MEDIA CHALK, LLC (the "Company") believes it is important for you as a subscriber and user and for all users to have a rewarding experience using the resources and materials on MEDIACHALK.COM and related services. The Company believes that technological innovations may sometimes frustrate users because user expectations often involve complexities that exceed the limits of technology. The Company strives to match expectations with technology in providing these services. The MEDIACHALK General Terms of Service and Acceptable Use Policy ( the "Agreement") are crafted to explain the legal relationship between you as a subscriber and MEDIACHALK. Please read it with care and if you do not understand anything, kindly send an email to the Company's Legal Department at: firstname.lastname@example.org for an explanation before using MEDIACHALK.COM or any related services. By using MEDIACHALK.COM and any related services, you are bound by the terms of this Agreement set forth herein.
ACCESS TO SERVICES
You have requested access to an information service and to be a subscriber and user under the terms and conditions of this Agreement. The Company may offer to provide certain services, which are described more fully on the website (the "Company Website"), and which are selected by you from time to time through the process provided on the Company Website (all things provided to you by MEDIACHALK.COM are collectively termed "Services"). The Services are accepted by you solely for your own use, and not for the use or benefit of any third party. Services shall include, but are not limited to, any services the Company performs for you, as well as the offering of any content on the Company Website. The Company may change, suspend or discontinue the Services or Company Website at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services or Company Website without notice or liability. The Company reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Company Website, or by sending you a notice via e-mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services and Company Website following such modification and notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
In order to obtain access to the Company Website and use the Services, you certify to MEDIACHALK.COM that you are an individual at least 18 years of age, or have the consent of your parent or legal guardian, or, if applicable, the consent of your teacher, school superintendent or school district supervisor. You hereby certify that you are not under any disability that could affect your legal standing to make a binding contract. This Agreement is void where prohibited by law, and the right to access the Company Website is revoked in such jurisdictions.
You certify that you are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Company Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services. You also agree and certify that you will comply with any laws or regulations that may apply to your use of the Services and the Company Website, including, without limitation, any laws requiring registration or filings with local, national and/or international authorities, and the payment of any applicable taxes or tariffs.
USE OF WEB
Company Website MEDIACHALK.COM services are provided by the Company for users of MEDIACHALK.COM and to provide an interactive, media-making tool, where both teachers and students have the opportunity to create stories and projects.
As a condition to your use of the MEDIACHALK.COM and its related services, you agree that you will not: (i) use MEDIACHALK.COM and its related services to infringe the intellectual property rights of others in any way; (ii) use MEDIACHALK.COM and its related services or make any attempt to penetrate, modify or manipulate the MEDIACHALK.COM and its related services or any of the Company's hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Company account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Company services; or (iii) reverse engineer any portion of MEDIACHALK.COM and its related services.
All content included on MEDIACHALK.COM and any related portions of the website, such as text (including, but not limited to, any forum or message board discussion), graphics, logos, button icons, images, audio clips, digital downloads, media maker tool, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on MEDIACHALK.COM is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on MEDIACHALK.COM is the property of the Company or its licensors and protected by United States and international copyright laws.
You are only authorized to visit, view and retain a single copy of pages of MEDIACHALK.COM solely for your own individual, noncommercial use, and that you will not duplicate, download, publish, modify or otherwise distribute any material on MEDIACHALK.COM for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by the Company. You may not frame any portion of MEDIACHALK.COM in any other website, whether it be for commercial or non-commercial purposes, nor may you link to any portion of the website's internal content, or in any way circumvent MEDIACHALK.COM's secure network and/or access portal, through any technology now known or made known in the future.
We post legal notices and various credits on pages of MEDIACHALK.COM, which may not be removed even from your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits.
The User hereby grants to Media Chalk, LLC, a non-exclusive, perpetual, irrevocable, royalty-free license to use, copy, modify, publish and re-publish any work created in part, alone or with other works, and to sub-license such work to affiliates or assigns all such rights for educational, advertising, promotional, or any other lawful use. The works included within this grant include all works prepared in connection with Media Chalk and its web-based tool, or are or were otherwise submitted to Media Chalk for use or publication on the Media Chalk website.
Trademarks owned by the Company, the Company logo, and all other trademarks, service marks, and trade names of the Company appearing on MEDIACHALK.COM are owned by the Company or its licensor(s). The Company's trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits the Company. All other trademarks, product or service names, brand names, company names and/or logos that may appear on MEDIACHALK.COM are the property of their respective owners.
PROHIBITED ACTIVITIES ON THE COMPANY WEBSITE
It is a condition of your use of the MEDIACHALK.COM and its related services that you do not restrict or inhibit any other user from using and enjoying the Company services or any Company property or system, or use the Company Website or any of the services to: (i) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability; (ii) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; (iii) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (iv) violate or attempt to violate, the security of the Company services; or (v) assist or permit any persons in engaging in any of the activities described above.
Use of MEDIACHALK.COM is subject to the Company Acceptable Use Policy as set forth below.
CONSEQUENCES OF UNACCEPTABLE USE We reserve the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Company Website or any of the Company services.
REGISTRATION AND SECURITY As a condition to using the Services provide by MEDIACHALK.COM, you may be required to register with MEDIACHALK.COM and select a password and username (a.k.a. log in name) ("MEDIACHALK.COM User ID") and may be subject to various security precautions designed for your protection and the integrity and privacy of the Services. You agree to and are required to comply with these security measures as they currently exist and as are later modified, including Reporting any Security incident pursuant to the reporting procedure on the Company Website and in this Agreement generally.
Subscriber shall provide MEDIACHALK.COM with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
You may not: (i) select or use as an MEDIACHALK.COM User ID a name of another person with the intent to impersonate that person; (ii) use as an MEDIACHALK.COM User ID a name subject to any rights of a person other than you without appropriate authorization; or use as a MEDIACHALK.COM User ID a name subject to any rights of a copyright, trademark, service mark or similar mark of any person, business, company, organization, sole proprietor without appropriate authorization; or (iii) provide your User ID and/or password to another person for the purpose of accessing MEDIACHALK.COM without the express approval of MEDIACHALK.COM.
MEDIACHALK.COM reserves the right to refuse registration of, or cancel a MEDIACHALK.COM User ID in its sole discretion. You are responsible for maintaining the confidentiality of your MEDIACHALK.COM password and any activity or transaction entered into using your password will be deemed to have been entered into by you.
INFORMATION YOU SUBMIT AND YOUR PRIVACY
We use the e-mail address and other information you submit to us at our "CONTACT US" page and other pages we may add from time to time, to respond to your inquiries for information or requests for services. Our use of any Information you submit to us in order to use the services is subject to the terms and conditions of this Agreement. MEDIACHALK.COM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability.
When you fill forms online and use some areas of our Website and services, you agree to provide the Company current, complete, true and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If the Company suspects that such information is untrue, inaccurate, not current or incomplete, the Company may refuse you access to our services, and pursue any appropriate legal remedies.
WARRANTY DISCLAIMER YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE COMPANY SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
ABSOLUTLY NO REFUNDS WILL BE GIVEN ONCE PAYMENT HAS BEEN RECEIVED.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPANY SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE COMPANY SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE COMPANY SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A LICENSEE DOING BUSINESS IN CALIFORNIA, USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542, WHICH STATES: "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."
INDEMNITY OF COMPANY You agree to indemnify and hold the Company harmless, and, at the Company's request, to defend the Company from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services.
APPLICABLE LAWS MEDIACHALK.COM is a Montana LLC and the substantive laws of the state of Montana will govern these disclaimers, terms, and conditions, without regard to any conflict of laws or provisions. The Company makes no representation that materials in the Company website or the Company services are appropriate or available for use in other locations or territories where their content or use is prohibited. Users accessing this Company Website from other locations are responsible for compliance with applicable local laws.
The Company may amend these Terms of Service or any other notices, policies, terms and conditions on MEDIACHALK.COM at any time by updating this posting or otherwise posting the changes to MEDIACHALK.COM. Accordingly, you should visit MEDIACHALK.COM from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at MEDIACHALK.COM or in conjunction with the Company's software or the Company services. No delay or failure to take action under such terms and conditions will constitute a waiver by the Company unless expressly waived in writing by a duly authorized officer of the Company.
This Acceptable Use Policy specifies the actions prohibited by MEDIA CHALK, LLC. ("Company") to users of the MEDIACHALK.COM (the "Company Website") and any related resources.
The Company Website may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. The Company has the right to remove any materials that it deems in it sole and absolute discretion, as obscene or offensive.
COMPANY WEBSITE AND NETWORK SECURITY
Violations of Company Website or network security are prohibited, and may result in criminal and civil liability. The Company will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of Company Website or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the Company Website or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the Company Website or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Unauthorized removal, use or posting of any materials contained on the Company Website, or any material created on the Company Website, using any system, tool, or utility provided on the Company Website, whether such material was created in part by a user.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A COMPANY CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.