Terms of Use Agreement Educational CyberPlayGround™ Cul De Sac Online Curriculum Subscriber/User Agreement.
This is an agreement between you (hereinafter "LICENSEE") and The Educational CyberPlayGround™, its successors and assigns (hereinafter "LICENSOR") ANY PERSON SUBSCRIBING TO and using THE Educational CyberPlayGround™ Cul De Sac Online Curriculum and WEB SITE AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
1. Copyright:
All materials published on this site (including but not limited to images, text, illustrations and audio clips) are protected by the copyright laws of the United States or other jurisdictions and are owned or controlled by the Educational CyberPlayGround™, Educational CyberPlayGround™ Cul De Sac Online Curriculum site or third party providers of the materials. The materials are provided solely for the personal noncommercial use of registered subscriber/users of the Educational CyberPlayGround's Cul De Sac Area of Online Curriculum. Any copying, further distribution, commercial use or nonpersonal use of the images, texts, programs or other materials found in this site, without the express written consent of the Educational CyberPlayGround™ Cul De Sac Online Curriculum site or the owner of the intellectual property involved, is strictly prohibited.
2. External Links:
Educational CyberPlayGround™ Cul De Sac Online Curriculum site contains hyperlinks that will let you access other World Wide Web sites. These sites are not under the control of the Educational CyberPlayGround™ Cul De Sac Online Curriculum site, and assumes no responsibility or liability for any material that may reside in any external web site. Educational CyberPlayGround™ Cul De Sac Online Curriculum site does not make any representations regarding the quality of any product or service contained at any such site.
3. Content Submission:
Certain areas of the Educational CyberPlayGround™ Cul De Sac Online Curriculum web site allows for the exchange of information between subscriber/user and the web site and Educational CyberPlayGround™ Cul De Sac Online Curriculum site, and the Subscriber/User expressly grants Educational CyberPlayGround™ Cul De Sac Online Curriculum site the authority and right to use that content in any way. All intellectual property created hereunder is the sole property of The Educational CyberPlayGround™. Licensee hereby disclaims all such rights in all intellectual property created hereunder. There is no intent to create any "joint works" and the parties are not "joint authors."
4. Accuracy of Information:
Educational CyberPlayGround™ Cul De Sac Online Curriculum site endeavors to keep information available on the Educational CyberPlayGround™ Cul De Sac Online Curriculum site accurate. However, Educational CyberPlayGround™ Cul De Sac Online Curriculum site makes no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the opinions, data and/or information available. User acknowledges that any reliance upon such opinions, data and/or information obtained from or through Educational CyberPlayGround™ Cul De Sac Online Curriculum site is at the sole risk of the Subscriber/User.
5. Disclaimer:
The Educational CyberPlayGround™ Cul De Sac Online Curriculum site services and all downloadable software are offered on an "as is" basis, without warranties of any kind, either express or implied. The Subscriber/User assumes all responsibility for use of the Educational CyberPlayGround™ Cul De Sac Online Curriculum web site and waives all claims against Educational CyberPlayGround™ Cul De Sac Online Curriculum site that may arise from utilization of this site. Further, Educational CyberPlayGround™ Cul De Sac Online Curriculum site shall in no event be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages resulting from or caused by this web site or its content, including without limitation from Subscriber/User's use or inability to use the site, delays in operation or transmission, communications line failure, or any error or omissions in content.
7. Indemnity:
Subscriber/User agrees to indemnify, defend, and hold Educational CyberPlayGround™ Cul De Sac Online Curriculum site, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach of the Subscriber/User Agreement by Subscriber/User or any user of Subscriber/User's account. The prevailing party shall be entitled to recover all costs and expenses, including but not limited to reasonable attorneys' fees, which costs and reasonable attorneys' fees shall be included as part of any judgement rendered in such action in addition to any other relief to which the prevailing party may be entitled.
8. Abuse of Services:
Subscriber/User agrees that he/she will not, in any way, modify, move, add to, delete or otherwise tamper with the information contained in Educational CyberPlayGround™ Cul De Sac Online Curriculum site, nor will Subscriber/User decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in Educational CyberPlayGround™ Cul De Sac Online Curriculum site.
9. General:
In the event that any term, condition, or provision of this Agreement is determined for any reason to be unlawful, invalid, void or unenforceable, it will not affect any other portion of this Agreement. in any respect in any jurisdiction. This Agreement may not be modified, changed, discharged or terminated except by an instrument, in writing, signed by the party against whom enforcement of any modification, change, discharge or termination is sought. A signed writing means one that is actually signed by a party. Digital communications, whether electronic mail or other digital communication, originating from a party does not constitute a signed writing for the purposes of this Agreement.
10. Choice of Law:
This This Subscriber/User Agreement is deemed to be entered into and performed in the State of Pennsylvania and is governed by and construed in accordance with the laws of that state. Venue for any claim or dispute arising out of this Agreement shall be in Montgomery County, PA USA
