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Edusance reserves the right, at its sole discretion, to change, modify
or otherwise alter these terms and conditions at any time. Changes
and/or modifications shall become effective immediately upon the
posting. Please review these Terms of Service periodically. Your
continued use of the Site following the posting of changes and/or
modifications will constitute your acceptance of these Terms of
Service.
USE OF MATERIALS CONTAINED ON THIS SITE
The Site contains material that is derived in whole or in part from
material supplied by Edusance and other sources, and is protected by
U.S. and international copyright and trademark laws. No material
(including but not limited to the text, images, audio and/or video) and
no software (including but not limited to any images or files
incorporated in or generated by the software or data accompanying such
software) (individually and collectively the "Materials") may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way or decompiled, reverse engineered or
disassembled, except that you may download one copy of the Materials on
any single computer for your personal, non-commercial home use only,
provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any other
purpose is a violation of Edusance's or such other sources' copyright,
trademark and other proprietary rights. The use of any such Materials
on any other web site or networked computer environment without
Edusance's express written consent is prohibited.
CREATIVE SUBMISSIONS/COMMUNICATIONS
Edusance does not accept or consider creative ideas, suggestions or
materials other than those Edusance has specifically requested. This is
to avoid the possibility of future misunderstandings when projects
developed by Edusance's staff might seem to others to be similar to
their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative
suggestions, ideas, notes, drawings, concepts or other information or
if you transmit to the Site by electronic mail or otherwise,
communications including any data, questions, comments, suggestions, or
the like (collectively, the "Information"), the Information shall be
deemed, and shall remain, the property of Edusance. None of the
Information shall be subject to any obligation of confidence on the
part of Edusance and Edusance shall not be liable for any use or
disclosure of any Information. Edusance shall exclusively own any now
known or hereafter existing rights to the Information of every kind and
nature throughout the universe and shall be entitled to unrestricted
use of the Information for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Information.
BULLETIN BOARDS, CHAT ROOMS, POSTINGS
The Site may include bulletin boards, chat rooms and other areas where
users can post and/or exchange information, ideas, opinions,
photographs, images, videos, creative works or any other materials
(collectively "Bulletin Boards"). In order to post any materials on
certain Bulletin Boards, you will be required to register and provide a
valid e-mail address. Registration will require that you enter an
agreement to abide by all requirements that may be set out for
participation in particular Bulletin Boards in addition to your
existing agreement to abide by these Terms of Service.
Edusance does not control the material delivered to Bulletin Boards,
and Edusance has no obligation to monitor such Bulletin Boards. The
messages do not necessarily reflect the views of Edusance. In no event
shall Edusance assume or have any responsibility or liability for any
materials posted on Bulletin Boards or for any claims, damages or
losses resulting from their use and/or appearance on this Site.
Edusance reserves the right at all times to disclose any information
(including the identity of the persons providing information or
materials on its Bulletin Boards) as necessary to satisfy any law,
regulation or governmental request. In addition, Edusance reserves the
right to edit, refuse to post or to remove any information or
materials, in whole or in part, that in Edusance's sole discretion are
objectionable or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or engaging in
any other form of communication through this service, you are granting
Edusance a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to:
- Use, copy, exploit, sublicense, adapt,
transmit, publicly perform or display any such communication
- Sublicense to third parties the unrestricted
right to exercise any of the foregoing rights granted with respect to
the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, servicemark or patent laws under any relevant
jurisdiction.
RULES OF CONDUCT
It is a condition of your use of the Bulletin Boards and this Site that
you do not:
- Use any Bulletin Boards for any illegal
purposes (or to solicit any illegal act);
- Restrict or inhibit any other user from using
and enjoying the Bulletin Boards;
- Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including images and language;
- Post any message that solicits gambling or
engage in any gambling activity;
- Transmit or upload any information, software or
other material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights
or which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
- Transmit or upload any information, software or
other material which contains viruses, time bombs, trojan horses,
cancelbots, worms or other harmful or deleterious components or
devices;
- Post any defamatory, libelous, hateful, or
harassing messages, information or material;
- Post, or transmit or in any way exploit any
information, software or other material for commercial purposes or
which contains advertising, promotion or marketing;
- Use the Services for the purposes of sending
junk email, chain letters, duplicative or unsolicited messages or
"spamming" or in connection with contests, surveys or pyramid schemes;
- Try to gain unauthorized access to the
Services, other users' accounts, or computers connected to the Services
though password mining or other means;
- Interfere with another user's use and enjoyment
of the Services or any other individual's user and enjoyment of similar
services;
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
Edusance provides rules for certain activities on this Site including,
without limitation, e-mail services, contests, sweepstakes, and
auctions by Edusance and in conjunction with third parties. These Terms
of Service are incorporated by reference to the specific rules, which
appear in connection with information about a particular activity. To
the extent that any conflict exists between these Terms of Service and
specific rules, the rules for the activity in which you choose to
participate shall govern.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement
by Edusance, its subsidiaries and affiliates of the opinions or views
expressed by these linked websites and Edusance does not verify,
endorse, or take responsibility for the accuracy, currency,
completeness or quality of the content contained in these sites.
Furthermore, Edusance is not responsible for the quality or delivery of
the products or services offered, accessed, obtained by or advertised
by such sites. As such, neither Edusance nor any of its subsidiaries
and affiliates will be resonsible for any errors or omissions or for
the results obtained from the use of such information contained in
these sites. To the extent that these sites collect personal
information or postings from the end user, be advised that in no event
shall Edusance assume or have any responsibility or liability for the
manner in which such information or postings are exploited or for any
claims, damages, or losses resulting from their use and/or appearance
on these sites. Finally, Edusance will under no circumstances be liable
for any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights, caused
by the exhibition, distribution or exploitation of any information or
content contained within these sites.
TERMINATION OF THE SERVICES
Edusance may terminate the Site or any services included on or through
the Site at any time with or without cause or notice. Edusance shall
not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may
discontinue use of the Site or services.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Edusance, its
affiliates, and their respective officers, directors, employees,
agents, licensors, representatives, and third party providers to the
Site from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
these Terms of Service by you. Edusance reserves the right to assume,
at its sole expense, the exclusive defense and control of any matter
subject to indemnification by you, in which event you will fully
cooperate with Edusance in asserting any available defenses.
LIMITATION OF LIABILITY/DISCLAIMER
Your use and browsing of the Site is at your risk. If you are
dissatisfied with any of the Materials contained in the Site, or with
any of these Terms of Service, your sole and exclusive remedy is to
discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
Edusance NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS
TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON
THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
You specifically acknowledge and agree that Edusance is not liable for
any defamatory, offensive or illegal conduct of any user.
Edusance also assumes no responsibility, and shall not be liable for
any damages to, or viruses that may infect, your computer equipment or
other property on account of your access to, use of, or browsing in the
Site (including any Bulletin Board) or your downloading of any
Materials from the Site.
Edusance does not warrant or make any representations of any kind or
nature with respect to the Materials. Therefore, you are responsible
for compliance with local laws, if and to the extent local laws are
applicable.
MISCELLANEOUS
Edusance makes no representation that materials on this Site are
appropriate or available for use in any particular location. Those who
choose to access this Site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.
These Terms of Service shall be governed by and construed in accordance
with the laws of the State of California, without giving effort to any
principles of conflicts of law. You agree that the state or federal
courts located in California shall have exclusive jurisdiction of any
lawsuit arising in connection with these Terms of Service or your use
(or nonuse) of the Site.
These Terms of Service contain the entire understanding and supersede
all prior understanding of the parties hereto relating to the subject
matter hereof, and cannot be changed or terminated orally. If any
provision of these Terms of Service is found to be illegal or
unenforceable, these Terms of Service will be deemed curtailed to the
extent necessary to make it legal and enforceable and will remain, as
modified, in full force and effect.
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