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Terms of Use |
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Terms of Use |
We welcome You and thank You for visiting www.teachersociety.com (collectively the "Website"), a service that is brought to You and operated by EDUCATIONWORX LTD. We kindly ask You to read and acknowledge the following terms carefully. Those terms constitute a binding legal agreement between You and EDUCATIONWORX LTD. BY USING AND/OR VISITING THIS WEBSITE including but not limited to accessing, browsing, registering, entering, up- and downloading and/or otherwise using one or more sites of the Website You agree to the terms and conditions of teachersociety.com and enter into this agreement. Thus You acknowledge that You have read, understood and agreed to these terms including teachersociety's privacy notice, published at http://www.teachersociety.com/static/EN/info/privacy.html which explicitly is part of this AGREEMENT. Bookmark this site and come back frequently as it is up to Your responsibility to refer to this site for any updates, changes and/or amendments to the original agreement of the date of Your first usage/visit to the Website. If You don't agree to the terms and conditions You must not use/visit the Website.
EDUCATIONWORX LTD. reserves at all times and from time to time the right to amend, change, modify or discontinue, temporarily or permanently, one or more or all of the sites of the Website (or any part thereof). The decision is to the full discretion of EDUCATIONWORX LTD. and may be taken with or without notice. You explicitly agree that EDUCATIONWORX LTD. shall in no case/event be liable to You and/or to any third party for any amendment, change, modification, suspension or discontinuance of one or more of the sites of the Website (or any part thereof) or the Website in total ("The Service"). EDUCATIONWORX LTD. reserves the right to modify, change and/or amend these terms and conditions at any time. Changes shall be effective immediately upon posting of the revised versions on the on the Website. Violating these terms by You shall give EDUCATIONWORX LTD. the right to terminate Your use of the Website with immediate effect and bar You from future use of the Website, and/or take appropriate action against You as permitted by law.
To use the Website You must be of the legal age to form a binding contract and not be barred from receiving internet services of such kind under any kind of law. You further be a TEACHER or in the progress of becoming one. It might be required that You provide EDUCATIONWORX LTD. with certain personally identifiable information, such information including but not limited to e-mail address, name and institution ("Registration Information"). You agree to provide only real, true, accurate, current, complete and Your own Registration Information, which You are required to update if any changes occur. In the event the Registration Information is incorrect and/or doesn't meet the required standards or EDUCATIONWORX LTD. has any suspect this might be the case, EDUCATIONWORX LTD. is entitled but not obliged to suspend and/or terminate Your usage at its sole discretion.
EDUCATIONWORX LTD. reserves at all times, not limiting any other right herunder, the right to terminate Your usage and/or access to the Website for any reason or no reason. The right to terminate Your usage and/or access to the Website is absolute and under the complete sole discretion of EDUCATIONWORX LTD. This includes the right to terminate The Service, the Website and/or any parts of it for no reason with or without notice.
EDUCATIONWORX LTD. Website is intended for the personal non-commercial use of users only and may not be used in connection with any commercial endeavors whatsoever, unless authorized by EDUCATIONWORX LTD. in writing. You must not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Website. Organizations, companies, and/or businesses must not use the Website and/or its services for any commercial purpose including but not limited to sending any commercial e-mail, advertisements, newsletter for any other website and service in this Website's mail-/messaging systems, chat-rooms, groups, forums and/or using Registration Information or any other personal identifying information for commercial purposes of any kind. You shall not transmit any junk email or chain letters to other EDUCATIONWORX LTD. users. Any misuse is a violation of these rules.
The pages of our Website all information, materials and content, including text, pictures, videos, graphics, software, products, materials, files of any kind, services and other files available on the Sites that are not in the public domain, as well as the selection and arrangement thereof are protected by copyright. In particular, any reproductions, translations, adaptations, storage or processing in other media, including storage or processing by electronic means, enjoy copyright protection. Any reproduction or usage thereof, in whole or in part, shall require the prior written consent of EDUCATIONWORX LTD. Both the contents and structure of the Website are protected by copyright. Any reproduction of information or data, in particular the use of images or texts, or parts thereof, requires EDUCATIONWORX LTD. `s prior written consent. Illustrations are protected by §72 German Copyright Act (UrhG). The rights of dissemination and reproduction are held by EDUCATIONWORX LTD. The rights also remain in force in their entirety when images are automatically or manually added to an archive.
© 2008, EDUCATIONWORX LTD. All rights reserved.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of EDUCATIONWORX LTD. and others. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of EDUCATIONWORX LTD. or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited.
5.1 EDUCATIONWORX LTD. claims immunity from any liability to the fullest extent under the law and contract and as provided under the law for all content on the Website, included, but not limited to, content provided and uploaded by You and/or third parties especially other users and nothing in this agreement is intended to waive, remove, or usurp such immunity.
You understand and agree that EDUCATIONWORX LTD. may in its sole discretion delete but is not obliged to delete any content of all kind, messages including private messages, videos, photos, text or profiles (collectively, "Content") that in the sole judgment EDUCATIONWORX LTD. violates these Terms of Use or might be against the law or which might be or suspected to be offensive, illegal, or that might violate or infringe the rights, harm, or threaten the safety of EDUCATIONWORX LTD. its contributors, users and/or its members.
5.2 You are solely responsible for the content that You upload, publish and/or display (hereinafter, "Post") on the EDUCATIONWORX LTD. Website, or transmit to EDUCATIONWORX LTD. users.
5.3 The following list covers content that is illegal or prohibited on this Website. It includes materials that: is obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive against any member of the community; invades or violates the privacy of any group or individual; is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights; involves "spamming" or other unsolicited commercial e-mail or the diffusion of "junk mail" and "chain letters" or creates or spreads computer viruses; publishes information that You know is untrue, misleading or promoting illegal activities or conduct that is abusive; is distributing information to circumvent manufacture-installed copy-protect devices, pirated music or links to pirated music files; is protected and restricted by password, contains hidden pages or images (those not linked to or from another accessible page); is pornographic, sexually explicit or offensive; exploits anyone under 18 in a sexual or violent manner or requests personal information from people under the age of 18; contains cursing and swearing, falsifying gender, incest, necrophilia, drug utensils, bestiality or is otherwise inappropriate; is impersonating any other member of the community; threatening suicide and harm to oneself or others; is encouraging illegal activities by giving instructional advice, e.g. making or buying illegal weapons or other conduct that would be considered a criminal offence; requests personal or identifying information from any member of the community for commercial or illegal purposes; is diffusing advertisements in chats or instant messaging systems; supports commercial activities such as contests, sweepstakes, barter and pyramid schemes without prior written permission.
5.4 You must use the EDUCATIONWORX LTD. Website in a manner consistent with these Terms and Conditions and any and all applicable laws and regulations.
5.5 Teachersociety.com is a predominantly user generated content driven Website. Regarding this fact EDUCATIONWORX LTD. uses reasonable efforts to include accurate and up to date information in the Website but EDUCATIONWORX LTD. makes NO WARRANTIES OR REPRESENTATIONS as to its accuracy. EDUCATIONWORX LTD. assumes NO LIABILITY OR RESPONSIBILITY for any errors or omissions in the content of the Website no matter if this content was provided by EDUCATIONWORX LTD. or a third party.
6.1 EDUCATIONWORX LTD. provides the opportunity for You to contribute materials, information or content to one or more sites of the Website. By publishing on any of the sites of the Website or using any of the provided interactive services available to You on or through the Website, You agree that You will not upload, post, distribute or facilitate the distribution of any content, materials or information, including text, communications, software, images, sounds, data, or other materials that:
6.2 You agree that You shall not post, upload or otherwise provide access to any personal information of a minor on or through the use of the Website, including but not limited to personal information included but is not limited to name, address, phone number, or the name or location of their school.
6.3 By posting or submitting Content to one or more of the sites of the Website, You represent that You have a good faith belief that You (a) own or otherwise control the rights in and to the Content, (b) are otherwise legally permitted to reproduce and distribute the Content, and/or (c) that the Content is in the public domain. In addition, You represent that You have not removed from the Content any copyright or other notices necessary for obtaining permission to reprint any third party Content, and that You have a good faith belief that the public posting and/or the licensed use of Your Content by EDUCATIONWORX LTD., its subsidiaries, related and affiliated companies, as well as other users of the Website, will not infringe or violate the rights of any third party.
6.4 EDUCATIONWORX LTD. does not pre-screen, monitor, or edit the Content posted by users of the Website. However, EDUCATIONWORX LTD. and its agents have the right, but not the obligation, at their sole discretion, to remove any such Content that, in EDUCATIONWORX LTD.'s judgment, does not comply with these terms or is otherwise harmful, objectionable, inaccurate, or violates the rights of any third party. EDUCATIONWORX LTD. is not responsible for any failure or delay in removing such Content.
6.5 Further, by posting or submitting Content to one or more of the Website, You (i) grant EDUCATIONWORX LTD. a full non-exclusive, worldwide, perpetual, royalty-free, license to use, display, store (not only ephemeral), copy, reproduce, technically change, perform, adapt, modify, publish, translate, transmit, distribute, have distributed, publicly perform, publicly display and promote the Content, or any part thereof, for any purpose may it be commercial or non-commercial, in any and all formats now known or hereinafter used, and further waive any moral rights therein; and (ii) grant users of the Website the right to display, print or download and store the Content from the Website, as well as use, reproduce and modify such Content, limited to non-commercial purposes. EDUCATIONWORX LTD. shall be free to use such Content, including ideas, concepts, know-how or techniques contained in such Content, with attribution to You where clearly feasible, for any purposes and without any payment or royalty obligations to You of any kind.
7.1 You may not upload, post, distribute, publish or reproduce in any way any copyrighted material, trademarks, marks, representations, logos, names, business names, titles or other proprietary information without obtaining the prior written consent of the owner or right holder of such proprietary rights or otherwise have a valid basis under the law, including "fair use".
7.2 Without limiting the foregoing, if You are of the opinion that Your work has been copied, published and/or posted on the EDUCATIONWORX LTD. Website in a way that constitutes copyright infringement, please provide our management with all relevant information consistent with the Digital Millennium Copyright Act (DMCA).
7.3 We need an electronic or physical signature of You (if You are authorized as follows) or the person authorized to act on behalf of the owner of the copyright interest; a detailed description of the copyrighted work that You claim has been infringed in an unauthorized way; a description of how and where the material that You claim is infringing is located on the Website including the (sub-)URLs of web pages and/or hyperlinks; Your personal data containing address, telephone number, and email address; a written 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; a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate, complete and that You are the copyright owner or authorized to act on the copyright owner's behalf or that there is a public interest You can substantiate. EDUCATIONWORX LTD.'s management for notice of claims of copyright infringement can be reached as follows:
support@teachersociety.com
7.4 It is the intention of EDUCATIONWORX LTD. to fully comply with all copyright provisions including but not limited to the principles of the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
8.1 EDUCATIONWORX LTD. does not monitor or control the information provided by other users to the Website and/or that are made available through the Service. Users including yourself are responsible for all information, content and conversation contributed/posted by yourself and other users on the Website.
8.2 You agree not to use the Website in an offensive, harmful, inaccurate, or deceptive way. You may nevertheless find other user's information to be offensive, harmful, inaccurate, or deceptive.
8.3 Please consider that You and other users might have a different point of view on things, use caution, common sense, and safety when using the Website. You are solely responsible for Your interactions with other EDUCATIONWORX LTD. users.
8.4 Because EDUCATIONWORX LTD. is not involved in user interactions, in the event that You have a dispute with one or more members or those who have posted, viewed, or used information on the EDUCATIONWORX LTD. Website, You release EDUCATIONWORX LTD., including its officers, directors, agents, subsidiaries and employees and consultants from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8.5 EDUCATIONWORX LTD. does not intend to and has no obligation to but RESERVES THE RIGHT TO, monitor any interaction, including but not limited to disputes between You and other members.
8.1 Use of the EDUCATIONWORX LTD. Website is governed by our privacy policy which may change from time to time upon electronic notice to You and is published below these terms.
9.1 EDUCATIONWORX LTD. INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES, IS NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT, INACCURATE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OFFENSIVE USER CONTENT (INCLUDING YOUR CONTENT) POSTED ON THE WEBSITE OR IN CONNECTION WITH THE EDUCATIONWORX LTD. SERVICE, INCLUDING BUT NOT LIMITED TO LINKS TO OTHER WEBSITES, WHETHER POSTED OR CAUSED BY USERS, BY EDUCATIONWORX LTD. OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE EDUCATIONWORX LTD. SERVICE. ALTHOUGH EDUCATIONWORX LTD. PROVIDES RULES FOR USER POSTINGS AND CONDUCT, EDUCATIONWORX LTD. IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND/OR VIEWER OF THE EDUCATIONWORX LTD. SERVICE.
9.2 THE SERVICE OF EDUCATIONWORX LTD. MIGHT BE TEMPORARILY UNAVAILABLE FOR THE PURPOSE OF MAINTENANCE OR OTHER REASONS. EDUCATIONWORX LTD. ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS OR CONTENT OF ANY KIND.
9.3 EDUCATIONWORX LTD. IS NOT RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR DELIVERY LINES, COMPUTER ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, THE INTERNET, COMPUTER EQUIPMENT OR PIECES THEREOF, SOFTWARE, FAILURE OF EMAIL OR CLIENTS OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR VIEWERS OR TO ANY OTHER PERSON'S COMPUTER OR OTHER DEVICE RELATED TO OR RESULTING FROM USING OR DOWNLOADING CONTENT IN CONNECTION WITH THE EDUCATIONWORX LTD. WEBSITE.
9.4 THE EDUCATIONWORX LTD. SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE. EDUCATIONWORX LTD. DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT (SEE GOVERNING LAW).
9.5 IN NO EVENT SHALL EDUCATIONWORX LTD., OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING OR CONSULTING THE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OF EDUCATIONWORX LTD.
9.6 IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER EDUCATIONWORX LTD., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE ABOVE MENTIONED PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. EDUCATIONWORX LTD., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL NOT BE LIABLE FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NONE OF THE ABOVE MENTIONED PARTIES WARRANTS OR GUARANTEESTHE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
9.7 YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDUCATIONWORX LTD., INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO THE USER OR ANY OTHER THIRD PARTY, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, RESULTING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY EDUCATIONWORX LTD., ANY PLATFORM APPLICATIONS, CONTENT OR OTHER MATERIALS ON THE WEBSITE, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EMAILED OR TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE EDCUATIONWORX LTD. WEBSITE, ANY WEBSITE LINKED TO OR FROM THE WEBSITES, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT EDUCATIONWORX LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF DATA OR EQUIPMENT AS A RESULT OF YOUR USE OF ANY OF THE WEBSITE, CONTENT, SOFTWARE OR OTHER APPLICATIONS PROVIDED BY EDUCATIONWORX LTD. SERVICES, YOU ASSUME ALL COSTS THEREOF. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THUS THE ABOVE MENTIONED LIMITATIONS MAY NOT APPLY TO YOU, EXCEPT THAT EDUCATIONWORX LTD.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold EDUCATIONWORX LTD., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless with respect to any claims, from losses or other damage, liability, or demand, punitive or consequential damages, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this agreement and/or any laws concerned and/or arising from a breach of these Terms of Use and/or any breach of Your representations and warranties set forth above.
Except as explicitly stated otherwise, any notices shall be given by email to:
support@teachersociety.com
12.1 Nothing herein contained especially not the usage of the Website of any kind, shall be deemed to constitute either of the Parties a joint venture or partner or agent of the other and neither party shall hold itself out contrary to the terms of this provision, by advertising or otherwise, and neither party shall become liable by reason of any representation, act or omission of the other party which is contrary to the provisions hereof.
13.1 German law shall govern this agreement, and the parties hereto agree that the seat of EDUCATIONWORX LTD., Munich, Germany, shall have exclusive jurisdiction over any and all disputes that may occur in relation to this agreement. Before either party may seek recourse under law or under this agreement, the parties hereto shall consult with each other at the seat of EDUCATIONWORX LTD., Munich, Germany, in good faith and endeavor to resolve any difference of opinion or dispute between the parties in connection with this agreement.
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