2. INTELLECTUAL PROPERTY INFORMATION
2.1 With the exception of “Third Party Submissions” (defined below), all content on the 1000BooksBeforeKindergarten.org website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to 1000 Books Foundation. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through 1000BooksBeforeKindergarten.org is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
2.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of 1000 Books Foundation.
2.3 You further agree not to reproduce, duplicate or copy Content from 1000BooksBeforeKindergarten.org without the express written consent of 1000 Books Foundation, and agree to abide by any and all copyright and other legal notices displayed on 1000BooksBeforeKindergarten.org. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in 1000BooksBeforeKindergarten.org. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of 1000BooksBeforeKindergarten.org.
3. WARRANTY DISCLAIMER
3.1 THIS SITE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
3.2 1000 BOOKS FOUNDATION, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
3.3 Although 1000 Books Foundation attempts to ensure the integrity and accurateness of 1000BooksBeforeKindergarten.org, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that 1000BooksBeforeKindergarten.org could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform 1000BooksBeforeKindergarten.org so that it can be corrected.
4. WEBSITE ACCESS
4.1 1000 Books Foundation grants you a limited, revocable, nonexclusive license to access 1000BooksBeforeKindergarten.org for your own personal use.
4.2 In order to access some features of 1000BooksBeforeKindergarten.org, you will have to create an account. You may never use another’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 1000 Books Foundation immediately of any breach of security or unauthorized use of your account. Although 1000 Books Foundation will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 1000 Books Foundation or others due to such unauthorized use.
4.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers” that accesses 1000BooksBeforeKindergarten.org. You agree not to collect or harvest any personally identifiable information, including account names, from 1000BooksBeforeKindergarten.org, nor to use the communication systems provided by 1000BooksBeforeKindergarten.org for any commercial solicitation or illegal or improper purposes.
4.4 Notwithstanding the foregoing, 1000 Books Foundation grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. 1000 Books Foundation reserves the right to revoke these exceptions either generally or in specific cases.
5. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES
5.1 The 1000BooksBeforeKindergarten.org website may permit the submission of text, photographs, audio, video, or other content submitted by you and other third parties such as our partners (“Third Party Submission(s)”) and the hosting, sharing, and/or publishing of such Third Party Submissions.
5.2 Third Party Submissions include, but are not limited to, classified ads, photograph submissions, profile submissions, and any other interactive area of 1000BooksBeforeKindergarten.org.
5.3 By posting, submitting or uploading a Third Party Submission to any area of 1000BooksBeforeKindergarten.org, you automatically grant, and you represent and warrant that you have the right to grant, to 1000 Books Foundation an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to 1000BooksBeforeKindergarten.org, you automatically grant 1000 Books Foundation all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.
5.4 You acknowledge that the interactive features on 1000BooksBeforeKindergarten.org are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to 1000BooksBeforeKindergarten.org. 1000 Books Foundation cannot guarantee the security of any information you disclose through 1000BooksBeforeKindergarten.org. You make such disclosures at your own risk.
5.5 By posting Third Party Submissions to 1000BooksBeforeKindergarten.org or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to 1000 Books Foundation any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly answers a user’s question.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
5.6 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to 1000BooksBeforeKindergarten.org on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access 1000BooksBeforeKindergarten.org to facilitate posting Third Party Submissions on behalf of others, except with express written permission from 1000 Books Foundation.
5.7 1000 Books Foundation reserves the right to modify or discontinue, temporarily or permanently, its website, including sections of classified ads with or without notice at any time. You agree that 1000 Books Foundation shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
5.8 You are and shall remain solely responsible for any and all Third Party Submissions you make through 1000BooksBeforeKindergarten.org. You acknowledge that any information you disclose through 1000BooksBeforeKindergarten.org becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on 1000BooksBeforeKindergarten.org. Any such disclosures are at your own risk.
5.9 1000 Books Foundation does not prescreen Third Party Submissions submitted and 1000 Books Foundation has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, blogs, comments and forums, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. 1000 Books Foundation may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any 1000BooksBeforeKindergarten.org forum.
5.10 You acknowledge that by participating in any interactive area, blog, comment section, or forum on this website, you are granting 1000 Books Foundation the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to 1000 Books Foundation, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
5.11 Account registration and verification may be required in order to access an interactive area or otherwise post Third Party Submissions. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to 1000BooksBeforeKindergarten.org, you are required to update that information immediately.
5.12 If you post Third Party Submissions on 1000BooksBeforeKindergarten.org, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify 1000 Books Foundation of any unauthorized uses of your account or any other breaches of security. 1000 Books Foundation will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
5.13 You must not describe or assign keywords to your Third Party Submissions in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 1000 Books Foundation may change or remove any description or keyword that it considers inappropriate or unlawful in 1000 Books Foundation’s sole discretion.
6. LIMITS ON THIRD PARTY SUBMISSIONS – DIGITAL MILLENNIUM COPYRIGHT ACT
6.1 You understand that when using the 1000BooksBeforeKindergarten.org website, you will be exposed to Third Party Submissions from a variety of sources, and that 1000 Books Foundation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 1000 Books Foundation with respect thereto, and agree to indemnify and hold 1000 Books Foundation, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6.2 1000 Books Foundation does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and 1000 Books Foundation expressly disclaims any and all liability in connection with Third Party Submissions.
6.3 1000 Books Foundation does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and 1000 Books Foundation will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another’s intellectual property rights. 1000 Books Foundation reserves the right to remove Content and Third Party Submissions without prior notice.
6.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted 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;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
1000 Books Foundation’s designated Copyright Agent to receive notifications of claimed infringement is:
1000 Books Foundation
Attn: Copyright Agent
8987 W. Flamingo Road, Suite 100
Las Vegas, NV 89147
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
6.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, 1000BooksBeforeKindergarten.org may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at 1000BooksBeforeKindergarten.org sole discretion.
7.1 You agree to defend, indemnify and hold harmless 1000 Books Foundation, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the 1000BooksBeforeKindergarten.org website;
(b) your participation in any interactive area of the 1000BooksBeforeKindergarten.org website including the forums, videos, and comment sections and any material posted by you thereto.
(c) your violation of any term of these Terms of Service;
(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) your violation of any law, rule or regulation of the United States, any state, or any other country;
(f) any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.
(g) any other party’s access and use of 1000BooksBeforeKindergarten.org with your account.
7.2 This defense and indemnification obligation will survive these Terms of Service and your use of the 1000BooksBeforeKindergarten.org website.
8. Governing Law / Disputes
8.1 You agree that the 1000BooksBeforeKindergarten.org website shall be deemed solely based in the State of Nevada;
8.2 The 1000BooksBeforeKindergarten.org website shall be deemed a passive website that does not give rise to personal jurisdiction over 1000 Books Foundation, either specific or general, in jurisdictions other than Nevada.
8.4 Disputes: Any dispute, claim or controversy arising out of or relating to the 1000BooksBeforeKindergarten.org website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses.
8.5 Damages: We will not be liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the 1000BooksBeforeKindergarten.org website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).
9. Assignment / Modification
9.1 Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 1000 Books Foundation without restriction.
10. Ability to Accept Terms of Service