Thank you for visiting SchoolZone.com. This Web site, including any services, applications, content or information on the web site (collectively or individually, as the case may be, the "Site”) is a service made available by School Zone Publishing Company, Inc. (“we” or “us”).
All content, information, and services provided on and through the Site may be used only under the following terms and conditions, as they are amended from time to time (the "Terms").
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO COMPLY WITH THESE TERMS. WE MAY CHANGE THE TERMS THAT GOVERN YOUR USE OF THE SITE FROM TIME TO TIME, AND YOUR USE OF THE SITE AFTER THOSE CHANGES CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AS CHANGED. IN ADDITION TO CHANGES IN THE TERMS, WE MAY CHANGE, EDIT, DELETE OR REVISE PORTIONS OF THE SITE AT ANY TIME WITHOUT NOTICE.
1. SITE USE GENERALLY.
1.1 Limited License. You are granted a limited, revocable license to access and make use of the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, or similar data gathering techniques and tools; (iii) framing or using framing techniques to enclose any Site content without our express written consent; and (iv) using any meta tags or any other ‘hidden text’ that uses our name or any of our trademarks or services mark. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. We may terminate this license and your rights to use the Site for any reason at any time.
1.2 Copyright and Trademark. The Site design, software applications, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to our trademark rights.
1.3 Links to Other Materials. Linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
1.4 Minors; Territory. The Site may not be accessed by persons under the age of 13. Our Site is hosted in the United States. We make no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Any references on the Site to specific products and services are applicable only to those available in the U.S., and any product claims and comparisons to other products on the Site apply within the U.S. only. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
1.6 Your Account. You may register at the Site and set up an account if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, then you will have a username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/or password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. You will provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, then you represent that you have the authority to bind that person as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
1.7 Site Limitations. You acknowledge that data entry, communication and storage are subject to a possibility of human and machine errors, omission, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to the Site. We will not be liable in any way to you or any other party for errors, omissions, delays, interruptions, or losses.
2. USER CONTENT
2.1 Submission; License. With respect to content submitted by you and third parties, You acknowledge and agree that the Site will function solely as a conduit for the receipt, management and transmission of content supplied by you and third parties (the “Content”). We are not responsible for any Content. We will not monitor, exercise control over, or review, evaluate, or assess any Content. As between you and us, you have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of your or another party’s proper or improper use of Content. If you post or submit Content through the Site, and unless we indicate otherwise, you hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which we may sublicense, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image); and (b) adapt, modify, re-format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). You also hereby grant us and our sublicensees the right to use the name that you submit in connection with such Content. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.
2.2 Content Violation. As between You and us, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of Your or another party’s proper or improper use of the Content. We may, but are not obligated, to review Content that you submit. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Site for violating these Terms or the law and the right to remove Content that is abusive, illegal, or disruptive. We may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for us.
2.3 Content Warranty. You represent and warrant to us that (i) You have the intellectual property rights in the Content necessary to grant us the rights that You purport to grant in this Agreement; (ii) Content is accurate and not misleading; and that (iii) Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
2.4 Restrictions on Use. Except as otherwise agreed upon in writing, you will: (a) not interfere, breach or abuse the security measures implemented to limit access and protect the Site and the resources used to provide the Site; (b) not disrupt or interfere with the operation of the Site or the resources used to provide the Site; (c) not transmit through the Site any virus, trojan horse, or similarly harmful, disruptive or destructive computer program, script or object; (d) not monitor, mirror, copy, summarize or create any derivative work from any website through which some or all the Site is provided or any materials used to provide the Site (including the underlying software); (e) not use another person’s account or password to access the Site or otherwise obtain unauthorized access to the Site or the data or information of another person; (f) not use the Site in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability; (g) not use the Site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Site for commercial purposes; (h) not transmit or communicate to us or our service providers any information that is illegal or which it does not have permission to transmit or communicate; (i) reverse engineer, decompile or reverse assemble any software used to provide the Site; (j) use the Site in any manner that could reasonably be expected to damage, disable, overburden or impair the Site; (k) interfere with the security of, or otherwise abuse the Site or the system resources, accounts, servers or networks connected to or accessible through the Site; (l) not permit any person under the age of 13 to access or use the Site; and (m) attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of the Site as we determine in our sole discretion.
3. DISCLAIMER OF WARRANTIES.
3.1 General. WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.
3.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, DELIVERY OR MISDELIVERY, STORAGE OR FAILURE TO STORE ANY CONTENT, USER DATA, COMMUNICATION OR PERSONALIZED SETTING. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.
4. LIMITATION OF LIABILITY AND REMEDIES.
4.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4.2 Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EACH OF US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES), WHICH WE MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF THE SITE, ANY CONTENT, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS.
5. GENERAL TERMS.
5.1 Modification. We reserve the right at any time and in our sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. We may revise the Terms at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms, You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. We also reserve the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
5.2 Jurisdiction. The Terms will be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. We and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site will be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Kent County, Michigan. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
5.3 Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause us irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, we will be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
5.4 Entire Agreement. The Terms embody the entire agreement and understanding between us and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms will affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
Updated and effective November 20, 2009
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act 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 at a single online site are covered by a single notification, a representative list of such works at that site.
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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider 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.
School Zone’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:
School Zone Publishing Company
Attn: DMCA Copyright Agent
1819 Industrial Drive
Grand Haven, MI 49417
Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.