Terms of
Service and Content Submission Agreement
Legal Agreement
By using The Teacher Suite (the “Site”), you indicate your
consent to and acceptance of the terms of this Agreement. If you do not agree with the terms of this
Agreement, please terminate your use of the Site immediately.
This Agreement describes the legal relationship between you
(referred to in this Agreement as “you” or “user”) and The Teacher Suite, Inc. (referred
to in this Agreement as “we” or “us”) relating to your use of the Site and to
any content that you post, upload, or submit to the Site. Please read this document carefully as it
represents a binding legal agreement.
Your Personal
Information
Our Privacy Policy, which sets forth our policies concerning
how we collect, use, maintain and share your personal information, can be found
under the link in the Site to Privacy Policy, the content of which is
incorporated herein by this reference as if set out in full. You acknowledge and agree that members
registered with or on the Site (“Members”) and other users of the Site may be
required to submit certain personally identifiable information (“User
Information”) on the registration pages provided by The Teacher Suite Inc., and
that we will handle such User Information in accordance with our Privacy Policy
and in compliance with all applicable international, federal, state and local
laws and regulations pertaining to privacy (including, without limitation, any
regulation of the use of cookies). We
may not sell, rent or disclose to third parties other than in accordance with our
Privacy Policy, any User Information in connection with its registration for or
provision of the services under this Agreement, unless such users have
affirmatively consented electronically or otherwise to such uses of their User
Information (for example, where a user has expressly elected to receive opt-in
communications from a third party partner we use. In furtherance and not in limitation of the
foregoing, we shall not provide user names, screen names, addresses or other
User Information, including, without limitation, any navigational information we
obtain through access to any account tracking system to any third party in a
manner that identifies users of the service.
We shall use all commercially reasonable efforts to prevent
the unauthorized use, access or disclosure of any User Information by any third
party. To the extent we are permitted to
provide and do provide any User Information to any third party (including our
service providers) in accordance with this Agreement, such third party shall be
subject to terms of use which are in all material respects no less restrictive
with respect to such User Information than the provisions of this
Agreement.
Copyright Notice
The Site is provided for your personal use and the use of Members
only. Other than content that you and other
Members submit in accordance with the terms of this Agreement, all of the
content on the Site, including but not limited to, graphics, text, design,
buttons, logos, code, images, and icons, and the selection, assembly, arrangement and
“look and feel” of the Site, are our sole property or our third party content
providers.
Third Party Content
You acknowledge that the Site includes postings, messages,
text, files, images, graphics, photos, audio, video or other materials (the
“Content”) that have been provided by third parties, including, without
limitation, other users of the Site. You
agree that we are a community forum and not a publisher with respect to
user-submitted Content, and that we are not responsible for reviewing or
editing any Member or other user-submitted Content. You further agree that any opinions, advice,
statements, services, offers or other information contained in any third party
Content on the Site, including, without limitation, user-submitted Content, are
those of their respective authors or producers, and we do not endorse or
guarantee the accuracy of any such third party Content.
You may submit Content provided you do so in accordance with
the Submission Rules below. You accept
entire responsibility for all Content that you submit to, transmit through,
link through, or otherwise make available through, the Site. For all Content that you submit to the Site,
you agree to indemnify us as provided below.
License
By submitting Content to the Site, you grant us a
royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
copy, modify, display, archive, store, distribute, and reproduce such Content
and to create derivative works from such Content, in any form, media (print,
electronic or otherwise), software or technology of any kind now existing or
developed in the future.
Representations and
Warranties
By uploading or otherwise submitting any Content to the Site,
you represent and warrant that (a) you own or otherwise have all necessary
rights, including but not limited to copyrights, to the Content and have the
right to use it as provided in this Agreement; (b) all information submitted by
you is true, accurate, current and complete, and does not violate this
Agreement; (c) you have the full right, power and authority to enter into and
perform this Agreement, and have secured all third party consents, licenses,
waivers and permissions necessary to enter into and perform this Agreement,
including, without limitation, waivers of rights of privacy, publicity and
personality from any third parties whose names, likenesses, photographs,
animated portrayals, or actual or imitated voices are depicted in the Content;
(d) we shall not be required to make any payments with respect to the
authorized use of any Content submitted by you, including, without limitation,
any payments to you, third parties claiming rights through you or otherwise,
publishers, rights agents, performance rights societies, persons who contributed
to or whose names, likeness, photographs, animated portrayals or actual or
imitated voices appear in such Content, your licensors, unions or guilds; and
(e) the Content submitted by you will not (i) infringe upon or misappropriate
any rights of others, including, without limitation, any copyrights,
trademarks, trade secrets or other intellectual property rights, rights of
publicity, rights of privacy, moral rights or any other proprietary rights of
third parties, (ii) violate any applicable law, statute, ordinance or
regulation, (iii) be defamatory, trade libelous, trademark disparaging,
fraudulent, harassing, abusive, threatening, harmful, lewd, pornographic or
obscene, (iv) disrupt, place unreasonable burdens or excessive loads on,
interfere with or attempt to facilitate any unauthorized access to any portion
of the Site, our computer systems, servers or networks; (v) transmit junk mail,
chain letters, or other unsolicited bulk e-mail, spam or duplicative messages
to Members or other users of the Site; (vi) collect information about other
users of the Site without their consent or otherwise systematically extract
data or data fields, including, without limitation, any financial data or
e-mail addresses, from the Site or our computer systems without our consent; or
(vii) contain any viruses, trojan horses, time bombs or other programming
routines or elements that detrimentally interfere with computer systems or
data. You agree that, upon request, you
will provide us with evidence, in a form and format reasonably acceptable to
us, indicating that the Content submitted by you complies with the foregoing
warranties.
Indemnity
You agree to indemnify and hold
us harmless from and against any and all claims, suits, liabilities,
obligations, damages, injuries, penalties, fines, losses, costs and expenses
(including, without limitation, attorneys’ fees) arising out of, resulting from
or related to any breach of the foregoing representations and warranties. This obligation shall survive the termination
of this Agreement for any reason.
Take-Down Policy
The Site include text, forums, photo galleries
and other interactive areas in which Members and other users can express
opinions and share ideas and information related to teaching and education. We cannot and do not monitor all of the
material submitted to the Site.
Additionally, we do not control, and are not responsible for, Content
submitted by Members and other users.
By using the Site, you may be exposed to Content that you may
find offensive, indecent, inaccurate, misleading, or otherwise
objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of the Site and any
Content on the Site, including, but not limited to, whether you should rely on
such Content. We are neither obligated
to monitor nor control any content that members or other users post or upload
to the Site. We are not responsible for
any inappropriate or otherwise offending material or content posted on the Site
by any members or other users.
Notwithstanding the foregoing, you acknowledge that we shall
have the right (but not the obligation) to review any Content that you have
submitted to the Site, and to reject, delete, disable, or remove any Content
that we determine, in our sole discretion, (a) does not comply with the terms
and conditions of this Agreement; (b) might violate any law, infringe upon any
rights of third parties, or subject us to liability for any reason; or (c)
might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject,
delete, disable, or remove any Content at any time, for the reasons set forth
above, for any other reason, or for no reason and to report to law enforcement
officials any conduct we believe in our sole discretion to be inappropriate,
illegal or otherwise in violation of this Agreement.
If you believe that
any Content on any of the Site infringes upon any copyrights that you own,
please contact us pursuant to the procedures outlined in the Digital Millennium
Copyright Act (Title 17 U.S.C. § 512) at the following address:
Copyright Agent
c/o The Teacher Suite Inc.
11299 Caruthers Way
Glen Allen, VA 23059
Disclaimer of
Warranties
YOU EXPRESSLY AGREE
THAT YOUR USE OF THE Site IS AT YOUR OWN RISK.
we make no warranty that THE Site will be uninterrupted, secure or
error-free. ALL CONTENT, INFORMATION,
AND OTHER MATERIAL ON THE Site IS provided “as is” AND “as available”. We make no ENDORSEMENTS, GUARANTEES,
representations or warranties, express, implied or statutory, with respect to
THE TIMELINESS, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
non-infringement, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT,
INFORMATION, OR OTHER MATERIAL ON THE Site.
Limitation of
Liability
You agree that we will not be liable for any consequential,
indirect, special, exemplary, or incidental damages arising out of or in
connection with your use of or inability to use the Site (including, without
limitation, any damages for lost profits or business interruption), or for any
claim made against you by any other party, whether arising from mistakes,
omissions, interruptions, deletion of files or e-mails, errors, defects,
viruses or other malicious code, delays in operation or transmission, or any
failure of performance, even if we have been advised of the possibility of such
damages. You also agree that under no
circumstances will we be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of any Content submitted,
posted, emailed or otherwise made available via the Site.
Submission Rules
Notice: You may
not submit Content if you are under the age of 18. By submitting Content to any of the Site, you
represent that you are age 18 or over.
You agree not to submit, post or upload any Content:
- that is unlawful, pornographic, defamatory, libelous, tortuous, harmful, hateful, threatening, abusive, harassing, or invasive of another’s privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that falsely claims to be submitted by another person or entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;
- that includes personal or identifying information about another person, or uses the name or likeness of another person for commercial purposes, without that person’s explicit consent;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or
fiduciary relationships;
- that is false, fraudulent, deceptive, misleading, deceitful, misinformative or uses “bait-and-switch” tactics;
- that constitutes or contains “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, “affiliate marketing,” or “link referral code”;
- that constitutes or contains any form of advertising or solicitation;
- that advertises or features any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including, without limitation, items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses, worms, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the operation of any of the Site with an excessive number of messages (flooding attack) to such Site, or that otherwise negatively affects other users’ ability to use such Sites; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted
or otherwise “stalk” or harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including scripts, spiders,
robots, crawlers, data mining tools, or the like to download data from or
upload data to any of the Sites; or
- attempt to gain unauthorized access to our computer system or to any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, any of the Sites.
We encourage our Members to ‘flag’ Content or other posts
that do not comply with this Agreement either by clicking on an “Flag as Copyrighted”,
“Flag as Offensive” button or by e-mailing us at service@theteachersuite.com. Each
Member who reports abusive conduct must explain why he or she believes the
conduct violates this Agreement, and we will determine whether or not to remove
the Content at issue. If the Member who posted the content at issue is flagged
again and we, in our discretion deem to be a legitimate violation of the Terms,
we reserve the right to terminate or suspend that Member’s account, without
refund of any registration fees. Please
keep in mind that only content or conduct that legitimately violates this
Agreement or any applicable laws may be flagged – content that a Member simply
disagrees with or finds distasteful does not, without more, qualify as
violative under this standard. If we
determine that a Member who flags content repeatedly does so without a
reasonable basis, we also reserve the right to terminate the account of the Member
who engaged in such reporting or flagging.