ESN Terms & Conditions
Please read these terms of use carefully before using this site. If you do not agree with any of the below Terms of Use, please do not use this site. This site is governed by a Privacy Policy which can be found herein. Some sections of the site may have additional privacy practices which are described in detail at those specific locations. eSchool News reviews its Privacy Policies periodically and reserves the right to make revisions at any time. eSchool News encourages everyone to review the Privacy Policies often for changes. Continued use of the site after a change has been added to the policies of the site implies the user's assent to those changes.
COPYRIGHTS, TRADEMARKS, & RESTRICTIONS
TM and © (2009) ESCHOOL NEWS, AND RELATED ENTITIES. ALL RIGHTS RESERVED. ALL MATERIALS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, AND VIDEO CLIPS INCLUDING BUT NOT LIMITED TO TRAILERS, TV SPOTS AND ANY AND ALL AUDIO VISUAL MATERIALS (COLLECTIVELY "THE MATERIAL") ARE PROTECTED BY COPYRIGHT AND TRADEMARK AND SHALL NOT BE USED FOR ANY PURPOSE WHATSOEVER OTHER THAN PRIVATE, NON-COMMERCIAL VIEWING PURPOSES.
REPRODUCTION, DUPLICATION, DISTRIBUTION, DERIVATIVE WORKS, POSTING, AND OTHER UNAUTHORIZED COPYING OR USE OF THE MATERIAL CONTAINED HEREIN IS EXPRESSLY PROHIBITED.
eSchool News grants the user a non-exclusive, non-assignable, and non-transferable license to use and display, for personal and noncommercial use only, one copy of any material that the user may download from this site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the software (collectively "Downloaded Material") provided, however, that the user maintains all copyright and other notices contained in such Downloaded Material. The user acknowledges and agrees not to sublicense, assign, or otherwise transfer this license or the Downloaded Material. The user also agrees not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material.
If the user wishes to license any eSchool News material, including but not limited to, material contained in this site, please contact Nancy David at ndavid@eschoolnews.com
USER'S AGREEMENT AND RULES OF CONDUCT FOR ESCHOOL NEWS SITE
Use and participation in eSchool News internet site is contingent upon the user’s acceptance of the following terms and rules. By using this web site, the user accepts these terms. For purposes of this agreement, "the user" refers to you. "eSN" refers to eSchool News, its parent, subsidiary and affiliated companies.
1. RULES OF CONDUCT:
a. The user shall not post or transmit through eSN any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.
b. The user shall not upload, post or otherwise make available on the eSN site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.
2. SUBMISSIONS POLICY:
Notwithstanding the above, the user hereby waives any and all rights to any stories, ideas, drawings, opinions, and any other creative "materials" posted to the eSN site. The user authorizes eSN to utilize, in any manner it sees fit and for eternity, the materials posted on the site, which shall become the property of eSN. The user releases eSN from any and all claims or liability (now known or hereafter arising) in connection therewith, and agrees to indemnify eSN in connection therewith pursuant to the terms of Paragraph 3 below. The user agrees and acknowledges that participation in the eSN site shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between eSN and the user (other than the contractual relationship between eSN and the user entered into by virtue of the user’s agreement to these Rules of Conduct.)
3. RIGHTS OF ESN / DISCLAIMER OF LIABILITY:
a. eSN is a distributor only (and not a publisher) of eSN User Generated content which is supplied by the user with occasional responses from eSN. eSN shall not be responsible for policing, monitoring, or editing such content, exercises no more editorial control over such content than would a public library, bookstore, newsstand, or other distributor of content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, eSN shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by the users and in order to determine compliance with the foregoing Rules of Conduct. eSN shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of the provisions hereof or which it finds in its sole discretion to be otherwise objectionable for any reason. The opinions expressed in the chat rooms and bulletin boards are not necessarily (and in some cases not at all) those of eSN. eSN is not responsible for any materials provided by users, which are deemed harmful or offensive to others. eSN is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in these sections of the site.
b. eSN makes no warranties, express or implied, as to the content in the eSN site or the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by the users in eSN Chat Rooms and Bulletin Boards are those of such the users only, and eSN neither endorses nor shall be held responsible for the reliability or accuracy of same.
c. eSN is not responsible for the content or practices of third party web sites that may be linked to a eSN site. This site may also be linked to Web sites operated by companies affiliated with eSN. Visitors to those sites should refer to each site’s separate privacy policies and practices.
4. THE USER'S INDEMNIFICATION OBLIGATIONS:
The user agrees to defend, indemnify and hold harmless eSN, its parent, subsidiary and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs and expenses (including attorneys fees) arising out of the user's use of eSN sites, or arising out of any violation of these Rules of Conduct by the user including, without limitation, any communication by the user which is claimed to be defamatory, obscene or otherwise unlawful, which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
5. TERMINATION:
eSN shall have the right to immediately terminate any user's use of the eSN site if eSN determines in its sole discretion that the user has violated the Rules of Conduct set forth herein or otherwise breached this agreement, or has engaged in conduct which eSN determines in its sole discretion to be unacceptable.
6. MISCELLANEOUS:
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws rules. The eSN site contains neither expressed nor implied warranties for use. eSN does not warrant that the site will be without viruses or defects, and eSN is not responsible for any repair or maintenance visitor's system may require as a result of using the eSN site. This site is operated by eSN from its headquarters in Bethesda, Maryland. The users attempting to access this site from other locations do so of their own volition and shall comply with any applicable local laws governing interactive sites.
Terms and Conditions Dated 12-16-08
Mailing Address:
eSchool News
7920 Norfolk Ave
Suite 900
Bethesda, MD 20814