"http://www.learningfront.com" is the URL or web address for the LearningFront Online Learning Community ("LF") operated by LearningFront on the World Wide Web of the Internet, consisting of information services and content provided by LearningFront and other third parties. "Member" means each person who completes the LF Website sign-up process and establishes an account for access to and use of the LF Website. By accessing the LF Website, you are certifying that you are least 18 years old, or otherwise are in compliance with Section 10, below.
(A) The TOU, which incorporates by reference other provisions applicable to use of the LF Website, including, but not limited to, supplemental terms and conditions referred to and incorporated by reference herein, governing the use of certain specific material contained in the LF Website, sets forth the terms and conditions that apply to use of the LF Website by each Member. By using the LF Website (other than to read this Agreement for the first time), or registering as a Member, Member agrees to comply with all of the terms and conditions hereof. The right to use the LF Website is personal to Member and is not transferable to any other person or entity. Member is responsible for all use of Member's Account (under any display name, nickname, or password) and for ensuring that all use of Member's account complies fully with the provisions of this TOU. Member shall be responsible for protecting the confidentiality of Member's password(s), if any.
(B) LearningFront shall have the right at any time to change or discontinue any aspect or feature of the LF Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
LearningFront shall have the right at any time to change or modify the terms and conditions applicable to Member's use of the LF Website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the LF Website, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of the LF Website by Member after such notice shall be deemed to constitute acceptance by Member of such changes, modifications, or additions.
Member shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the LF Website and all charges related thereto.
5. Member Conduct
(A) Member shall use the LF Website for lawful purposes only. Member shall not post or transmit through the LF Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without LearningFront's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in LearningFront's sole discretion restricts or inhibits any other Member from using or enjoying the LF Website will not be permitted. Member shall not use the LF Website to advertise or perform any commercial solicitation.
(B) The LF Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. Except as expressly provided by the copyright holder and the terms of the applicable license, Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as expressly permitted in the applicable license, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material, except as otherwise stated in the applicable license.
(C) All contributions made by a Member to the LF Website shall be subject to this TOU. Members shall not upload, post, or otherwise make available on the LF Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and hereby agrees to indemnify, defend, and hold harmless LearningFront for any and all claims, liabilities, damages, and expenses arising from such infringement, including, but not limited to attorneys' fees.
(D) The foregoing provisions of Section 5 are for the benefit of LearningFront, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) MEMBER EXPRESSLY AGREES THAT USE OF THE LF WEBSITE IS AT MEMBER'S SOLE RISK. NEITHER LEARNINGFRONT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE LF WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LF WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE LF WEBSITE.
(B) THE LF WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT LEARNINGFRONT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
(D) IN NO EVENT WILL LEARNINGFRONT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LF WEBSITE. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE LF WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LEARNINGFRONT, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE LF WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING 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.
LearningFront shall have the right, but not the obligation, to monitor the content of the LF Website to determine compliance with this TOU, the EPA, and any operating rules established by LearningFront and to satisfy any law, regulation, or authorized government request. LearningFront shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on LearningFront. Without limiting the foregoing, LearningFront shall have the right to remove any material that LearningFront, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Member agrees to defend, indemnify, and hold harmless LearningFront, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the LF website by Member or Member's account.
Either LearningFront or Member may terminate this TOU at any time. Without limiting the foregoing, LearningFront shall have the right to immediately terminate Member's account in the event of any conduct by Member which LearningFront, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this TOU. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, and this Section 9 shall survive termination of this TOU.
10. Involvement of Children
The LF Website provides information services and content to adults aged 18 and above. Therefore, LearningFront does not collect any information from children because they are not the intended audience of the LF Website; entice children, by the prospect of a special game, prize or other activity, to provide information necessary to participate in the LF Website; or share any personal information about children with third parties. If LearningFront discovers that content is being contributed by a party under the age of 18, LearningFront will take action to rectify the situation, ensuring that the rights and protections of all licenses are managed appropriately. This may require removing content from the LF Website.
12. Third Party Content
LearningFront is a distributor (and not a publisher) of content supplied by third parties and Members. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Members, or any other user of the LearningFront Website, are those of the respective author(s) or distributor(s) and not of LearningFront. Neither LearningFront nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through LearningFront represents the opinions and judgments of the respective information provider, Member, or other user not under contract with LearningFront. LearningFront neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the LF Website by anyone other than authorized LearningFront employee spokespersons while acting in their official capacities. Under no circumstances will LearningFront be liable for any loss or damage caused by a Member's reliance on information obtained through LearningFront. It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through LearningFront. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Trademark Notice. LearningFront (design and word), TaskBuilder (design and word), TaskBuilderOnline (design and word), eLearningTeacher.com (design and word), eLearningDeveloper (design and word), LearningLayouts (design and word), WikiTask (design and word), Wyzygy (design and word), LearningFront logos, and the unique trade dress of eLearningTeacher.com, TaskBuilderOnline, WikiTasks, and Wyzygy are the trademarks, service marks, trade dress, and logos of LearningFront. All other trademarks, service marks, trade dress, and logos used in the LF Website and the services are the trademarks, service marks, trade dress, and logos of their respective owners.
15. Copyrights and Copyright Agent
LearningFront respects the rights of all copyright holders and in this regard, LearningFront has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LearningFront's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(D) Information reasonably sufficient to permit us to contact the complaining party;
(E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
309 Wickersham Way
Cockeysville, MD 21030