Copyright Educational CyberPlayGround, Inc. ®
*TERMS AND CONDITIONS OF USE*
This web site and the materials and information on this web site are provided by The Educational CyberPlayGround, Inc.® and may be used for informational purposes only. There are underlying copyright interests in the various works of authorship associated with this trademark. These copyright and trademark interests may not be reproduced and redistributed, with or without alteration in whole or in part, unless prior written permission provided by Educational CyberPlayGround, Inc.®
The Educational CyberPlayGround, Inc.® Website is protected by U.S. and international copyright law serial number 85188868. The content herein is copyrighted both individually and as a collective work. All Rights Reserved Worldwide.
"The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web Site are registered and unregistered trademarks of its affiliates and others. Nothing contained on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of or such third party that may own the trademark displayed on this Web Site. Your misuse of the Trademarks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited."
By using the Educational CyberPlayGround, Inc.® website you have read and accept these terms and conditions and agree to be bound by these terms and conditions. If you do not agree then you may not use this web site, link to this website or download any materials from this web site.
2017 Federal court finds online agreements are binding
The U.S. 2nd Circuit Court of Appeals found that online ’Terms of Service’ Agreements Federal are binding, regardless of whether customers read or understand them.
Furthermore, by using this web site, you represent that:
- You have the capacity to be bound by these terms and conditions and
- if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
Online agreements are the subject of a federal law called the Electronic Signatures in Global and National Commerce ("E-SIGN") and state statutes based on the Uniform Electronic Transactions Act ("UETA"). Essentially, these statutes provide that online agreements will not be denied enforcement merely because they are electronic. Note that this is being made clear to you that you are taking an action by being on this site and that manifests assent, you are binding yourself to these contractual terms.
Everyone Including Professors,
Intellectual Propriety Rights
Laws apply to Professors, Students and Teachers exactly the same way as anyone else.
Use for profit, web, or print publication is reserved, restricted, and requires prior arrangements and approval.
TO USE INFORMATION ON ECP FILL OUT THE PERMISSION FORM
HOW TO CITE the Educational CyberPlayGround, Inc. ®
You may Download one (1) copy of the materials from the Educational CyberPlayGround, Inc.® on a single computer, only for your own personal, noncommercial, internal use.
The content may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without permission from the Educational CyberPlayGround ® Downloads are for personal use only, not for commercial use or resale to others.
You may not make or redistribute static copies (whether print or online) without the express permission from Edu-Cyberpg.com
aka The Educational CyberPlayGround, Inc. ®
aka Educational CyberPlayGround
and put this content on another site or submit them to search engines. This is stealing and copyright infringement, these activities are illegal.
This web site and its entire contents are for personal use only and may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without prior written permission. Other legal restrictions may apply even though unstated.
Permission is limited to nonprofit use of this material provided the source is credited, the original material is not changed, and this notice is included or linked.
Except for personal use or brief quotations in a review, no material contained on the Educational CyberPlayGround, Inc. site may be copied, cached, duplicated, or reprinted by any electronic or physical means whatsoever, without the express Written Permission.
All Users/Subscribers of Cul De Sac Online Curricula ™ agree to:
Educational CyberPlayGround, Inc.® Cul De Sac Online Curriculum™ Subscriber/User Agreement.
This is an agreement between you (hereinafter "LICENSEE") and The Educational CyberPlayGround, Inc. ®, its successors and assigns (hereinafter "LICENSOR")
ANY PERSON SUBSCRIBING TO and using The Educational CyberPlayGround, Inc. ® WEB SITE and the following areas Cul De Sac Online Curriculum ™ AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
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 Inc.®, Cul De Sac Online CurriculumTM 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, Inc.'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, Inc.® Cul De Sac Online Curriculum™ site or the owner of the intellectual property involved, is strictly prohibited.
2. External Links:
Educational CyberPlayGround, Inc.® 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, Inc. 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 Inc.® 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 Inc. ® web site allows for the exchange of information between subscriber/user and the Educational CyberPlayGround Inc. ® The following areas Cul De Sac Online Curriculum ™ site, and the Subscriber/User expressly grants Educational CyberPlayGround Inc.® 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 Inc.®. 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 Inc. ® Cul De Sac Online Curriculum™ site endeavors to keep information available on the Educational CyberPlayGround Inc.® Cul De Sac Online Curriculum™ site accurate. However, Educational CyberPlayGround Inc.™ 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 Inc.® Cul De Sac Online Curriculum™ site is at the sole risk of the Subscriber/User.
The Educational CyberPlayGround Inc.® 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 Inc.® Cul De Sac Online Curriculum™ web site and waives all claims against Educational CyberPlayGround Inc.® Cul De Sac Online Curriculum™ site that may arise from utilization of this site. Further, Educational CyberPlayGround Inc.® 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.
Subscriber/User agrees to indemnify, defend, and hold Educational CyberPlayGround Inc.® 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 Inc.® Cul De Sac Online Curriculum Inc.™ 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 Inc.® site and Cul De Sac Online Curriculum™ site.
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.
Furthermore, by using this web site, you represent that:
You have the capacity to be bound by these terms and conditions and if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
10. CONTRACT: Choice of Law:
This Subscriber/User Cointract 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
You May Not Pirate
Professors and Librarians must use E- RESERVE annual copyright license to Cache and Display content on Electronic Reserve.
- Pirating and Publishing content from this website onto your website is prohibited. You may only link to content. Logs are reviewed daily.
- Modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental.
- Decompile, reverse engineer, or disassemble software materials
- Remove any copyright notice or other proprietary notices from the Materials, or transfer the materials to another person.
- FRAME OR INVISIBLY FRAME ANY CONTENT ON THE Educational CyberPlayGround and pass it off as your own.
- CACHE or FRAME any content The Educational CyberPlayGround Inc.® and pass it off as your own.
- Showing these pages remotely through frames is not permitted.
- Unless otherwise noted, ALL CONTENT found on the Educational CyberPlayGround Inc.® web site is for personal use only. Duplications are prohibited unless permission is granted expressly.
You may not deep link to the information on the Educational CyberPlayGround ® or that of others and try to present it in a way that consumers might be tricked into thinking that it is your own content.
You cannot steal bandwith by showing Educational CyberPlayGround Inc.® images or playing Educational CyberPlayGround Inc.® music on your page and pass it off as your own content.
Do Not Spam
Pursuant to US Code, Title 47, Chapter 5, Subchapter II, Sec. 227, any and all nonsolicited commercial E-mail sent to this address is subject to a download and archival fee in the amount of $500 US. E-mailing denotes acceptance of these terms.
The federal government's Sentencing Commission recently voted to stiffen punishment for various copyright and identity theft violations. Counterfeiting and piracy on the Internet can result in a 10-month to 16-month prison sentence, regardless of whether the violator is attempting to turn a profit. The punishment for stealing electronic property, such as songs and writing samples, is calculated by multiplying the value of the item stolen by the number of people who download it. The greater the value, the longer the prison sentence, although the maximum penalty for a first-time offender is three years. Identity theft violations also carry a 10-month to 16-month sentence for first-time offenders, but the punishment will increase if a bogus identification is used to get other phony identification; those who have more than five fake IDs also face stiffer penalties. Increased penalties for copyright violations will begin on May 1, and those for identity theft will be effective on Nov. 1. (Washington Times, 5 April 2000)
Ownership of Materials
Except as otherwise indicated, this web site and its entire contents (collectively, the "Materials"), including, but not limited to, the text, information, material, software and graphics contained on this web site, are owned by The Educational CyberPlayGround Inc ®. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. The Educational CyberPlayGround Inc ® makes no proprietary claim to any third party names, trademarks or service marks appearing on this web site. Any third party names, trademarks, and service marks are the properties of their respective owners.
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. The MediaCommons fair use statement reads as follows: MediaCommons is a strong advocate for the right of media scholars to quote from the materials they analyze, as protected by the principle of "fair use." If such quotation is necessary to a scholar's argument, if the quotation serves to support a scholar's original analysis or pedagogical purpose, and if the quotation does not harm the market value of the original text -- but rather, and on the contrary, enhances it -- we must defend the scholar's right to quote from the media texts under study. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who are using information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
By posting a message or contributing in anyway to this web site, including, but not limited to, sending comments and email, to this web site, you expressly grant The Educational CyberPlayGround Inc.® the right to use in any way, copy, or republish your message or other contribution as part of its property. The Educational CyberPlayGround Inc.® reserves the right to change, update, discontinue, or restrict or prevent access to this web site or the Materials at any time without notice.
Disclaimer and Limitation on Liability
BY USING THIS WEB SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERNET GENERALLY. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE EDUCATIONAL CYBERPLAYGROUND, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEB SITE, EVEN IF THE EDUCATIONAL CYBERPLAYGROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This web site is intended to assist readers by providing research and editorial information. The Educational CyberPlayGround Inc.® will not be responsible for any errors or omissions in the Materials or information provided on this Web Site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this web site or in a hyperlinked site. Educational CyberPlayGround Inc.® thoughts shared on this site do not constitute legal advice.
This web site provides the following Tweets, Blog, Mailing Lists, School Directory, and Folksong Repository as means for the public to contribute information and make statements.
- K12 School Master Directory™ ©1993
- NetHappenings Mailing List™ ©1989
- Diversity University Collaboratory™ ISSN: 1529-7861 ©1998
- Cul De Sac Mailng List™ ISSN: 1531-7196 ©2000
- CreoleTALK Mailing List™ ©2002
- NetHappenings NewsLetter™ ©2004
- Network Newsletters Mailing List™ ©2004
- K12 Newsletters Mailing List™ ©2004
- National Children's Folksong Repository™ ©2004
- Educational CyberPlayGround Blog ©2007
- Educational CyberPlayGround Twitter @cyberplayground©2009
The Educational CyberPlayGround Inc.® does not make any endorsements of these statements nor representations that the statements are true and accurate. You should be cautious when acting on information provided by contributors. You should not rely upon the information and opinions of Diversity University Collaboratory™, Cul De Sac™, CreoLIST™, Net-Happenings™, K-12 Newsletters™, Network Newsletters™ mailing list messages.
The electronic messages that appear on these lists are for informational purposes only. Messages that contain legal advice is not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction. Information contained on these lists may or may not reflect the most current legal developments.
The Educational CyberPlayGround Inc.® suggests you use the information on this web site as a starting point for doing independent research on the subjects contained on this web site.
Links to Third Party Sites:
This web site contains links to third party sites. These links are provided for convenience purposes and are not under the control of The Educational CyberPlayGround Inc.®.
The Educational CyberPlayGround Inc.® does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by The Educational CyberPlayGround Inc.® with respect to any third party, any third party's web site, the content of any third party's web site, the third party's graphics, or any products or services provided by a third party. Resource links have not been checked for alignment with any State Content Standards. The contents on links change continously, so teachers must review links for their appropriateness to their district's standards, Curriculum and classroom use.
Please request removal of copyright infringments.
Use this template to request removal of copyright infringments. Simply substitute everything in [brackets] with the necessary information. Then send the request and we will remove the infringing content as soon as possible. Please include a direct link (URL) to each and every infringing document that you want us to remove. We cannot action nonspecific claims based on keywords, search queries, title, name, or resemblance (physical or otherwise) to another document. This request only applies to infringing documents up to the date of its submission. It does not cover possible future infringements.
This website is in compliance with 17 U.S.C. 512 and the Digital Millennium Copyright Act (DMCA). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
What to do if I want you to remove certain content from this site?
These removal requests are only valid if:
You are, or your company is, the copyright holder of the content in question
You provide the exact links to the content.
You provide the complete name(s) of the content in question.
You provide complete contact information (including the name of the contact person), not a general mail address.
Use Your company email not free email (ex: gmail.com, yahoo.com ... etc.)
If your request complies with all of above information, click here to contact us.
We inform you that due to search engine casching content we will not guarantee that all content will be deleted from the internet.
Please send us CLICKABLE direct links to each publication that contains your material on this site.
Only in this case we can guarantee removal of all content. Please allow 3-5 business days for an email response.
Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due the complaint not properly being filed.
SAMPLE DMCA TAKEDOWN NOTICE
Attn: Educational CyberPlayGround Inc.
Pursuant to 17 USC 512(c)(3)(A), this communication serves as a statement that:
I am [the exclusive rights holder | the duly authorized representative of the exclusive rights holder] for [title of copyrighted material being infringed upon, and, if possible, additional identifying information such as ISBNs, publication dates, etc — or, if the material is a web page, the URL];
These exclusive rights are being violated by material available upon your site at the following URL(s): [URLs of infringing material];
I have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder, the copyright holder's agent, or the law;
Under penalty of perjury in a United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question;
I may be contacted by the following methods (include all): [physical address, telephone number, and email address];
I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible. Thank you.
[your full legal name]
Governing Law and Jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the laws of the United States of America and the State of Pennsylvania, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of Pennsylvania.