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This Agreement, which incorporates by reference other provisions applicable to use of WWW.ILOVETOTEACH101.COM, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in WWW.ILOVETOTEACH101.COM, sets forth the terms and conditions that apply to use of WWW.ILOVETOTEACH101.COM by User. By using ILOVETOTEACH101 (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use WWW.ILOVETOTEACH101.COM is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
ILOVETOTEACH101 shall have the right at any time to change or discontinue any aspect or feature of WWW.ILOVETOTEACH101.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
ILOVETOTEACH101 shall have the right at any time to change or modify the terms and conditions applicable to User’s use of WWW.ILOVETOTEACH101.COM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WWW.ILOVETOTEACH101.COM, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of WWW.ILOVETOTEACH101.COM by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Through its Web property, ILOVETOTEACH101 provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall use WWW.ILOVETOTEACH101.COM for lawful purposes only. User shall not post or transmit through WWW.ILOVETOTEACH101.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ILOVETOTEACH101 ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ILOVETOTEACH101 ‘s discretion restricts or inhibits any other User from using or enjoying WWW.ILOVETOTEACH101.COM will not be permitted. User shall not use WWW.ILOVETOTEACH101.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ILOVETOTEACH101 .
ILOVETOTEACH101.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of WWW.ILOVETOTEACH101.COM are copyrighted as a collective work under the [COUNTRY] copyright laws. ILOVETOTEACH101 owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ILOVETOTEACH101 and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on WWW.ILOVETOTEACH101.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of WWW.ILOVETOTEACH101.COM, User automatically grants, or warrants that the owner of such material has expressly granted ILOVETOTEACH101 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) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants ILOVETOTEACH101 the right to edit, copy, publish and distribute any material made available on WWW.ILOVETOTEACH101.COM by User.
The foregoing provisions of Section 6 are for the benefit of ILOVETOTEACH101, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
ILOVETOTEACH101 has no obligation to monitor the Communication Services. However, ILOVETOTEACH101 reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ILOVETOTEACH101 reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ILOVETOTEACH101 reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ILOVETOTEACH101’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. ILOVETOTEACH101 does not control or endorse the content, messages or information found in any Communication Services and, therefore, ILOVETOTEACH101 specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized ILOVETOTEACH101 spokespersons, and their views do not necessarily reflect those of ILOVETOTEACH101.
If any of the Services requires User to open an account, User must complete the registration process by providing ILOVETOTEACH101 with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify ILOVETOTEACH101 immediately of any unauthorized use of User’s account or any other breach of security. ILOVETOTEACH101 will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by ILOVETOTEACH101 or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
ILOVETOTEACH101 does not claim ownership of the materials User provide to ILOVETOTEACH101 (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting ILOVETOTEACH101, its affiliated companies and necessary sub licensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all ILOVETOTEACH101 Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
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THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ILOVETOTEACH101 IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL ILOVETOTEACH101, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.ILOVETOTEACH101.COM OR THE ILOVETOTEACH101 SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.ILOVETOTEACH101.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
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FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
THE LINKS IN THIS AREA WILL LET YOU LEAVE ILOVETOTEACH101’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ILOVETOTEACH101 AND ILOVETOTEACH101 IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ILOVETOTEACH101 IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ILOVETOTEACH101 IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ILOVETOTEACH101 OF THE SITE.
ILOVETOTEACH101 is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ILOVETOTEACH101 has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of WWW.ILOVETOTEACH101.COM, are those of the respective author(s) or distributor(s) and not of ILOVETOTEACH101. Neither ILOVETOTEACH101 nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through WWW.ILOVETOTEACH101.COM represents the opinions and judgments of the respective information provider, User, or other user not under contract with ILOVETOTEACH101. ILOVETOTEACH101 neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on WWW.ILOVETOTEACH101.COM by anyone other than authorized ILOVETOTEACH101 employee spokespersons while acting in their official capacities. Under no circumstances will ILOVETOTEACH101 be liable for any loss or damage caused by a User’s reliance on information obtained through WWW.ILOVETOTEACH101.COM. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ILOVETOTEACH101. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
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ILOVETOTEACH101 shall have the right, but not the obligation, to monitor the content of WWW.ILOVETOTEACH101.COM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ILOVETOTEACH101 and to satisfy any law, regulation or authorized government request. ILOVETOTEACH101 shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WWW.ILOVETOTEACH101.COM. Without limiting the foregoing, ILOVETOTEACH101 shall have the right to remove any material that ILOVETOTEACH101, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless ILOVETOTEACH101, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ILOVETOTEACH101 by User or User’s Account.
Either ILOVETOTEACH101 or User may terminate this Agreement at any time. Without limiting the foregoing, ILOVETOTEACH101 shall have the right to immediately terminate User’s Account in the event of any conduct by User which ILOVETOTEACH101, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
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