Teacher Voice Terms of Use Agreement
Updated April 11, 2010
Please understand the following terms and conditions regarding your use of the Teacher Voice Web Site constitutes a legally binding agreement between you and Teacher Voice, LLC. In this Agreement, the term "Web Site" includes all web pages within the Teacher Voice Web Site, including both the members' area and non-members' area of the Web Site.
By using this Web Site you understand, acknowledge and agree that you will abide by the terms of this Agreement and that this Agreement will remain in full force and effect as long as you are a user of the Web Site. If you become a Web Site member and your membership is terminated or expires, you will continue to be bound by the terms of this Agreement. If you use the non-members' sections of the Web Site, to include but not limited to School Reviews, Principal Reviews, Superintendent Reviews, Blog, Forum Articles and Information sections and sample reviews you understand, acknowledge and agree that you will abide by the terms of this agreement.
The word "use" in this Agreement, means anytime you, a user, attempt to access, do access, interact with, use or view the Web Site, receive or exchange data or communicate with the Web Site, or in any way interact with any function, service or feature of the Site, for any purpose whatsoever.
Site Registration and Use of User Name and Password
Your user name and password are specifically yours and you may not allow others to use your user name or password for any reason. Teacher Voice, LLC is not liable for any damages caused by or related to the theft of your user name or password, or your permission or authorization of anyone else to use your user name or password. You agree to notify us immediately if you discover or feel there is or could have been any unauthorized use of your user name or password. Upon notice we will deactivate your user name and password and issue a new set of your choice.
Intellectual Property
The contents of this Web Site, including its design, text, images, photographs, illustrations, graphic material, databases, proprietary information and all copyrightable aspects of the Web Site, including, without limitation, the look and feel and layout are the express property of Teacher Voice, LLC and are legally protected, without limitation, under U.S. Federal and State, as well as any and applicable foreign laws, regulations and treaties.
The Teacher Voice Web Site is to be used solely for your noncommercial, non-assignable, non-transferable, non-exclusive, and limited personal use and for no other purposes. You agree that you will not download, transmit, display, print or reproduce anything from the Web Site. You will not, nor will you allow any third party whether or not for your benefit to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party including, without limitation, on or via a third party web site, or otherwise use, any material without the express prior written consent of Teacher Voice, LLC.
Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyright of intellectual property. Should we receive notice that we are infringing on a copyright, we will act quickly to remove content on the Site that infringes on the copyright rights of others.
Conditions of Posting Reviews and Other Submitted Content To The Web Site
All Reviews and Submissions on the Web Site are received from anonymous sources. You do, however, understand, acknowledge and agree that any and all posting to the Web Site are the sole responsibility of the originator of the Posting. This means that you, the Web Site user, and not the Web Site, are completely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Web Site. IP addresses may be recorded to ensure site integrity. Should any information contained in your review or other submitted content allow others to determine that you are the author of a particular review it is your sole responsibility and beyond the control of Teacher Voice, LLC.
When you post to the Teacher Voice Web Site you agree that: You are placing the Posting in the public domain without any rights of further control over the Posting or its use; and, You specifically authorize Teacher Voice, LLC to display such Posting in whole or in part or as part of other information, content and/or material of any kind or nature. Teacher Voice, LLC does not offer monetary or any other type of compensation for material posted to the Web Site.
Site Availability
The Teacher Voice Web Site is made available without any warranty of any kind, express or implied, or any guarantee that the site will be available for use at all times, or that all features will be functioning at all times. There are many factors beyond our control that can cause Web Site crashes and other disruptions to service. Without limiting the foregoing, we are not responsible or liable for any delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, timeliness, completeness and correctness of any and all features and functions of the Site, including, without limitation, Postings and materials associated with your use of the Web Site.
Rules of Conduct
Your use of the Web Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use the Web Site in any manner that attempts to, or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else or effect us adversely or reflect negatively on us or the Web Site.
The Web Site Is A Third Party Venue
Postings to the Web Site do not reflect the views of Teacher Voice, LLC. Teacher Voice, LLC does not endorse, edit or screen Postings, although we reserve the right to do so. Nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall Teacher Voice, LLC be construed to have any responsibility or liability for or in connection with any Posting whatsoever. However, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time to refuse to allow the Postings and/or remove and delete Postings.
Loss or Damages
You understand, acknowledge and agree that, to the fullest extent permissible by law, Teacher Voice LLC, its LLC members, shareholders, advisers, employees, service providers, advertisers, agents and suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Site or from this agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages. Without limiting the foregoing, users, by their use of the site, agree to indemnify and hold Teacher Voice, LLC, its LLC members, shareholders, advisers, employees, service providers, advertisers, agents and suppliers harmless from any claim, cost, fee, fine, damage or liability of any kind, including reasonably attorney’s fees, directly or indirectly arising by reason of their use of the site.
Future Changes to This Agreement and Its Legality
This Agreement, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Web Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. If such changes should take place we will post or display notices of material changes on the Site and may also e-mail you about these changes. Once we post any changes to this agreement on the Web Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. Should changes take place we will note this by posting the date of update.
If you are considering legal action, please note the information below
The people that post to the Web Site do so anonymously. The Supreme Court of the United States has held that anonymity of speech is protected under the First Amendment to the Constitution of the United States. United States' courts recognize the right to speak anonymously on the Internet. When courts have ordered the disclosure of the name of an anonymous user, a litigant must show that its need for identifying information clearly outweighs the user's U.S. constitutional right.
If you question the legality of anonymous postings on the internet please see 47 USC Section 230, which is the federal law that permits many entities to "host" other people's content without being liable for defamation, libel, etc. By its plain language, 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service. For more information see Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997).
What happens when Teacher Voice, LLC deletes inappropriate comments? The answer is that no provider or user of an interactive computer service shall be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
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