Welcome to the MAKERPlay website.
MAKERPlay program is a children’s STEM-themed program that combines the latest maker technology with a secure online community where participants can collaborate and share their projects and experiences with other child patients in hospitals across the country (the “Program”). Technology is provided by Parish Episcopal School (the “School” or “we” or “us”) to help achieve the academic goals and mission of the School, including the Program, via the websites operated by or for the school at makerplay.org and each sub-domain and portal associated with this URL in furtherance of the Program (the “Sites”).
Electronic Signature Consent to These Terms and Online Agreements
The Sites are made available by the School to you free of charge on the express condition that you accept, without modification, and abide by these Terms. Your access and use of the Sites is conditioned upon your continued compliance with these Terms. Please read these Terms carefully, as your access to and use of the Sites constitutes your acceptance of these Terms. The School reserves the right to change these Terms any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms each time that you view the Sites.
To uphold the quality and reputation of the School and its Services, your use thereof is subject to these Terms. If you are found to be in violation of any obligations set forth in these Terms at any time, as determined by the School in its sole discretion, the School may warn you, suspend the affected Service, or terminate your user account.
Your access and use of the Services will be managed through your account on the Site. The School relies on an electronic signature process as official authorization for your consent and agreement to these Terms as well as any changes to these Terms or any transactions conducted in the Sites. By accessing this Sites and, where prompted clicking “Activate Your Account” or “Click to Consent,” you agree to conduct each transaction by electronic means and the School and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms and all written agreements entered into between you and the School on the Sites. You may revoke approval of this electronic signature process at any time with prior written notice to the School from your user account; however this will result in the School’s suspension or termination of the Services absent your acknowledgment of agreement or consent by other valid legal means.
The Program Services
The School may offer from time to time certain services or features related to the Program on the Sites (including without limitation, digital portfolios, personal pages, online donations and payment, message boards, testimonials, case studies, videos, social media pages, public forums, event calendars and newsletters) (collectively, the “Services”). The following terms under these Terms pertain to your ability to use the Services made available by the School on the Sites:
Account Set Up.
Browsing of the Sites public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Sites will require an account to be first established and activated for you. You may sign up for an account by accessing the Sites and following the direction for setting up an account. When you register for an account, you will be asked to create a unique user name (and/or a forum name), a password and a valid email address for your account. You will be asked to enter the activation code found on the Program STEM kits provided to you at the hospital or other health care facility. You will be asked whether you have read these Terms and agree to abide by its terms. You may be asked specific questions if you are seeking to use certain features of the Sites (such as the digital portfolio set-up), and your answers to those questions will determine whether or not you are eligible to register for those features. If you answer “I agree” or “Click to Consent” and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer “I Do No Agree” or do not click “Click to Agree” or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online. The School reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register and you must confirm your email address and acceptance of these Terms by clicking on the confirmation link in the notification email. If you are under the age of 13, you likewise will be asked to provide the name and email for your parent or legal guardian, and the School will send a notice by email to request their consent in order for your account to remain active. Once you have confirmed, you will be permitted to log in, view, load, post and use the Services and the specific features of each Service for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms, understand your rights and obligations, and agree to be bound by these Terms. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.
You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify the School if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by the School.
In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
As part of the account activation process, you must certify that you are 13 years of age or older. If you are under the age of 13, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 13 years old and that he or she is the parent or legal guardian of the child/children listed on the account. You or your parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.
Public Forums. As part of your account, you may participate in certain message boards, newsletters, calendars, case studies, social media, instant messaging and other public forums. Public forums also include any social media sites operated by the School for the Program. Your participation is voluntary; however by choosing to post or send a message or photograph or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that the School may use the posted content in any manner that it deems necessary or appropriate. The School reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. The School cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable. Although The School reserves the right to remove without notice any posting for any reason, The School has no obligation to delete content that you personally may find objectionable or offensive. The School may not control in real time the information posted via the Services and as such cannot guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms, The School does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any The School public forum.
Your user account and personal digital portfolio is set up as a digital scrapbook of your accomplishments and experiences while a participant in the Program. You consent to the use of your name, voice or likeness in conjunction with the Program digital portfolio and each project in which you participate during and after your enrollment in the Program. Your digital portfolio will consist of digital multi-media artifacts, content, photographs (including images of yourself and your name, voice or likeness), and other 3-D printed materials created or produced by you using the STEM kit or materials or your participation in the Program (the “Artifacts”) The primary purpose of the Program is for all Artifacts to be shared with other child patients using the Services. You acknowledge that your Artifacts and your user name and digital portfolio and/or each group digital portfolio stored on the Sites will be accessible or made available to all faculty and students of the School and all parents/legal guardians and children with the Program community, but will not be publically accessible or displayed over the Internet by or to the general public without appropriate safeguards being in place to protect a child’s identity.
Your Artifacts and your personal digital portfolio will be maintained within the Sites both during and after your enrollment in the Program. If you leave the Program for any reason, the School will deactivate your personal digital portfolio. If, at any time after your departure from the Program, you wish to access any of your Artifacts or your personal digital portfolio, you or your parent/guardian may submit a written request stating the reason for access and the School, in its discretion, may provide copies of each Artifact as requested. The School reserves the right to establish general practices concerning any digital portfolios accessible from the Sites, including how long and how many Artifacts will be maintained from time to time, and the School may suspend, discontinue or modify access to any features on your personal digital portfolio at any time as a result of error, intentional misconduct, site maintenance or any other reason in the School’s sole discretion without prior notice to you or your parent/guardian. While your digital portfolio is originated by the School as part of the Program, this tool is offered as a courtesy at no cost to each child participant and the Program community and, as such, the School is not responsible or liable for any loss, damage, destruction or inability to access or use your personal digital portfolio and/or any Artifacts during or after your enrollment in the Program, or any unauthorized use, dissemination or disclosure of the Artifacts to or by others. You further understand the School has invested substantial time, effort and resources in creating and maintaining the Sites and each digital portfolio, which embody the School’s proprietary methods, tools and curriculum. As such, you will not modify the digital portfolio template. Furthermore, you agree not to let anyone (other than your parent/guardian) access your personal digital portfolio using your password without the School’s prior consent. You further agree not to disclose any of the School’s proprietary methods, tools or curriculum to anyone (other than your parent/guardian) without the School’s prior consent. Participation in the Program and your digital portfolio does not make you an academic student of the School or otherwise entitle you or your parent/legal guardian to any privilege or rights associate with student enrollment in the School. You agree to not hold yourself out to others to be an academic student enrolled in the School (unless you actually are enrolled in the School under its standard grade curriculum).
You may post messages, text, photos, videos, testimonials or other content on the Site (including your Artifacts) via the public forums or the private forms. Any such content submitted to The School will be treated as non-confidential and non-proprietary, and you authorize the School and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to the School that you own or have the right to use and permit the School to use such content for all purposes related to the Program. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on any public forums, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself on one of our public forums (such as our Facebook page), you further authorize the School and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of the School’s operations throughout the world, including the Program, and any such permission cannot be revoked for any reason.
Availability of Service.
The School reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion). You agree that the School shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email provided by or stored by you on any public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of the School. You acknowledge that the School reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the School shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
In order to make payments online towards pledges or donations for the Program, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to the School. By providing such information to the School by any means (e.g.: online entry, email, fax, telephone, mail, etc.), you represent that any information or materials provided by you are accurate, complete and correct and that you have lawful right to provide such information to the School for use in processing your donations or receiving your payments from the Sites. In order to make payments online using the payment method displayed on the Sites (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing the School or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms. Billing to your credit card or to your account occurs at the time of purchase or shortly thereafter. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize the School to charge the credit card provided by you or listed on your account for any pledges or donations due to The School online via the Sites.
Third Party Service Providers. In order to make available these Services and the Programs on-line, the School may engage third party service providers (such as Google, YouTube, Twitter, and Facebook) to perform services. The School’s Sites also may contain links to social media accounts hosted by third party service providers for the benefit of the School. These third party service providers require user acceptance of, and compliance with, their respective privacy policies and service agreement posted on their respective website accessible from the School’s Sites. Each parent and student acknowledges that the School does not own or control these third party service providers and, as such, it cannot be liable or responsible for their actions or non-actions with respect to any service accessible from the School’s Sites.
IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD THE SCHOOL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY THE SCHOOL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO THE SCHOOL’ USE OF THE INFORMATION AND CONTENT PROVIDED FOR YOUR PERSONAL DIGITAL PORTFOLIO OR YOUR ACCOUNT, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON THE SCHOOL’ OWN NEGLIGENCE. IN NO EVENT SHALL THE SCHOOL’ AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for Services & Sites.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on The School or its licensors or suppliers’ infrastructure; (v) involves knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involves the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of The School’ or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to the School’s public image, goodwill, or reputation.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of The School or its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of the School or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Restricted Use of Site Content
Unless otherwise indicated, the School or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the “Materials”). Additionally, the School owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of The School, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. The School retains all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of the School or any third party.
The School will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they much agreed to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by the School or its licensors.
When you access the Services through a mobile network or Wi-Fi connection, your network or roaming provider’s messaging, data and other rates or fees will apply. Downloading, posting, or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or devices or Wi-Fi connection.
It is the practice of the School to use the name, voice, likeness of Program participants (each a “likeness”) and certain audio and/or visual works, photographs and quotations created by Program participants (each a “work”) involved in Program activities in its publications and in other selected media for the purpose of promoting the School and its curriculum services and programs, including the Program. Unless a written denial of permission to reproduce and use such personal, photographic and quoted material is received from the parent, the activation of your online account of the child in the Program constitutes permission of you and your parent/legal guardian for the School to use, royalty-free, each likeness and work of a student in the School’s publications and media. The School is not responsible for third party use of digital photographic material that is copied or used without its permission.
Links to Social Media Sites
The Sites contain links to other social media accounts and/or webpages hosted by The School, including without limitation, Facebook, YouTube, Twitter, Yelp!, Vimeo, FourSquare and Linked In. Any content, information, posting, videos, photographs or other materials posted by you to any of these social media accounts and/or web pages hosted by the School shall be treated as Site Materials for purposes of, and subject to, these Terms as of the date of first posting. Any content posted by the School on any of these social media accounts and/or webpages hosted by The School likewise shall be treated as Site Materials for purposes of, and subject to, these Terms as of the date of first posting. Your access to and use of any social media pages hosted by The School shall be governed by these Terms to the extent the terms set forth in these Terms are not contrary to the Terms or other service agreements between the School and the social media site operators. You, however, acknowledge that the School has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless the School for any breach of any Terms or other service agreements between the School and the social media site operators by virtue of your actions.
Links To Other Sites
The School may provide links to other Internet sites or resources. The School likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by the School.
Term & Termination.
These Terms are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
The School may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (ix) the expiration or termination of your participation in the Program or other Service in which you are participating; and/or (x) any other reason reasonably considered by the School to be in its best interest.
Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that the School may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. The School shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.
You may deactivate your account at any time subject to full payment of any costs charged to your account(s). In order for us to deactivate your account, you must provide us with written notice. You may look under “My Account” and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that our entire liability and your exclusive remedy under these Terms for any dispute with us shall be your right to terminate your account in accordance with this section. You further agree that the School shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Upon termination, the School will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to the School with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.
Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms shall be construed to obligate the School to maintain and support the Sites, or any part or portion thereof, during the term of these Terms.
You agree that you will hold harmless the School, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of the Services and the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
In no event and under no circumstances shall the School or its service providers or any contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. THE SCHOOL MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. THE SCHOOL MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
In certain instances the School permits third parties to provide testimonials and information. The School may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of the School or endorsed by the School.
Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, testimonials, letters, videos, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. The School does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide the School’s general counsel (whose contact information provided below) with the following information:
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 or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
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 School to locate the material.
Information reasonably sufficient to permit The School to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
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.
The School’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its Director of STEM Education, who can be reached, as follows:
By email: [email protected]
By mail: Parish Episcopal School
Attention: Director of STEM Education
4101 Sigma Road
Dallas, Texas 75244
Please provide all of the information requested above. No specific form is required to provide The School with notifications of possible infringement. However, it will take The School longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Dallas County, Texas.
Any controversy, claim, or dispute arising out of or relating to these Term, or its interpretation, application, implementation, breach or enforcement, and any other claim, controversy or dispute among you or your parent/legal guardian and the School relating in any way to the Program or the Services to be provided by the School which the parties are unable to resolve by mutual agreement, shall be settled by submission by any party of the controversy, claim or dispute to binding arbitration in Dallas County, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, with the stipulation that the matter shall be heard by a single arbitrator. In any such arbitration proceeding, the parties agree to provide all discovery deemed necessary by the arbitrator. The decision and award made by the arbitrator shall be final, binding, and conclusive on all parties hereto for all purposes, and judgment may be entered thereon in any court having jurisdiction thereof.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms have been written in the English language and the English language shall control. These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms in any language other than English. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and the School with respect to the Sites and the Services.
If you have any questions regarding these Terms, you may email or write to the Director of STEM Education of the School:
By email: [email protected]
By mail: Parish Episcopal School
Attention: Director of STEM Education
4101 Sigma Road
Dallas, Texas 75244
Posted: October 25, 2016