Terms Of Use





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Terms of Use—Education World

Education World, Last Updated: 7-29-2010

Terms of Service

This site is owned and operated by Education World, Inc. (“EW”) and contains material which is derived in whole or in part from EW and other sources and is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

As part of our service, EW  agrees to provide you with information and other computer services subject to these TERMS OF SERVICE. You agree to use our service in accordance with these TERMS. Upon notice published on this site, or such other notice as may be given, EW may amend or modify these TERMS OF SERVICE, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new TERMS.

EW does not discriminate based on sex, age, gender, sexual orientation, gender orientation, ethnicity, culture, religion or socio-economic status.

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By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting EW a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

  1. Use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication.
  2. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
  3. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
  4. Any submission to the EW site should abide by any appropriate copyright rules and regulations. If the material is not original, the source should be indicated as part of the submission.

Disclaimer

EW has provided links and pointers to Internet sites maintained by third parties. Neither EW, its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products, or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, EW disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. EW does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or their server that makes it available, are free of viruses or other harmful components.

EW does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not EW) assume the entire cost of all necessary maintenance, repair, or correction.

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Content Submissions

This service may include forums, rating and ranking, blogs sharing of resources, messages between users, and real-time interaction between users. EW does not control the messages, information, or files. It is a condition of your use of the Community that you do not:

Select a user name for your account that does not:

• contain inappropriate language; or
• contain "Education World," "EducationWorld," "EdWorld," "Ed World" or any variation thereof. These designations are reserved for employees of Education World only.

Note: Violators will be asked to change their user names. If the name is not changed within ten (10) days, the account will be suspended until the user selects a new user name.

  • Restrict or inhibit any other user from using and enjoying the Community tools
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  • Post or transmit 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.
  • Post or transmit any information, software, or other material that contains a virus or other harmful component.
  • Post or transmit or in any way exploit any information, software, or other material for commercial purposes, or which contains advertising.

You understand that EW has no obligation to monitor the communication tools. However, EW reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in EW’s sole discretion are objectionable or in violation of these terms and conditions.

When posting blog entries on the EducationWorld Community, please use the following simple guidelines:

• Exclusivity – Our preference is for content that has not already been posted or printed elsewhere. If material has been posted or printed elsewhere, bloggers should credit the source using the following note: “This content originally appeared in/on NAME OF WEB SITE OR PUBLICATION and is posted here with permission.”

• Content – The editorial team is interested in a variety of subjects—especially timely ones—that educators would find useful. We invite your opinions and thoughts in your blog posts, and love when you share a piece of yourself. Kindly use appropriate language and a respectful tone in all posts.

• Length - Blog posts should ideally be between 150 and 400 words. Sometimes a subject calls for fewer or more words, so on occasion shorter or longer posts are fine.

• Style - Please follow AP Style guidelines for formatting.

• Links - When writing about subjects that require sourcing (such as about a news story), we encourage you to link to your sources. Posts should contain no more than 3-5 links, however. Also, please refrain from including affiliate marketing links.

• Self-Promotion – We encourage you to provide one link to your own blog, Web site or business at the bottom of your post in this format: “NAME can also be found at WEB SITE.”

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Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall EW, its subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, EW materials. You specifically acknowledge and agree that EW is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any EW material, or with any of EW terms and conditions, your sole and exclusive remedy is to discontinue using EW.

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Termination

This agreement is effective until terminated by EW at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards. The disclaimers and limitations of liabilities set forth in this agreement shall survive.

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Other

This agreement constitutes the entire agreement between EW and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral. This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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From EW Website—Services Agreement

Terms and Conditions of Use

IMPORTANT—READ CAREFULLY: These terms and conditions of use constitute a legal agreement between you and Education World, Inc., a Delaware corporation ("EW" or "we" or "us" or "our") and govern your access and use of this web site, including all services rendered in connection with it, and all servers, mirrors and URLs operated by or for EW. BY ACCESSING OR USING ANY AREAS OF OUR WEB SITE, YOU ARE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW, AS WELL AS THE TERMS OF OUR PRIVACY POLICY. IF YOU REJECT ANY OF THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS THE WEB SITE OR RECEIVE OR USE ANY SERVICES OFFERED THROUGH THIS WEB SITE.

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Export and Import Restrictions

This Web site is controlled and operated by EW from its offices within the United States. EW makes no representation that the software, products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.

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Prohibited Activities

We reserve the right to remove any content that we find, in our sole discretion, violates these Terms and Conditions of Use or is otherwise in violation of the law. You may not use our services, including our Web site:

  • to make unsolicited offers or proposals or to send junk mail to users of our services or our software,
  • to post or transmit or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising;
  • to post or transmit or in any way exploit any information, software, or other material that contains advertising;
  • to harass, defame or defraud users of our services;
  • to promote or provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred or profanity;
  • to promote or provide material or instructional information about illegal activities; or
  • to promote physical harm or injury;
  • Knowingly damage or interfere with the operation of our services, any software that utilizes them, or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms or other harmful code;
  • Disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of our services, features that enforce restrictions or limitations on use of our services, or features that prevent or restrict use or copying of any content or other material accessible through use of our services;
  • Upload, transfer or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws including without limitation copyright, trademark, patent, or trade secret laws or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consent to do so;
  • Upload, transfer or otherwise make available images, photographs, software or other material that is lewd, pornographic, obscene or otherwise offensive;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in this manner;
  • Access or use our software or services in violation of any local, state, national, or international law, including, without limitation, laws governing the provision of financial services, data protection and privacy, obscenity, child pornography or other pornography and/or export or import control;
  • Use any robot, spider, scrapper or other automated means to access our web site for any purpose without our express written permission;
  • Take any action that imposes, or may impose in our sole determination an unreasonable or disproportionately large load on our infrastructure;
  • Bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our web site;
  • Restrict or inhibit any other user from using and enjoying the web site or the services of EW offered through this web site; or
  • Otherwise access or use our content, products, services or this web site in violation of these terms and conditions or any other applicable agreement.

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Consequences of Unacceptable Use

We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of any agreement pursuant to which you use our services or any software that utilizes them, the Terms and Conditions for use of this Web site, or applicable law, including without limitation: (a) terminating your right to use this Web site; (b) terminating any registration or license you have to use our products, services or this web site or any portion thereof; (c) banning you from future use of our products, services or this web site by name, e-mail address, IP address and/or any other means; or (d) any other action that we deem appropriate in our sole discretion.

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Special Notice Regarding Copyright Infringement

You may not use our services to infringe copyrights. Although we do not police any content posted to this web site, we will attempt to terminate service to anyone who we become aware is repeatedly using our services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS. Notification of claimed copyright infringement should be made in accordance with our Notice and Procedure for Making Claims of Copyright Infringement. NOTICES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT OR NOT IN CONFORMANCE WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

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Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c), all notifications of claimed copyright infringement using our services should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED INFRINGEMENT OF YOUR COPYRIGHTS TO OUR DESIGNATED AGENT. YOU WILL NOT RECEIVE A RESPONSE. Your written notification must be sent to the following Designated Agent:

Service Provider: Education World, Inc.
Agent Designated to Receive Notice: Rick Wells
Address of Designated Agent: 5471 Kearny Villa Road, Suite 310 San Diego, CA 92123
Telephone Number of Designated Agent: 858-712-9341
Facsimile Number of Designated Agent: 858-712-9448
E-Mail Address of Designated Agent: rwells@edmin.com
Under Title 17, United States Code, Section 512(c)(3)(A), your Notification of Claimed Infringement must include the following:

  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work(s) that you claim have been infringed;
  • A description of the material that you claim is infringing, and the location where the original of an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  • Your address, telephone number, and e-mail address;
  • 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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Miscellaneous Terms and Conditions

The Terms and Conditions of Use apply generally to your access to and use of this Web site and our software, products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the User Agreements or other agreements pursuant to which you obtain our software, products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.

No delay or failure to take any action or exercise any right that EW may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by EW.

Any litigation arising out of or related to your access to or use of this web site and services provided by it will be brought only in the United States District Court for the Southern District of California, San Diego Division, or, if federal subject matter jurisdiction is lacking, then in any California state District Court located in San Diego, California. By accessing or using this web site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the State of California, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this Web site, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of EW that explicitly authorizes a use which is inconsistent with these terms and conditions.

This agreement is effective until terminated by EW at any time without notice. However, the disclaimers and limitations of liabilities set forth in this agreement will survive.




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