other communications with certain Content, or links to certain Content, on this Site; and
  • cause limited portions of Content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the Content with which they are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may, in our sole discretion, disable any or all social media features and any links at any time without notice.

9. Terms of Use of KET’s Education Services
The KET FAST FORWARD™ Program includes an online adult education services offering resources and courses for high school equivalency test preparation, including the GED®, TASC™, and HiSET® tests. The KET Distance Learning Program includes online high school courses. The KET Professional Development Programs include Early Childhood Education, K-12, and Adult Education online courses for professional development credit.

The FAST FOWARD™, Distance Learning, and Professional Development Programs are hereinafter referred to as the “Educational Services.”

GED® and GED Testing Service® are registered trademarks of the American Council on Education and are used under license. The GED test is administered exclusively by GED Testing Service LLC under license.

By accessing or using the Educational Services, you specifically agree to the following additional terms and any modifications thereto.

A. COMPLETION OF AN EDUCATIONAL SERVICES COURSE DOES NOT GUARANTEE THAT YOU WILL BE GRANTED A CERTIFICATE OR CREDENTIAL, NOR A PASSING SCORE ON ANY TEST, INCLUDING BUT NOT LIMITED TO THE GED®, TASC™, AND HISET® TESTS, AS WELL AS KET DISTANCE LEARNING TESTS GIVEN IN YOUR SCHOOL.

B. You affirm that you possess either legal parental or guardian consent, are more than 18 years of age, or an emancipated minor, and are fully able and competent to abide by these terms of use.

C. Certain components, portions, features, or services available on the Educational Services may only be accessible and used after registration and creation of an account. When creating your account, you must provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and access to the Educational Services. You will select or be given a login name and password during the registration process. You are responsible for maintaining the confidentiality of your login name and password, and are solely responsible for all activities that occur with your login name and password. You must immediately notify us of any unauthorized use of your account or any other breach of security. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use.

D. You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet services provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

E. You acknowledge that the KET FAST FORWARD™ Program is intended to prepare users for the GED®, TASC™, and HiSET® tests and that the Services do not actually offer those tests or any other test, for which separate arrangements must be made.

10. Disclaimer of Warranties
THE SITE AND SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, QUALITY, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, KET MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND SERVICES. YOUR USE OF THE SITE AND SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, NEITHER KET NOR ANYONE ASSOCIATED WITH KET REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE, THE CONTENT, OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE OR ANY SERVICES OR ITEMS OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

11. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KET BE LIABLE FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SITE OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE THEREIN, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF DATA OR ANY OTHER FAILURE OF PERFORMANCE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES PUBLISHED ON THE SITE OR SERVICES OR ANY WEBSITES LINKED TO IT.

12. Jurisdiction
This agreement between KET and the users of the Services will be governed and interpreted under the laws of the Commonwealth of Kentucky. Fayette County, Kentucky has jurisdiction in any dispute arising from this agreement.

13. Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST KET, ITS AFFILIATES, LICENSORS AND THIRD PARTY SERVICES PROVIDERS, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KET FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, ACTIONS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS’ FEES, ARISING FROM OR IN CONNECTION WITH (i) YOUR USE OF THE SITE OR SERVICES, (ii) ANY BREACH BY YOU OF YOUR OBLIGATIONS UNDER THESE TERMS OF USE, OR (iii) YOUR FAILURE TO ABIDE BY APPLICABLE LAW. WE RESERVE THE RIGHT TO DEFEND ANY SUCH CLAIM, AND YOU AGREE TO PROVIDE US WITH SUCH REASONABLE COOPERATION AND INFORMATION AS WE MAY REQUEST.

14. Termination
Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate any or all of the Site and Services and/or your license to use the Site and Services, or to block or prevent future access to and use of the Site and Services.

15. Modifications
These Terms of Use may be modified by KET from time to time and at its sole discretion, and such modifications will be binding on you when placed online.

16. Severability
In the event that any provision of these Terms of Use is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect. If any provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

17. Privacy Policy
KET takes your personal privacy seriously. That is why we have adopted a Privacy Policy which is incorporated into these Terms of Use. Please read KET’s Privacy Policy to understand the additional terms and conditions that apply to your use of our Site and Services. Your use of the Site or our Services signifies acknowledgement of and consent to the information practices in our Privacy Policy.

You agree that KET may access and disclose information about you or your use of our Site and Services when we deem it necessary or appropriate as provided in the Privacy Policy. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, test scores, clickstream and traffic information, and usage history.

Revised September 09, 2015