Last Updated: June 18, 2013
3. User Registration and Conduct; Project Development
A. As a registered user of this Site you may submit your profile and lesson plans to the Site, including but not limited to biographical data, including without limitation any photos of yourself and any other personal information you provide through your public profile (ÒProfile InformationÓ), and information about your lesson plans, including without limitation written materials, photos, and audio-visual material (collectively, your ÒPlan ContentÓ), as well as provide comments on or changes to the lesson plans of third parties and post links to other content (ÒUser-Generated ContentÓ). (Your Profile Information, Plan Content and User-Generated Content are collectively referred to herein at times as ÒContentÓ).
D. You understand that Company does not guarantee any confidentiality with respect to your passwords, or any Content you uploaded to the Site. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You can use music, clips, photographs or other content in your Content, but you must have the appropriate license to do so if such materials are not owned by you. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You shall not upload, post, submit or otherwise make available on this Site 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 you. You further represent and warrant that our publication of the will not infringe on the patent, trademark, trade secret, copyright, or other rights of any party. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. You are required to notify us immediately in writing if any party uses your account in an authorized manner. We are not liable for any damages or losses caused by unauthorized use of your account by any third party.
E. You agree that you will not submit to the Site any Content or other material that is contrary to applicable local, national, and international laws and regulations. You consent to the transmission of your Content to servers in the United States if you are outside of the United States. You further agree to use this Site for lawful purposes only and shall not post or transmit through this Site any material (i) which violates or infringes in any way upon the rights of others, (ii) which is unlawful, threatening, hateful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, deceptive, fraudulent or otherwise objectionable, (iii) which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or intentionally or unintentionally violates any local, state, national or international law, or (iv) which, without CompanyÕs express prior approval, contains advertising or any solicitation with respect to products or services. You may not impersonate any person or entity, including but not limited to, any employee or representative of Company or its affiliates, or falsely state or misrepresent your affiliation with a person or entity. You further agree that this list is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether certain conduct violates this User Conduct Section.
4. Proprietary Rights and Licenses
D. Please note that Company does not want to receive confidential information from any user and any information received will be deemed NOT confidential or proprietary. You understand and agree that no confidential or fiduciary relationship is established by your submitting the Content hereunder, the Company shall not be required to treat any submission of Content as confidential and nothing in this agreement shall be deemed to place the Company in any different position from anyone else to whom you have not submitted the Content. You acknowledge that the Company assumes no responsibility for controlling or monitoring your intellectual property rights and is not responsible for enforcing your intellectual property rights or for suing or taking other legal action against infringers. You or a third party licensor, as appropriate, are responsible for protecting your intellectual property rights.
F. All Company graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as ÒCompany MarksÓ), regardless of whether displayed on the Site, are the exclusive property of GameDesk, Inc. All rights reserved. Company Marks and trade dress may not be used, including as part of trademarks or domain names, in connections with any product of service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of Company.
G. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of this Site are copyrighted as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on this Site will be permitted without the express permission of Company 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. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
5. Third Party Content
A. Company is a distributor (and not a publisher) of content supplied by third parties and users of this Site. Accordingly, Company 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, or any user of this Site are those of the respective author(s) or distributor(s) and not of Company. Neither Company 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. Refer to Sections 7 and 8 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.
B. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider or users not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Company is not responsible in any way for your User-Generated Content or the User-Generated Content of any other user of the Site, and you hereby irrevocably waive any claims or remedies, both legal and equitable, that you may have against Company or any of CompanyÕs affiliates or assignees, with respect to any User-Generated Content of any user of the Site, including without limitation any claims for copyright infringement.
C. To defray the costs associated with providing our sites, Company may sell advertising space on our sites. We do not examine or evaluate the products, services, or offerings of advertisers found on our sites. Accordingly, we do not warrant any products, services, or offerings of, such advertisers. Your correspondence or dealings with such advertisers are solely between you and the advertiser. You agree that Company shall not be held liable for any loss or damage incurred as a result of any such correspondence or dealings.
YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" OR ÒAS AVAILABLEÓ BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
COMPANY ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THIS SITE. USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, COMPANY AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "COMPANY PARTIES") WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR AVAILABLE AT ANY PARTICULAR TINE OR LOCATION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE. COMPANY PARTIES ALSO MAKE NO WARRANTY AS TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR THE MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS; THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR THAT CONTENT AVAILABLE VIA OUR SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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 RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY 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 YOU.
8. Limitation of Liability
IN NO EVENT WILL COMPANY, THE COMPANY PARTIES OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Copyright Complaints