ENVISION Terms of Service
Last Updated on February 160, 2014
1. Acceptance of Terms
This Website is provided by envisionschoolpublishing.com (“ENVISION”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. ENVISIONreserves the right to alter these TOS without advance notice by posting revised TOS. You can determine if the TOS has been revised by referring to the “Last Updated” date at the top of this page.
These TOS apply to the following site: http://www.envisionschoolpublishing.com, and all individual and group author sites listed at http://www.envisionschoolpublishing.com. In addition, when using particular services provided by ENVISION, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ENVISION’S WEBSITE. YOUR USE OF ANY OF THE WEBSITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
Any questions about the meaning or application of these TOS should be directed to firstname.lastname@example.org.
2. Description of the Service
ENVISION provides users with access to a rich collection of online resources, including forums and message boards, chatrooms, searchable databases, and specialized content through its website (all of the foregoing, the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release of new ENVISION sites, shall be subject to the then-current TOS.
3. Registration Obligations/Screen Names
- You are not obligated to register with ENVISION in order to access the Website. However, ENVISION offers certain features and services for which registration is necessary. For example, to contribute in an Interactive Community such as a forum or chatroom, you are required to select a user name and to provide your email address to ENVISION. Depending on the Website, you will either select your own password at the time of registration, or will receive an email notification from us with a randomly generated initial password. Whenever you contribute to a public forum, your user name and a link to your profile will automatically appear with your post. In addition, you may submit your email address in order to receive periodic updates about our authors, new releases, contests, and other matters. Additional contact information, including name and address may be required for participation in contests. All such submissions are governed by ENVISION’s. We may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
- In consideration of your use of the Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or Services to any third party. You are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify ENVISION of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ENVISION is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
- ENVISION is committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under 14 years of age. No personal information should be submitted or posted on ENVISION sites by individuals under 14 years of age.
5. Rules of Conduct
While using any of the Website you will comply with all applicable laws, rules, and regulations. In addition, ENVISION expects the users of the Website to respect the rights and dignity of others, and use of the Website and Services is conditioned on the following Rules of Conduct. You will not:
- Post, transmit, or otherwise make available anything that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. Any person who has been found to violate the intellectual property rights of others shall be barred from submitting or posting any further material on the Website.
- Use the Website for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking.
- Post, transmit, or otherwise make available any material that would violate another person’s privacy or other rights, including any message containing personal phone numbers or addresses (including your own).
- Post, transmit, or otherwise make available any material, non-public information about a company without the proper authorization to do so.
- Interfere with any other user’s right to privacy; or harvest or collect personally identifiable information about users of the Website.
- Impersonate any person or entity, including, but not limited to, any ENVISION representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
- Post, transmit, or otherwise make available any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
- Interfere with or disrupt the Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies, or regulations of such networks.
- Restrict or inhibit any other user from using the Website, including by means of hacking or defacing any portion of the Website.
- Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
- Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or Website.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.
- Remove any copyright, trademark, or other proprietary rights notice contained on the Website.
- Frame or mirror any part of the Website without ENVISION’s prior written authorization.
- Create a database by systematically downloading and storing all or any of the content on the Website.
6. Monitoring and Disclosure of Content
- You acknowledge that ENVISION does not pre-screen content posted by users, and that ENVISION shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, ENVISION shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by participants and in order to determine compliance with the TOS. In addition, ENVISION shall have the right and sole discretion to refuse to post, alter, or remove any content, in whole or in part, that it believes to be in violation of the TOS, or which it finds to be objectionable for any reason.
- You acknowledge and agree that ENVISION may preserve content, and may disclose content and its origin if ENVISION believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or safety of ENVISION , its users or the public; or (e) to operate the Website.
7. Limitations of Liability and Disclaimer of Warranties
- ENVISION is a distributor only, and not a publisher, of messages posted in its Interactive Communities. Please be aware that other users may post material in the Interactive Community that is inaccurate, misleading, or deceptive. All statements, advice, and opinions made by participants in any Interactive Community are those of such participants only, and ENVISION neither endorses nor shall be held responsible for the reliability or accuracy of same, or for any injury, loss, or damage which occurs as a result of such statements, advice, opinions, or other information provided in any Interactive Community. In addition, ENVISION has no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of information voluntarily made public by a user of the Website. Any user of the Website who chooses to make any personally identifiable or other information publicly available in an Interactive Community does so at his or her own risk.
- THE WEBSITE, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY ENVISION OR SUBMITTED TO ENVISION, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEBSITE.
- ENVISION DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE WEBSITE, CONTENT CONTAINED THEREON, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. ENVISION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ENVISION HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, ENVISION WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE ENVISION ‘S WEBSITE, FROM GOODS ACQUIRED THROUGH ENVISION, OR FROM ANY CONTENT POSTED ON THE WEBSITE BY ENVISION OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THEIR CONTENT IS TO STOP USING THE WEBSITE.
- ENVISION MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (vi) THE WEBSITE OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify, and hold harmless ENVISION, its parents, subsidiaries, and affiliated companies, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorney’s fees) arising out of (i) your use of the Website; (ii) any violation of these TOS by you; or (iii) any allegation that anything you post, transmit, or make available on the Website infringes or otherwise violates the copyright, trademark, trade secret, or other rights of any third party.
The Website may provide links to other World Wide Web sites or resources. Because ENVISION has no control over such sites and resources, you acknowledge and agree that ENVISION is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other website may provide links to ENVISION’s Website with or without ENVISION’s authorization. ENVISION has no control over sites that provide links to the Website, and you acknowledge and agree that ENVISION does not endorse such sites and is not responsible for any links from those sites to the Website or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that ENVISION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that ENVISION provides links to or that provide links to ENVISION’s Website, or (ii) any content, goods, or services available on or through any such sites or resources. ENVISION shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means, without prior notice.
10. Dealings With Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that ENVISION shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Website. The foregoing expressly includes, without limitation, travel or tours arranged through our Website.
11. ENVISION ‘s Proprietary Rights
- Subject to the ENVISION Privacy Statement, by inputting data, posting stories, ideas, drawings, opinions, messages, eyewitness accounts, or any other materials, or engaging in any other form of communication (each, a “Submission”) through the Website, you are granting ENVISION and its affiliated companies a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, transferable, worldwide license to (i) use, copy, sublicense, adapt, transmit, distribute, publicly perform or display any such Submission in any medium now known or hereafter developed, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Submission. The foregoing grants shall include the right to exploit any proprietary rights in such Submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. You release ENVISION from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify ENVISION in connection therewith. You agree and acknowledge that participation in the Services shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and ENVISION, other than the relationship between ENVISION and you entered into by virtue of your agreement to these TOS.
- You acknowledge and agree that the content presented to you on or through the Website is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by ENVISION or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content made available on or through the Website, in whole or in part.
12. Copyright Issues
All content on the Website is protected under U.S. copyright laws, including the Digital Millennium Copyright Act (the “DMCA”). You may download one copy of the content of the Website to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from the Website.
For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counternotices should be sent to:
Name: Patrick Alexander
Address: ENVISION School Publishing,23 Kimberly Avenue, West Haven, CT 06516
Telephone Number: (203) 934-6882
Fax Number: (203) 934-6899
Email Address: email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
13. Modifications to Services
ENVISION reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that ENVISION shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any content, feature, or product offered on the Website. Your continued use of any Website after such changes will indicate your acceptance of the changes.
You agree that ENVISION, in its sole discretion, may terminate your password and user name, and/or use of the Website and/or Services, for any reason, including, without limitation, if ENVISION believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Website and/or the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ENVISION may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. Further, you agree that ENVISION shall not be liable to you or any third party for any termination of your access to the Services.
15. Jurisdictional Issues
ENVISION neither represents nor warrants that the Website or Services are appropriate or available for use in any particular jurisdiction. Accessing the Website or Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Website’ availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.
16. Governing Law
These TOS shall be governed by and interpreted in accordance with the laws of Alabama and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Baldwin County, Alabama. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the TOS or other matters, by displaying such notices or by providing links to such notices.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up:http://www.netparents.org/parentstips/browsers.html.
If any part of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these TOS will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and ENVISION with respect to your use of the Website or any Services and supersedes all prior or contemporaneous communications and proposals between you and ENVISION.
20. Information or Complaints
If you would like any further information or if you have a complaint regarding the Website or Services, please send an e-mail to firstname.lastname@example.org. Connecticut residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the Connecticut Department of Consumer Affairs by mail at 35 Cold Spring Rd, Suite 512, Rocky Hill, Connecticut 06067, or by telephone at (860) 571-0408.