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K12PLAYGROUND™ WEB SITE AGREES TO BE BOUND BY THE
FOLLOWING TERMS AND CONDITIONS:
1. Copyright:
All materials published on this site (including but not limited to images,
text, illustrations and audio clips) are protected by the copyright laws
of the United States or other jurisdictions and are owned or controlled by
the Educational CyberPlayGround Inc.
®
or third party providers of the materials. The materials are provided
solely for the personal noncommercial use of registered subscriber/users
of the Educational CyberPlayGround, Inc.'s K12PlayGround.com. Any copying,
further distribution, commercial use or nonpersonal use of the images,
texts, programs or other materials found in this site, without the express
written consent of the Educational CyberPlayGround, Inc.
®
K12PlayGround.com™ site or the owner of the intellectual property
involved, is strictly prohibited.
The MediaCommons
fair use statement
reads as follows: MediaCommons is a strong advocate for the right of
media scholars to quote from the materials they analyze, as protected by
the principle of "fair use." If such quotation is necessary to a
scholar's argument, if the quotation serves to support a scholar's
original analysis or pedagogical purpose, and if the quotation does not
harm the market value of the original text -- but rather, and on the
contrary, enhances it -- we must defend the scholar's right to quote
from the media texts under study. We are making such material available
in our efforts to advance understanding of environmental, political,
human rights, economic, democracy, scientific, and social justice
issues, etc. We believe this constitutes a 'fair use' of any such
copyrighted material as provided for in section 107 of the US Copyright
Law. In accordance with Title 17 U.S.C. Section 107, the material on
this site is distributed without profit to those who are using
information for research and educational purposes. For more information
go to:
http://www.law.cornell.edu/uscode/17/107.shtml
By posting a message or contributing in anyway to this web site,
including, but not limited to, sending comments and email, to this web
site, you expressly grant The Educational CyberPlayGround Inc.
®
the right to use in any way, copy, or republish your message or other
contribution as part of its property. The Educational CyberPlayGround
Inc.
®
reserves the right to change, update, discontinue, or restrict or
prevent access to this web site or the Materials at any time without
notice.
2. External Links:
Educational CyberPlayGround, Inc.
®
K12PlayGround.com™ site contains hyperlinks that will let you access
other World Wide Web sites. These sites are not under the control of the
Educational CyberPlayGround, Inc. or K12PlayGround.com™ site, and assumes
no responsibility or liability for any material that may reside in any
external web site. Educational CyberPlayGround Inc.
®
K12PlayGround.com™ site does not make any representations regarding the
quality of any product or service contained at any such site.
3. Content Submission:
Certain areas of the K12PlayGround.com™ web site allows for the exchange
of information between subscriber/user and the Educational CyberPlayGround
Inc.
®
The K12PlayGround.com™ site, and the Subscriber/User expressly grants
Educational CyberPlayGround Inc.
®
site the authority and right to use that content in any way. All
intellectual property created hereunder is the sole property of The
Educational CyberPlayGround Inc.
®
. Licensee hereby disclaims all such rights in all intellectual property
created hereunder. There is no intent to create any "joint works" and the
parties are not "joint authors."
4. Accuracy of Information:
Educational CyberPlayGround Inc.
®
K12PlayGround.com™ site endeavors to keep information available on the
K12PlayGround.com™ site accurate. However, Educational CyberPlayGround
Inc.™ K12PlayGround.com™ site makes no guarantee of any kind, either
expressed or implied, regarding the quality, accuracy, or validity of the
opinions, data and/or information available. User acknowledges that any
reliance upon such opinions, data and/or information obtained from or
through Educational CyberPlayGround Inc.
®
K12PlayGround.com™ site is at the sole risk of the Subscriber/User.
5. Disclaimer:
The Educational CyberPlayGround Inc.
®
K12PlayGround.com™ site services and all downloadable software are
offered on an "as is" basis, without warranties of any kind, either
express or implied. The Subscriber/User assumes all responsibility for use
of the Educational CyberPlayGround Inc.
®
K12PlayGround.com™ web site and waives all claims against Educational
CyberPlayGround Inc.
®
K12PlayGround.com™ sites that may arise from utilization of this site.
Further, Educational CyberPlayGround Inc.
®
K12PlayGround.com™ sites shall in no event be liable for any damages or
losses, including without limitation, direct, indirect, consequential,
special, incidental or punitive damages resulting from or caused by this
web site or its content, including without limitation from
Subscriber/User's use or inability to use the site, delays in operation or
transmission, communications line failure, or any error or omissions in
content.
7. Indemnity:
Subscriber/User agrees to indemnify, defend, and hold Educational
CyberPlayGround Inc.
®
K12PlayGround.com™ site, and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively,
"Indemnified Parties") harmless from and against any and all liability and
costs incurred by the Indemnified Parties in connection with any claim
arising out of any breach of the Subscriber/User Agreement by
Subscriber/User or any user of Subscriber/User's account. The prevailing
party shall be entitled to recover all costs and expenses, including but
not limited to reasonable attorneys' fees, which costs and reasonable
attorneys' fees shall be included as part of any judgement rendered in
such action in addition to any other relief to which the prevailing party
may be entitled.
8. Abuse of Services:
Subscriber/User agrees that he/she will not, in any way, modify, move, add
to, delete or otherwise tamper with the information contained in
Educational CyberPlayGround Inc.
®
K12PlayGround.com™ site, nor will Subscriber/User decompile, reverse
engineer, dissemble or otherwise unlawfully use any of the software,
copyrighted or trademarked material, trade secrets or other proprietary
information contained in Educational CyberPlayGround Inc.
®
K12PlayGround.com™ site.
9. General:
In the event that any term, condition, or provision of this Agreement is
determined for any reason to be unlawful, invalid, void or unenforceable,
it will not affect any other portion of this Agreement. in any respect in
any jurisdiction. This Agreement may not be modified, changed, discharged
or terminated except by an instrument, in writing, signed by the party
against whom enforcement of any modification, change, discharge or
termination is sought. A signed writing means one that is actually signed
by a party. Digital communications, whether electronic mail or other
digital communication, originating from a party does not constitute a
signed writing for the purposes of this Agreement.
Furthermore, by using this web site, you represent that:
You are over 13 years old and have the capacity to be bound by these terms
and conditions and if you are acting on behalf of a company or other
entity, you have the authority to bind such company or entity.
10. CONTRACT: Choice of Law:
This Subscriber/User Cointract is deemed to be entered into and performed
in the State of Pennsylvania and is governed by and construed in
accordance with the laws of that state. Venue for any claim or dispute
arising out of this Agreement shall be in Montgomery County, PA USA
Educational CyberPlayGround Inc. 276-633-0388