Welcome to the Teachscape, Inc. ("Teachscape", "us" or "our") website (this "Site"). Please review the following basic rules that govern your use of this Site. Your use of this Site means that you agree to these rules. In addition, this Site has certain areas accessible only by registered users ("Registered User Areas"). Use of the Registered User Areas may be subject to additional terms, and is prohibited unless you are a registered user. We may change, suspend or discontinue any portion of this Site at anytime.
All information, documents and materials in whatever format are referred to as "Content." All Applications, programs and other software on this Site or relating to the Content are referred to as "Software." Software on this Site, except noted third party materials, are the property of Teachscape and are protected under United States and international copyright laws and treaty provisions. You may download, view, copy and print Content from this Site, other than Content located in the Registered User Areas, subject to the following:
- any such use is solely for personal, informational, non-commercial purposes;
- you may not modify, revise or create derivative works from any of our Content;
- you must keep and plainly display all copyright and other proprietary notices, in the same form and manner as on the original; and
- you must display a statement that the Content may be used solely with the permission of us.
Teachscape Software and accompanying documentation used in accessing the Content or otherwise available to download from this Siteare copyrighted, proprietary works and are the property of Teachscape or licensed by Teachscape from third parties. Any use of the Software and accompanying documentation may be subject to the terms of a license agreement embedded in or included with the Software. You must read the license agreement and indicate your agreement to its terms prior to installing or using the Software. In the absence of such a license agreement the following shall apply: Teachscape grants you a personal, limited, non-exclusive and non-transferable license to use the Software for the purposes of accessing the Site and the Content and for such other purposes as may be expressly permitted by the Site. You agree not to: (i) modify, adapt, alter, translate, or create derivative works from the Software; (ii) sub-license, distribute, sell, loan, or otherwise transfer the Software to any third party; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; (iv) remove or alter any notices in the Software; or (v) otherwise use or copy the Software except as expressly permitted. All rights, title and interest not expressly granted are reserved.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Teachscape on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Teachscape's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Teachscape of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Teachscape will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Teachscape is and shall be under no obligation to (i) maintain any Comments in confidence; (ii) to pay any compensation for any Comments; or (iii) respond to any Comments.
You are solely responsible for the content of any Comments you make. You agree that no Comments submitted by you to this Site will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to this Site will be or contain content that is libelous or otherwise unlawful, abusive, harassing, tortious, defamatory, vulgar, hateful, obscene, or invasive of another's privacy, or that harms minors in any way. You agree not to submit any content containing unsolicited or unauthorized advertising, chain letters, pyramid schemes, or any other form of solicitation. You further agree not to submit any content containing software viruses or malware of any kind.
You acknowledge and agree that Teachscape may or may not pre-screen Comments, but that Teachscape and its designees shall have the right, but not the obligation, in their sole discretion, to pre-screen, remove, move, or refuse any Comments, including but not limited to Comments that violate these Terms of Service.
You acknowledge and consent that Teachscape may access, preserve, and disclose your registration information, usage, and Comments if required to do so by law or in a good faith belief that access, preservation, or disclosure is necessary to comply with legal process, respond to claims that Comments violate third party rights, respond to your requests for customer service, protect the rights, property or personal safety of Teachscape, its users, or the public, or to enforce these Terms.
Notice Regarding Children
This Site is intended for adults only. We do not intend for this Site to collect information from anyone under the age of 13. Information published on this Site is not intended for anyone under the age of 13.
Links to Other Websites and Services
This Site may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services but is merely for informational purposes. Teachscape makes no representation or warranties of any kind, express or implied regarding any referenced or mentioned company, its products, services or information.
THIS SITE AND ALL SOFTWARE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEACHSCAPE DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THIS SITE WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT TEACHSCAPE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, TEACHSCAPE DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF TEACHSCAPE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Procedures for Making Claims of Copyright Infringement
Teachscape respects the intellectual property rights of others, and expect our users to do the same. Teachscape may, when appropriate and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers of the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide notice to the person identified below, containing the following information:
- (1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- (2) a description of the copyrighted work that you claim has been infringed;
- (3) a description of where the material that you claim is infringing is located on the Site;
- (4) your name, address, telephone number, and email address;
- (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (6) a statement by you, made under penalty of perjury, that the information contained in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent can be reached by US postal mail:
Attn; Copyright Management
655 Montgomery St, 8th Floor
San Francisco, CA 94111
You agree to defend, indemnify and hold Teachscape harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.
Choice of Law
Failure of Teachscape to enforce any right or provision of these Terms shall not constitute waiver of such right or provision.
Severability of Terms
In the event that any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give full effect to the parties' intentions as demonstrated in the provision, and all other provisions of these Terms remain in full force and effect.