Please read these terms of use carefully before you apply for membership to gain access to use Classwire. By using Classwire, you agree to these terms of use. If you do not agree to these terms of use, you should not use Classwire. General
Classwire is intended primarily for use in promoting and facilitating the use of the World Wide Web in higher education. You agree to use Classwire for lawful purposes in accordance with these purposes only. All users, whether educators or students, will be asked to agree to the same terms of use to gain access to Classwire
- Classwire is owned and operated by Chalkfree, Inc. Chalkfree may, on occasion, change, add or discontinue features available through Classwire, including its content. We will endeavor to give you reasonable advance notice of any such changes through your Classwire account only and to ensure that we not disrupt the content and functionality of your current Classwire classes.
- Your access to the site, other than to any portions open to the public, is controlled by your individual password and/or additional passwords provided to you by publishers and other third party vendors in Classwire. You may not share your passwords with anyone else or permit your passwords to be used to provide anyone else with access to non-public portions of the site or their content.
We have established some general rules of behavior for the use of Classwire. You agree to these following basic rules designed to maintain Classwire as an academically appropriate, courteous and legally permissible place:
- You may not impersonate another user.
- You may not interfere with other user's use and enjoyment of Classwire (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity);
- You may not use Classwire to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
- You must immediately inform us if you have reason to believe that another user is infringing any copyrights or other proprietary materials;
- You may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that is pornographic, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, that is in violation of applicable laws, or that is used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities;
- You may not post or transmit through Classwire any material that contains advertising or any solicitation with respect to products or services without our express approval. You may not use Classwire to advertise or perform any commercial solicitation. You agree that we have the right (but we do not assume the responsibility) to remove any material or transmissions brought to our attention which we deem detrimental to Chalkfree, Inc. or any person.
Use of Copyrighted and Other Materials in Chalkfree
Classwire contains copyrighted material, trademarks and other proprietary information, including, text, software, photos, video, graphics, music and sound, and the contents of Classwire are copyrighted under the United States copyright laws. You agree not to modify, publish, transmit, display, 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 the features of Classwire and your access privileges allow. You also agree not to copy, redistribute, retransmit, publish or commercially exploit any downloaded material without the express, written permission of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material.
You agree not to upload, post or otherwise make available on Classwire 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 you. You agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
You agree that by uploading, posting, or making available in any way any material to public areas of this site, you thereby grant and warrant that the owner of any such material has expressly granted us the royalty-free, worldwide, non-exclusive right and license to use, reproduce, publish, display, and distribute such material (in whole or in part) within Classwire. You also permit the users you grant access privileges to access, view, store or reproduce the material for that user's personal and educational use.
Third Party Content
Chalkfree is a distributor (and not a publisher) of any features, contributions or content supplied by third party vendors and users to Classwire. We have no more editorial control over such content than does a public library, book store or newsstand. As such, we are not responsible for screening, policing, editing or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive material, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of such material from Classwire. If Chalkfree elects to perform (or not to perform) any such activities, we shall be held harmless from all claims so long as we act in good faith.
Disclaimer of Warranty; Limitation of Liability.
CLASSWIRE IS PROVIDED "AS IS" 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. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
IN NO EVENT WILL CHALKFREE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CLASSWIRE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE.
THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND CLASSWIRE WOULD NOT BE PROVIDED TO MEMBER ABSENT SUCH LIMITATIONS. SOME STATE LAWS MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THESE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CHALKFREE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR IN CLASSWIRE IS DISCLAIMED.
CHALKFREE, INC. IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM CHALKFREE, INC. DELETING A MEMBER PROFILE OR FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER REASONS.
Indemnification
You agree to defend, indemnify and hold harmless Chalkfree and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses expense (including attorneys' reasonable fees) related to (i) your violation of this Agreement, and (ii) your posting of material to Classwire.
Trademarks
Chalkfree, Classwire, chalkfree.com and classwire.com, along with all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Chalkfree, Inc. All rights reserved. All other trademarks appearing on Classwire are the property of their respective owners.
Relationship of Parties
Nothing in these Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on Chalkfree's behalf and you agree that you will not make any statement that will contradict anything in this section. This Agreement will not create an exclusive relationship between you and Chalkfree, Inc.
Changed Terms
Chalkfree has the right at any time to change or modify these Terms of Use applicable to use of the site, 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 any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of Classwire by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
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