{"id":3257,"date":"2014-05-08T16:11:18","date_gmt":"2014-05-08T16:11:18","guid":{"rendered":"http:\/\/loc.educatorinnovator.org\/?page_id=3257"},"modified":"2014-06-05T17:05:49","modified_gmt":"2014-06-05T17:05:49","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/educatorinnovator.org\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"

Please email us at educatorinnovator@nwp.org<\/a> if you have any questions or concerns about any of the following:<\/p>\n

    \n
  1. \n
    Acceptance of Terms<\/h5>\n

    Please read these Terms of Use and Educator Innovator’s Privacy Policy carefully. By using the Site and\/or Services, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of information, Products, Services, or Content from the Site.<\/li>\n

  2. \n
    Licensing of Content<\/h5>\n

    Educator Innovator has adopted a Creative Commons Attribution-Sharealike 4.0 International license<\/a> in order to better support creative sharing and distribution of content.<\/li>\n

  3. \n
    Trademark<\/h5>\n

    Educator Innovator and Educator Innovator logos, including the lightbulb only logo, are the trademarks, service marks and trade dress of Educator Innovator. Partner organizations and individuals hosting Educator Innovator-related events may use the logo for promotion, being sure not to distort or change it in any way. The logo may be sized to fit as needed. All other trademarks, service marks, trade names, and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Educator Innovator or their respective owners. Please refer to the Terms of Use of our partner organizations for guidelines regarding their logos. You may not remove or otherwise modify any trademark notices from any Content received through the Site.<\/li>\n

  4. \n
    User Content<\/h5>\n

    By submitting, uploading, or posting User Content to the Site, you represent and warrant that you have all necessary and appropriate rights in and to such User Content, and you hereby grant Educator Innovator the right to use, copy, distribute, disseminate, publish, display, transmit, modify, translate, reformat, and create derivate works of such User Content in any format and any medium, and publish your screen name in connection with your User Content. You acknowledge and agree that User Content submitted by you is not confidential or proprietary and that you are not entitled to receive any compensation for any User Content submitted in connection herewith.<\/li>\n

  5. \n
    Newsletter<\/h5>\n

    By subscribing to Educator Innovator, you opt-in to receive periodic newsletters from Educator Innovator, and you may unsubscribe from the newsletter at any time.<\/li>\n

  6. \n
    Use and Restrictions<\/h5>\n
      \n
    1. access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;<\/li>\n
    2. submit, display, or transmit any User Content, or any content via the systems or services on which the Site are hosted, in violation of any intellectual property or other proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules, and regulations;<\/li>\n
    3. submit, display, transmit or upload any images, photographs, graphics, links, audio files, video files, or similar Content that exceed Educator Innovator’s capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit;<\/li>\n
    4. submit, display, transmit or upload any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;<\/li>\n
    5. forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site;<\/li>\n
    6. use the Site and\/or the Services to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;<\/li>\n
    7. submit, transmit, upload, publish, post, display, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful Content;<\/li>\n
    8. offer, sell, broker, purchase, or seek any unethical, profane, obscene, indecent, unlawful, terroristic, violent, or hateful services;<\/li>\n
    9. collect, store, publish, post, sell, transmit, or disclose personal data about other Members or users of the Site unless authorized to do so;<\/li>\n
    10. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or<\/li>\n
    11. restrict or prevent any other Member or other user of the Site from using the Site and\/or the Services;<\/li>\n
    12. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Educator Innovator (including, but not limited to, images, text, page layout, and\/or form);<\/li>\n
    13. use any meta tags or any other “hidden text” utilizing Educator Innovator’s name or trademarks.<\/li>\n<\/ol>\n<\/li>\n
    14. \n
      Monitoring<\/h5>\n

      Educator Innovator has no obligation to monitor the Site. However, Educator Innovator reserves the right to review any User Content, and remove, delete, redact, or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. Educator Innovator has no obligation to display or post any User Content. Educator Innovator reserves the right to disclose, at any time and from time to time, any information or User Content that Educator Innovator deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process, or government request.<\/li>\n

    15. \n
      Modifications<\/h5>\n

      As noted above, Educator Innovator reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use, and your continued use of the Site, the Products, and\/or the Services after such modifications, alterations, or updates signifies your agreement to be bound by such modifications, alterations, or updates. Educator Innovator may also, directly or indirectly, make improvements and\/or changes in the Site, the Products, and\/or the Services or any portion thereof at any time without notice or obligation to you.<\/p>\n

      Any Content, Products, Services, prices, specifications, designs, conditions, or product descriptions offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Educator Innovator reserves the right, at its sole discretion, to charge fees for the use or purchase of, or access to, any Services, Products, or Content offered through the Site, at any time and from time to time, regardless of whether such Services, Products, or Content were previously offered at no charge.<\/li>\n

    16. \n
      Confidentiality<\/h5>\n

      You acknowledge and agree that if you have an account, any user name, login code, identifier or password (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Site or the Services using such Password. You acknowledge and agree that you are responsible for any use of and any activities that occur under your username, user ID, login name, and\/or Password, including any fees incurred. You agree to notify Educator Innovator immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Educator Innovator.<\/p>\n

      Educator Innovator cannot be responsible for, and disclaims all liability in connection with, the use of any information that you submit, post, or display on the Site. You should use caution when posting any information, including personally identifiable information, to the Site.<\/li>\n

    17. \n
      Warranties and Disclaimer<\/h5>\n

      Except as expressly provided by the applicable additional terms, the site and any content, products, and services contained on the site, including links, are provided on an “as is” basis with no warranty of any kind. To the maximum extent permitted by law, Educator Innovator disclaims all representations and warranties, express or implied, with respect to the site, the content, the products, and the services, including, without limitation, warranties of merchant ability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses or other malicious or unauthorized code or programs, and implied warranties arising from the course of dealing or course of performance. In addition, Educator Innovator does not represent or warrant that the information accessible via the site is accurate, complete, or current and Educator Innovator makes no representations with respect to availability, reliability or security of the site, service or products. As a condition of your use of the site, you warrant to Educator Innovator that you will not use the site for any purpose that is unlawful or prohibited by these terms of use.<\/li>\n

    18. \n
      Limitation of Liability<\/h5>\n

      Educator Innovator and its officers, directors, employees, agents, suppliers, licensors, and third-party partners will not be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, whether or not Educator Innovator has been previously advised of the possibility of such damages, whether in an action under contract, tort, or any other theory, arising out of or in connection with any errors or omissions; viruses or other malicious or unauthorized code or programs; the use, inability to use, or performance of the site or the content, products, or services available from the site; or any loss, business interruption, or other damages in connection therewith. Without limiting the foregoing, Educator Innovator’s liability in connection with the site, the content, the products, the services, or these terms of use shall be limited to the amount paid for the site, the content, the products, or the services giving rise to the claim. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.<\/li>\n

    19. \n
      Indemnification<\/h5>\n

      You agree to indemnify, defend, and hold harmless Educator Innovator and its officers, directors, employees, agents, suppliers, licensors, and third-party partners from and against all claims, losses, liabilities, expenses, damages, and costs (collectively, “Damages”), including reasonable attorney fees, resulting from: (a) any violation by you of these Terms of Use or any applicable Additional Terms, and (b) any User Content provided by you.<\/li>\n

    20. \n
      Dispute Resolution<\/h5>\n

      If any controversy, dispute, or claim arising out of or related to your use of the Site, the Services or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Educator Innovator will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer, or sale of the Site, the Products, the Services, the Marks, and\/or the Content.<\/li>\n

    21. \n
      Governing Law<\/h5>\n

      Except as provided in the second sentence of Section 13, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings initiated in connection with the Site, the Services and\/or the Content must and will be venued exclusively in Berkeley, California, USA. These Terms of Use and the relationship between you and Educator Innovator will be governed by the laws of California, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.<\/li>\n

    22. \n
      Miscellaneous<\/h5>\n

      If any provision of these Terms of Use or of any Additional Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use or the applicable Additional Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Educator Innovator as a result of these Terms of Use, any Additional Terms, our Privacy Policy, or your use of the Site, the Products, and\/or the Services. Educator Innovator’s performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any Additional Terms, or our Privacy Policy is in derogation of Educator Innovator’s right to comply with law enforcement requests or requirements relating to your use of the Site or to information provided to or gathered by Educator Innovator with respect to such use. These Terms of Use, the Privacy Policy, and any Additional Terms constitute the entire agreement between you and Educator Innovator with respect to the Site, the Products, and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Educator Innovator with respect to the Site, the Products, and the Services. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, the Services, the Products, or any Content, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration, or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

      Please email us at educatorinnovator@nwp.org if you have any questions or concerns about any of the following: Acceptance of Terms Please read these Terms of Use and Educator Innovator’s Privacy Policy carefully. By using the Site and\/or Services, you agree to these Terms of Use, and you consent to the collection and use of information […]<\/p>\n","protected":false},"author":43,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":[],"acf":[],"_links":{"self":[{"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/pages\/3257"}],"collection":[{"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/users\/43"}],"replies":[{"embeddable":true,"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/comments?post=3257"}],"version-history":[{"count":8,"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/pages\/3257\/revisions"}],"predecessor-version":[{"id":3670,"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/pages\/3257\/revisions\/3670"}],"wp:attachment":[{"href":"https:\/\/educatorinnovator.org\/wp-json\/wp\/v2\/media?parent=3257"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}