Education Development Center, Inc. reserves the right to amend this User Agreement at any time. We encourage you to review this Webpage upon each visit to this Site because any changes will be binding on you.
The Website contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms including directories, databases electronic mail services, and areas of the Website that are generally accessible to Users, such as forums, chat areas, message boards, video and audio broadcast feeds, file databases, and online events (“Interactive Areas”).
- USER RIGHTS AND RESPONSIBILITIES
You agree to access and use the Website only for lawful purposes. You are solely responsible for compliance with all laws, rules and regulations, pertaining to (i) your use of the Website, including any Interactive Area, (ii) the use of any networks or other services connected to the Website, and (iii) the communications means by which you connect your modem, computer, or other equipment to The Website. By accessing the Website, you agree that you will not:
(a) post content or use the Website in violation of any laws or to encourage conduct that would constitute a criminal offense or give rise to a civil liability;
(b) post or transmit any unlawful, harmful, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content
(c) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Website;
(d) disrupt the normal flow of communication in a chat facility, forum, online event, electronic mailing list, or other Interactive Area;
(e) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(f) violate any operating rule, policy or guideline of your Internet access provider or online service or attempt to access without permission protected areas of the Website or computers used in providing the site; or
(g) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation, including unsolicited commercial e-mail, to other Users, individuals or entities, except in those areas that are designated for such a purpose; provided, however, that you may not post or transmit by mass communications (whether by electronic, telephonic or direct mail means) any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities or otherwise make available Content to third parties for such purposes.
- INTELLECTUAL PROPERTY RIGHTS
2.1 Content Available on the Website.
(a) You acknowledge that Content on the Website is generally provided by EDC or under license by Independent Content Providers (“ICP”), individual contributors of Content (“Contributors”) and/or other Users. You acknowledge that EDC permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. In additions to any rights that EDC may have in the Content per se, you acknowledge that EDC owns a copyright in the selection, coordination, arrangement and presentation of such Content as well.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content only for noncommercial educational purposes, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for noncommercial educational internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “Education Development Center, Inc.” and its URL address. You acknowledge that EDC, ICPs and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
(c) All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Website have been done strictly for clarification and identification and do not constitute endorsement by EDC, its ICPs, Contributors or other third parties of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of EDC by such trademark, service mark or link owner, except as otherwise indicated within the Website.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content has expressly granted, EDC and the ICP providing the Interactive Area the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit any User to access, view, store and reproduce the Content for non-commercial educational use.
- INTERACTIVE AREAS
4.1 You acknowledge that Interactive areas are created, managed and administered by either an ICP, which is an independent third party, or EDC. Additionally, EDC may offer you and other Users the capability of creating and managing an Interactive Area. However, neither EDC, the ICPs nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or an ICP, as applicable. You recognize that neither EDC nor the ICPs can or intend to, screen communications in advance. Moreover, because EDC encourages open and candid communication in the Interactive Areas, neither EDC nor the ICPs can determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. Neither EDC nor the ICPs are responsible for screening, policing, editing, reviewing, determining the accuracy of, or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that EDC and/or an ICP has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, EDC and/or the ICP may investigate the allegation and determine in their sole discretion whether to remove or request the User to remove such Content. EDC or the ICP reserves the right to prohibit conduct, communication or Content within an Interactive Area, which they deem in their discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written EDC policy in effect at that time, (ii) be harmful to any User’s, EDC’s, an ICP’s, or other third parties’ rights or, the charitable mission of EDC, or (iii) violates applicable law, including without limitation, any federal or state securities laws. EDC reserves the right to incorporate any content that you provide, including your contributions to the YouthLearn listserve, in publications created by EDC.
4.2 Digital Millennium Copyright Act Compliance Policy
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:
The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
A statement that this person is authorized to act on behalf of the copyright owner;
A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent, or by law;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site; and
Your address, telephone number, and e-mail address.
Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to: email@example.com
We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”).
The only right with respect to dissatisfaction with any policies, guidelines, or practices of EDC in operating the Website, or any change in Content, is for you to discontinue accessing the Website. EDC may terminate entirely or temporarily suspend your access to all or any part of the Website, without notice, for conduct that EDC believes is a violation of this Agreement or any policies or guidelines posted by EDC, or for other conduct which EDC believes, in its sole discretion, is harmful to EDC, other Users, or in conflict with its charitable mission. EDC may discontinue operating the Website and terminate this Agreement without notice at any time for any reason in its sole discretion.
- LINKS; DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
6.1 Links. You understand that except for Content, products or services expressly available at EDC’s Program Sites, neither EDC nor its directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from The Website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of The Website or controlled by EDC. EDC does not endorse nor is EDC responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from The Website, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. EDC, its directors, officers, employees, and agents, shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Website or your inability to access the Internet or any site linked to or from The Website.
6.2 Disclaimer of Warranties. Please use your best judgment in evaluating all Content or information contained or opinions expressed on the Website and on Program Sites. It is EDC’s policy not to endorse or oppose any opinion expressed by a User or Content provided by an ICP, Contributor or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR PROGRAM SITES AND ANY CONTENT IS AT YOUR SOLE RISK. EDC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, ICPS, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES DO NOT WARRANT THAT THE WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE WEBSITE OR ANY SITE LINKED TO OR FROM THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EDC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
You agree to indemnify and hold harmless EDC, its ICPs, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from your breach of this Agreement, any other applicable policy, your use or access of the Website or any Internet site linked to or from the Website, or in connection with, the transmission of any Content on the Website.
This Agreement and any other policies within the Website, comprise the entire agreement between EDC and you, and supersede any prior agreements with respect to the subject matter herein. The provisions of Sections 2.1, 2.2, 6.1, 6.2, 6.3, 7 and 8 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect.
EDC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of laws rules, and you and EDC each submit to the exclusive personal and subject matter jurisdiction of the courts of the Commonwealth of Massachusetts. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone.