B. Username and Password. You will receive a username and password from your Administrator. It is your responsibility to keep your username and password secure.
C. User Content. All information, materials, functions and other content (including Submissions) (collectively, the “Content”) contained on QwertyTown are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change QwertyTown or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from QwertyTown may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of QwertyTown.
You are responsible for all Submissions that you provide and you warrant and represent that the Submissions do not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation. At the end of the Service, the Submissions on the Service may be archived.
“Submissions” means any and all text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through QwertyTown.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
If you do inappropriate things on QwertyTown or abuse the Service we provide in any way, we may terminate your account(s), block your access to QwertyTown, and may also take other actions. Your QwertyTown account(s) and your access to QwertyTown may be terminated or blocked by us or your Administrator for any reason. The following broadly describes activities that are prohibited on QwertyTown. If you break these rules, your access to QwertyTown will be blocked.
The following Rules of Conduct apply to QwertyTown. By using QwertyTown, you agree that you will not Distribute any Submission that:
A. (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv)otherwise harms or can reasonably be expected to harm any person or entity;
B. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
C. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
D. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
E. contains a virus or other harmful component, or otherwise tampers with, impairs or damages QwertyTown or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of QwertyTown; or
F. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
Monitoring and Enforcement. We do not actively monitor the Service or the content that is posted or provided by you or your school, nor are we obligated to do so. And since we do not, and may not have the ability to, control or actively monitor the content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Service, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating user access to our Service. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Service that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content.
Furthermore, by using QwertyTown, Teacher Accounts (as set forth below) shall have access and ability to monitor any and all user activity.
You hereby grant us and our licensees, distributors, agents, representatives, and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on QwertyTown, on third party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
To the extent that we solicit Submissions through features or activities on or through QwertyTown (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 7) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create (and when specifically permitted by us to distribute) a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating or distributing your Submissions). We do not intend for such Submissions to be joint works. The license to use our copyrighted works to create such Submissions shall be conditioned upon your assignment of your rights in the works you create to us, and if such rights are not assigned to us, your license to use our copyrighted works (in whole or in part) to create and distribute the Submissions shall be retroactively null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us
A. Student Accounts. Some services on QwertyTown permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to QwertyTown. In addition, you agree to exit from your account at the end of each session.
B. Teacher Accounts (Administrator). For any student accounts that you setup using your QwertyTown Teacher Account (also referred to herein as “Administrator”), you agree to the following:
* “To ensure that children can access educational content at school, the FTC has clarified in educational materials that teachers can act on behalf of parents to provide consent for purposes of COPPA.” [Implementing the Children’s Online Privacy Protection Act, Report to Congress, FTC, Feb. 2007] See also the FTC’s How To Protect Kids’ Privacy Online, A Guide for Teachers, http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec10.pdf.
“Public Forum” means an area, site or feature offered as part of QwertyTown that provides the opportunity for users to Distribute Submissions for viewing by one or more QwertyTown users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through QwertyTown under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO QWERTYTOWN OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM QWERTYTOWN IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT QWERTYTOWN OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
QwertyTown may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. SECOND NATURE LEARNING, LLC, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, LICENSORS, MEMBERS, AND AGENTS INCLUDING YOUR SCHOOL OR INSTITUTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SERVICE, (B) THE USE OF, OR INABILITY TO USE, QWERTYTOWN OR CONTENT, OR (C) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF QWERTYTOWN OR ANY OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR SERVICE.
WE MAY TERMINATE YOUR FURTHER ACCESS TO QWERTYTOWN OR CHANGE QWERTYTOWN OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
In compliance with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address alleged copyright infringement on the Service. If you believe that your work has been copied and has been posted to this Service in a way that constitutes copyright infringement, you may provide us with notice of your complaint by providing us with the following information in writing:
To be effective, your notification must be in writing and include the above information.
We may, in our sole discretion, reserve the right to refuse additional content from members who have posted allegedly infringing material, and/or delete the material, or to terminate such member’s access to the Service.
After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
If you are subject to a notification, you may provide us with a counter notification by providing us the following information in writing:
Upon receipt of a proper counter notification under the DMCA (as set forth above), we will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days. Additionally, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless we first receive notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Service.