Latest Update: December 21, 2012
Welcome to the Edutopia Web site (the "Edutopia Site" or the "Site").
Additionally, by accessing any of the GLEF Products, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the GLEF Products.
- User Generated Content
- Licenses from GLEF
- Interactive and Social Features
- GLEF Trademarks and Legal Notices
- GLEF Ownership Rights
- Third Party Content and Hyperlinks to Third Party Sites
- Acceptable Use and Conduct
- Copyright Infringement/Digital Millennium Copyright Act Compliance
- Your Account
- Disclaimer of Warranties
- Your Interactions with Other Users
- Limitation of Liability
- Changes to the GLEF Products
- Beta Programs
- Term and Termination
- Injunctive Relief; Governing Law; Venue
- Contacting Us
1. User Generated Content
GLEF does not claim any ownership rights in user generated content ("Your Content"). After posting Your Content, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the GLEF Products needs to comply with the terms of this Agreement.
You hereby grant GLEF, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the GLEF Products and in all current and future media in which the GLEF Products may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) prepare, use, and disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. This license will terminate at the time you remove your Content from the GLEF Products. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies.
You hereby agree that if Your Content is removed from the GLEF Products due to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, GLEF shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of GLEF, any individual, or the general public. If Your Content is lost, altered, damaged, misused, or otherwise irretrievable, you agree to and hereby do waive any and all liability as to GLEF.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. GLEF does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on the GLEF Products may continue to appear on the GLEF Products, even after you have deactivated your GLEF account or terminated these Terms, as portions of Your Content may have been incorporated into other GLEF features including but not limited to profiles, community boards, third party social sharing sites, RSS feeds or other features.
GLEF company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no users of GLEF Products submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. If you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") such Submissions shall be deemed and shall remain the property of GLEF in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, GLEF the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that GLEF chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against GLEF relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
From time to time, GLEF may give you opportunities to participate in GLEF-sponsored events, promotions, and presentations through calls for user submissions. Calls posted on this Site will contain guidelines for providing GLEF with your submission. These submission guidelines are designed to assist you in providing GLEF with a submission that suits our needs. GLEF may, at its discretion, alter or change the guidelines without notice to you. For instance, GLEF may extend a deadline for submissions, or accept and/or reject submissions that fall outside the guidelines at its discretion. User Submissions Calls are not contests and User Submissions may be evaluated in any manner GLEF and its affiliates deem appropriate. GLEF does not guarantee that any submission you provide will be reviewed or even considered for publication. In some cases, submissions not chosen in a submission call may be used on the Site before, during, or after the close of the submission call. Such appearance on the GLEF site is independent of the decision to use you for a particular event, promotion, or presentation.
3. License to GLEF Products
During and subject to the terms and conditions of this Agreement, GLEF hereby grants you a limited, non-exclusive, non-sublicenseable, non-transferable, freely revocable license to access and use the GLEF Products in the manner in which their use is intended by GLEF. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no other rights in any GLEF Products unless specifically and expressly granted by GLEF in writing. You agree that, as between you and GLEF, all the intellectual property rights in the GLEF Products are owned by GLEF or its licensors.
Distribution and Display of Content Through Embeddable Players and Links. You may link to Edutopia.org, use our RSS feeds, or place our embeddable video player on any kind of Web-based content, including sites, blogs, and online courses. All forms of display, including links and embeds, must always be accompanied by a prominent source link back to the Site. We do not allow external hosting of our videos at this time. Offline downloads of Edutopia videos from iTunes U or other means are for personal, educational, or live presentation use only. You may not modify the Content in any way or otherwise make derivative works. If you have questions about this policy, please email email@example.com.
Non-Commercial Print Distribution of Content. You may print pages from Edutopia.org for nonprofit and educational use only. You may not modify the Content in any way or otherwise make derivative works. You may not download or reproduce graphics or visuals separately from the Content. GLEF's copyright notice and any other credit, byline, and copyright notice attributable to specific content must appear on each one of the Edutopia pages you print and distribute. Please list the source: "Originally published (insert publication date) © Edutopia.org; The George Lucas Educational Foundation."
License Restrictions. Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Rent, lease, loan, or sell access to the GLEF Products.
- Decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying the GLEF Products.
- Access the GLEF Products to build a product using similar ideas, features, functions, interface or graphics of the GLEF Products.
- Access (or attempt to access) any service on the GLEF Products by any means other than as permitted in these Terms.
- Circumvent, disable or otherwise interfere with any features of the GLEF Products that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any GLEF or third party content.
- Access the GLEF Products to cause a breach of security to the GLEF Products or interfere with the proper working of the GLEF Products or prevent others from using the GLEF Products.
- Delete the copyright and other proprietary rights notices on the GLEF Products.
4. Interactive and Social Features
To the extent such service is available on the GLEF Products, you are welcome to post, transmit or submit messages ("Messages") to forums, blogs, bulletin boards, chat rooms, user commenting features or other interactive or social features that may be offered within, or in connection with, the GLEF Products (collectively, "Forums"). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction. GLEF accepts no responsibility whatsoever in connection with or arising from such Messages, or for the personal information you choose to submit in these features. GLEF does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by GLEF prior to posting and do not necessarily reflect the opinions or policies of GLEF. GLEF makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, GLEF reserves the right to prevent you from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
GLEF assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time GLEF chooses, in its sole discretion, to monitor the Forums, GLEF nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that GLEF accepts no liability whatsoever if it chooses to block your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the GLEF Products to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the GLEF Products by any other person.
You agree that any Message whatsoever submitted by you becomes the property of GLEF and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as GLEF sees fit.
5. GLEF Trademarks and Legal Notices
GLEF trademarks, logos, images, service marks, trade names and other distinctive branding features used on the GLEF Products (collectively, the "GLEF Marks") are the trademarks of GLEF and may not be used without permission. GLEF is not granting you a license under any intellectual property right to the GLEF Marks. Other trademarks, logos, and trade names that may appear on the GLEF Products are the property of their respective owners.
6. GLEF Ownership Rights
The GLEF Products are owned and operated by GLEF, GLEF's partners or GLEF's licensees. The contents of the GLEF Products are protected by United States copyright and trademark law, international conventions and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials, including downloadable material, contained in the GLEF Products (collectively, the "Materials"), are the copyrighted property of GLEF or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by GLEF for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to GLEF or its affiliates and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to GLEF or its affiliates and/or third-party licensors. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of GLEF, George Lucas or any other third party.
You agree that, as between you and GLEF, GLEF owns all right, title and interest, including, all intellectual property rights, in and to the GLEF Products. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to GLEF. You agree to abide by all copyright notices, information, or restrictions contained in any part of the GLEF Products. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on or in any of the GLEF Products.
7. Third Party Content and Hyperlinks to Third Party Sites
Content from other users or advertisers, including information about third party products and services and any third party applications ("Third Party Content"), is made available to you through the GLEF Products. The inclusion of Third Party Content on the GLEF Products does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, any such Third Party Content is the sole responsibility of the person from which such Third Party Content originated, and GLEF has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, GLEF or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the GLEF Products you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the GLEF Products at your own risk.
Additionally, GLEF or third parties may provide hyperlinks on the GLEF Products, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the GLEF Products and the inclusion of any link on the GLEF Products does not imply GLEF's affiliation or endorsement of such Third Party Sites, their business practices (including their privacy policies) or any information therein. GLEF expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the GLEF Products. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
8. Acceptable Use and Conduct
You represent and warrant to GLEF that: (a) you will comply with all applicable local, state, national and international laws, rules, and regulations in connection with your use of the GLEF Products; (b) you have the right to grant to GLEF the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer programming routines that may potentially damage, harm or otherwise interfere with the GLEF Products. You are solely responsible for your conduct and Your Content on the GLEF Products. We want to keep the GLEF Products safe and fun for everyone and the use of the GLEF Products for unlawful or harmful activities is not allowed. You specifically agree that:
You will not post, email or make available any content (including without limitation submission of any Messages to Forums or any of Your Content) to users or use the GLEF Products:
- In a manner that infringes, violates or misappropriates GLEF's or any third party's copyright, trademark, trade secret or other intellectual or property rights, contractual rights or rights of publicity or privacy (and by submitting Messages to Forums or any of Your Content, you represent to GLEF that you are the rightful owner of such content or that you have first obtained permission to submit the material from the rightful owner);
- to reveal trade secrets or any information which you have agreed, expressly or by implication, to keep confidential;
- in a manner that contains software viruses 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;
- to engage in illegal activities or any advertising, commercial, marketing or promotional activities that are intended to solicit a person to buy or sell services or to make donations, or link to, directly or indirectly, any sites that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the GLEF Products;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for GLEF or cause GLEF to lose (in whole or in part) the services of our ISPs or other suppliers;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy or publicity rights;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by GLEF;
- to impersonate a GLEF employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the GLEF Products without authorization;
- to interfere or attempt to interfere with the proper working of the GLEF Products or prevent others from using the GLEF Products, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the GLEF Products, or that otherwise negatively affects other persons' ability to use the GLEF Products;
- to obtain or attempt to obtain any Materials or information through any means not intentionally made available through the GLEF Products;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the GLEF Products or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the GLEF Products or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products or commercial interests.
You acknowledge that GLEF may terminate your account and remove your account information, as well as disable your access to the GLEF Products, for violation of this section or these Terms and any other reason as GLEF may deem necessary.
9. Copyright Infringement/Digital Millennium Copyright Act Compliance
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on the GLEF Products infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GLEF Products are covered by a single notification, a representative list of such works at that GLEF Products.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GLEF to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit GLEF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or e-mail as set forth below.
Counter-Notification. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which GLEF may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
GLEF only accepts counter-notifications that meet the requirements set forth above and are received from the email address associated with the account you used to upload the content within seven (7) business days of our forwarding you the DMCA notice. You may submit your counter-notification by sending it to our Designated Copyright Agent by mail or e-mail.
Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
DMCA Complaints/Executive Director
PO Box 3494
San Rafael, CA 94912-3494
Fax: (415) 662-1532
For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
GLEF may remove any allegedly infringing content without any liability to you.
GLEF will promptly terminate without notice any user's access to the GLEF Products in appropriate circumstances where the user is a repeat infringer of copyrights. Generally, GLEF will consider a user a repeat infringer if it has received more than two third-party notices of alleged infringement concerning content posted by that user anywhere on the GLEF Products. GLEF, however, reserves the right to identify and terminate users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that user.
10. Your Account
We may ask you to register and create a Site account in order to access, interact with, or otherwise use certain GLEF Products. You are responsible for keeping your GLEF account information secure. You agree to provide GLEF with current, complete and accurate information for the duration of your GLEF account. GLEF accounts are non-transferable. You will be solely responsible and liable for any activity that occurs under your GLEF account. GLEF reserves the right to log off or deactivate accounts for extended inactivity, any violation of these Terms, and for any other reason at any time within the sole discretion of GLEF. You may delete your GLEF account and end your use of the GLEF Products at any time by logging in and completing the account deletion flow.
11. Disclaimer of Warranties
YOUR USE OF THE GLEF PRODUCTS, MATERIALS AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE GLEF PRODUCTS AND ALL GLEF CODE, MATERIALS AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLEF AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. GLEF AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE GLEF PRODUCTS, GLEF CODE, MATERIALS OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GLEF PRODUCTS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GLEF PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLEF OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE GLEF PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, protect, and hold harmless GLEF, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
- Your use or misuse of, or connection to, the GLEF Products;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party; and
GLEF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GLEF. GLEF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Your Interactions with Other Users
Your interactions with other users and third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or third party. As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any user or third party, GLEF is under no obligation to become involved.
You release GLEF, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 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." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
14. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL GLEF OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GLEF OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE GLEF CODE, ON COMPRISING OR THROUGH THE GLEF PRODUCTS OR TO ANY OTHER INTERACTIONS WITH GLEF; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE GLEF PRODUCTS (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) ONE HUNDRED DOLLARS (US$100) OR (ii) THE TOTAL AMOUNTS PAID TO GLEF BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN GLEF AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE GLEF PRODUCTS OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
15. Changes to the GLEF Products
GLEF reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of the GLEF Products or any part thereof, including adding new features to the GLEF Products, with or without notice. GLEF will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the GLEF Products or any of the GLEF Products as a whole.
16. Beta Programs
On occasion, GLEF may choose certain users to test, review, examine, assess, and use certain GLEF Products through a Beta program ("Beta"). You may be required to register for an account or otherwise submit certain personal information in order for GLEF to identify you, properly determine your eligibility to participate in a Beta, and contact you upon selection for a Beta. GLEF will select qualified Beta users on a first-come first-served basis. Selection for a Beta program in no way creates an employment relationship between GLEF and the Beta user and does not entitle the Beta user to any benefits or compensation.
If you participate in a Beta, you must not disclose any information in any form regarding any part of the Beta unless expressly permitted in writing. You may not share, post, blog, send, email, record, summarize, excerpt or otherwise disclose any part of any Beta, including the sale, resale, copying, or distribution of any access codes or keys to participate in any Beta. GLEF may collect any and all information submitted as part of the Beta including but not limited to certain personal information, user data, and game play data. You agree to allow GLEF to contact you regarding your participation in the Beta and seek your participation in user group studies and other participatory surveys.
We may amend, modify, change, add or remove portions of this Agreement at any time without notice to you by posting a revised version on www.edutopia.org or elsewhere on the GLEF Products. The revised version will be effective at the time we post it. Please check this Agreement periodically for changes. Your continued use of the GLEF Products after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing GLEF user on the earlier of (a) the date you accept it, or (b) thirty (30) days after the material changes are initially posted to www.edutopia.org or elsewhere on the GLEF Products. The revised version will apply to you immediately if you are a user who registers or first uses the GLEF Products on or after the posting of the revised version.
18. Term and Termination
Term. This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein.
Termination. GLEF has the right (at its sole discretion) for any reason to delete, disable or deactivate your account (or any part thereof), block your email or IP address, or otherwise terminate your access to or use of the GLEF Products, and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in GLEF's sole discretion, with or without notice, and with no liability of any kind to you or any third party.
You may delete your GLEF account and end your use of the GLEF Products at any time by logging in and completing the account deletion flow.
Effects of Terminating. Upon deleting or terminating your account, this Agreement terminates and you will no longer have a right to access your account or any content on GLEF Products.
Survival. The following Sections will survive termination of these Terms for any reason: Sections 1, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, and 21.
19. Injunctive Relief; Governing Law; Venue
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy and that GLEF shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this Section shall be construed as preventing GLEF from pursuing any and all remedies available to it, including the recovery of money damages from you.
This Agreement shall be governed by and construed in accordance with California governing law and applicable provisions of U.S. federal law without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
You agree to submit to the personal and exclusive jurisdiction of the federal courts of the Northern District of California for the purpose of litigating all such claims or disputes.
20. General Terms
The failure of GLEF to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not delegate or transfer your duties and obligations under this Agreement or assign this Agreement or your GLEF account, in whole or in part, to anyone. GLEF may assign any of its rights and obligations under this Agreement without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
GLEF may provide you with notices, including those regarding changes to this Agreement or any of GLEF's terms and conditions, by email, regular mail, or postings on the GLEF Products. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the GLEF Products) are deemed given two (2) days following the initial posting.
21. Contacting Us
You may contact GLEF at:
P.O. Box 3494
San Rafael CA 94912-3494
We welcome your feedback and thank you for using the GLEF Products!