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WeAreTeachers.Com,Terms Of Use Agreement

Description of the site

WeAreTeachers.com is designed to connect teachers of all types ("Teachers") to content deemed useful by WeAreTeachers.   WeAreTeachers provides a powerful online site for teachers, combining the expertise of the Teacher community, the resources and knowledge base of our business and content partners ("Partners") and the momentum of social media.  Anyone can visit the Site without registering.     While WeAreTeachers uses its best efforts in regard to content provided,  WeAreTeachers cannot guarantee the accuracy, integrity or quality of site Content.

Proprietary rights in the site and service; limited license

All intellectual property rights, including all copyrights, patents, and trademarks, associated with or used to create the Site or available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, code, software, music, sound, and other files are the proprietary property of WeAreTeachers, our users’ content or our licensors and protected by copyright laws and international treaty provisions.

Provided that you are eligible to use the Site and subject to the terms and conditions of these Terms of Use, WeAreTeachers grants you a limited, revocable license to access and use the Site.  Any use of the Site other than as specifically authorized herein, without the prior written permission of WeAreTeachers, is strictly prohibited and will terminate your eligibility granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, and applicable communications regulations and statutes. All copyright, patent, trademark, and other intellectual property-related notices must remain intact and affixed to any materials downloaded from the Site.

Unless explicitly stated in these Terms of Use, nothing herein will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User content

When we talk about "User Content," we mean any work of authorship (other than the intellectual property rights code described in the Section entitled "Proprietary Rights in the Site; Limited License") which you post on, upload to, input to, submit to or transmit through the Site (collectively, "post"). Examples of User Content include comments, text you provide with the recommendation, videos, sounds, images, text, and other similar materials.

WeAreTeachers does not claim ownership of User Content. When you post User Content on the Site, you keep your copyright, but you grant WeAreTeachers permission to use the Content in connection with the operation of our business, this Site, and the Service including, without limitation, the license rights to: distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, translate, and reformat User Content; excerpt User Content,  for use in marketing materials; make minor modifications to the User Content for technical reasons; post and display User Content on this Site; and copy User Content for use on the Site.  By including Personal Data in the User Content you post, you authorize WeAreTeachers to disclose that Personal Data as part of the Content.

By uploading User Content to the Site, you represent and warrant, to the best of your knowledge, that all factual information in the Content is true and accurate. Despite all this, WeAreTeachers cannot guarantee the accuracy, integrity or quality of User Content. You also represent and warrant, at all times during the term of this Agreement, that the User Content:

  • is owned by you or, to the extent the User Content is owned by someone else, that you have permission to post or otherwise provide the Content to WeAreTeachers for use as described above.
  • does not contain any Personal Data about any individual other than you.
  • does not violate any copyright, trademark, trade secret or other intellectual property right of any third party.
  • does not violate the legal rights (such as rights of privacy or publicity) of another.
  • does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
  • does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data).
  • does not break the law, facilitate the breaking of the law, or violate any applicable regulation or WeAreTeachers rule or policy.
  • does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations.
  • including the use of any recipe, formula, or instruction in the Content, will not result in personal injury to any person.

In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.

WeAreTeachers is under no obligation to post or use any User Content you may provide. We reserve the right to refuse to permit your posting on the Site of any User Content that WeAreTeachers, in our sole discretion, deems in violation of the terms and conditions set forth above. We may remove any User Content at any time in our sole discretion.

Use and abuse of the site

You are solely responsible for your use of the site and your User Content, including Content you generate, post to WeAreTeachers or distribute (whether or not facilitated through the Service). Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold WeAreTeachers responsible for any damage to, corruption of or destruction of the User Content. You are responsible for archiving and backing up, on your own computer, all User Content. WeAreTeachers will not be responsible for or have any obligation or liability to you, archiving or backing-up any Content. If any User Content transmitted to WeAreTeachers is damaged, lost or corrupted, WeAreTeachers will have no obligation or liability to you.

You agree not to use the Site to:

  • upload, post or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  • harm anyone, including minors, in any way.
  • use "spam," "blast-faxes," or recorded telephone messages to market or sell User Content.
  • interfere with the operation of the Site via the use of viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar programs or technology designed to disrupt or damage software or hardware.
  • employ a robot, spider or other process or device to harvest e-mail addresses or other information regarding users of the Site or to monitor the activity on the Site.
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of User Content.
  • interfere with User Content posted by another.
  • impersonate another person or entity or forge any e-mail communication or message.
  • misrepresent your credentials or post User Content that misleads others regarding your expertise or qualifications.
  • post User Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
  • violate any code of conduct or other guidelines which may be applicable for the Site.

In addition to complying with all restrictions on conduct and User Content, you are responsible for adhering to all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you use the Site.

WeAreTeachers reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove  Content and/or ban users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

Privacy

 You consent to our general use of information about you including contact information which may be made available to other members or Partners of the site. If you object to your information being displayed, transmitted or used in this way, please do not use the Site.

Cookies and Passive Data Collection

In order to improve the Service and the Site, we use cookies when you are logged into the site. A cookie is a piece of data that is transferred to your browser by a Web server and can only be understood by the server that gave it to you. It functions as your computer's identification token and enables WeAreTeachers to personalize your experience when you are using the Site or Service. If you reject the cookie, you may not be able to use certain features of the Site.

Release

If you have a content or other dispute with a Partner, Teacher or other user of the Site, you release WeAreTeachers (and our officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Links to third party sites

The Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of WeAreTeachers and WeAreTeachers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WeAreTeachers provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the terms of use and privacy statements posted at the Linked Sites.

Any dealings with third parties (including advertisers) accessed through this Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Warranty disclaimers

WEARETEACHERS, INCLUDING OUR RESPECTIVE SUPPLIERS AND AFFILIATES, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, TRUTHFULNESS, USEFULNESS, COMPLETENESS, TIMELINESS, OR VALUE OF THE SITE CONTENT, PRODUCTS, INFORMATION, DATA OR OTHER CONTENT ON OR ACCESSIBLE THOUGH THE SITE, AND MAKES NO REPRESENTATIONS ABOUT THEIR SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR REVIEWING AND VERIFYING THE ACCURACY, TRUTHFULNESS, USEFULNESS, COMPLETENESS, TIMELINESS, AND VALUE TO YOU OF ALL SUCH USER CONTENT, PRODUCTS, INFORMATION, DATA AND OTHER CONTENT TO WHATEVER EXTENT YOU DEEM NECESSARY.

NEITHER WEARETEACHERS NOR OUR SUPPLIERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE, MEMBERSHIP, OR PRODUCTS.

ALL USER CONTENT, PRODUCTS, THE SITE, THE SERVICE, DATA, INFORMATION, AND OTHER CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WEARETEACHERS AND OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

In no event will WeAreTeachers, our affiliates or our suppliers, including our and their respective officers, employees, contractors, and agents, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of your use of the Site or the Service.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the twelve months prior to the action giving rise to the liability, and (b) $100.

Indemnification

You agree to indemnify and hold WeAreTeachers, our affiliates and our suppliers, including our and their respective officers, employees, contractors, and agents, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your reliance on any transaction introduced, facilitated, or accessed through the Site, or any  Content contained on or accessible or made available through the Site; (b) any breach or alleged breach of any representation, warranty, term or condition of this Agreement; of (c) any act or omission by you which is in any way related the Site, the Service or this Agreement.

Termination/Access restrictions

Unless we terminate your access to the Site for breach of this Agreement, we will continue to provide you with the Site.

We reserve the right, in our sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice, if you breach any of the provisions of this Agreement. Any such termination will be effective immediately, may be made with or without notice, and will be done without any liability to you or any third party. Upon termination, your access to and use of the Site immediately ceases. Following termination we have no further obligation.

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

General

In addition to general disclosure listed above, we reserve the right to disclose any personal information about you or your use of any Site, including its contents, without your prior permission if we have a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of WeAreTeachers or our affiliates; (c) enforce this Agreement; or (d) act to protect the interests of our members or others.

WeAreTeachers' performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of WeAreTeachers' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any court of competent jurisdiction determines any part of this Agreement to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Unless otherwise specified herein, this Agreement, along with our Privacy Policy and any additional policies, guidelines, and rules posted on the Site, constitutes the entire agreement between you and us with respect to the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WeAreTeachers with respect thereto.

A printed version of this Agreement and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Trademark Notices

COPYRIGHT. This Site is:

Copyright © 2010 WeAreTeachers.com, LLC

All rights reserved.

TRADEMARKS. WeAreTeachers, the WeAreTeachers logo, and other WeAreTeachers products referenced herein and on the Site are either trademarks or registered trademarks of WeAreTeachers. The names of actual companies and products mentioned herein and on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify WeAreTeachers' agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

support@WeAreTeachers.com

or:

Copyright Agent WeAreTeachers.com, LLC 8015 Shoal Creek Blvd., Suite 100 Austin, Texas 78757

Please provide our Agent with a written notice which contains the following:

  1. Identification of the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
  2. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that •you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

WeAreTeachers will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Dispute resolution; arbitration

Any dispute between you and WeAreTeachers will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between you and WeAreTeachers. The arbitration will be held in Travis County, Texas, by submission of documents, by telephone, online or in person. Any decision rendered in the arbitration proceedings will be final and binding on each of the parties, and judgment may be entered in any court of competent jurisdiction. Should either party bring a dispute in a forum other than the NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing the other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that you would have had a right to litigate disputes through a court, and that you have expressly and knowingly waived that right and agreed to resolve any disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and is governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term "dispute" means any dispute, controversy, or claim arising out of or relating to (a) the Terms of Service and any other policy or practice of the Site); or (b) your use of the Site and the Service. You may obtain information from the NAF on line at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.

Notwithstanding the foregoing, and pending the completion of arbitration, either party may request injunctive or other equitable relief in connection with any dispute, to protect its rights and/or property at any court, without first resorting to arbitration. In such instances, you irrevocably consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A.

If any court of competent jurisdiction determines any part of this section (Dispute Resolution; Arbitration) to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable portion will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this section will continue in effect.


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