Terms of Use for Learnativity.org

1. Definitions

"Agreement" means the terms and conditions set forth below.

"Learnativity.org," ("we," and "us") means the provider of this website and all related services (collectively, the "Site").

"Content" means suggestions, notes, articles, postings, ideas, concepts, or other Materials.

"Site user." ("you," "your") means the person using the site.

2. Your Promise

By using this Site, you agree to be bound by the terms and conditions posted on the site. If you do not agree to these terms and conditions, please do not use this Site.

3. Code Of Conduct

While using this Site you agree not to take any of the actions listed below:

  • Hacking. You will not take any steps to stop other visitors from using this Site.
  • False Representations. You will not express or imply that any statements you make are endorsed or authorized by us, unless you have our prior written consent;
  • Modification of the Site. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or remove any copyright, trademark, or other proprietary rights notices contained in the Site; or frame" or "mirror" any part of the Site unless you have our prior written consent; or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or change the navigational structure or presentation of the Site or its contents; or
  • Collection of Information. You will not collect information about Site visitors without their express consent.
  • Other Unlawful Purposes. You will not use the Site or Content for any unlawful purposes.

    • While using the Site you agree to comply with all applicable laws, rules and regulations.

    4. Registration.

    You do not need to register in order to view postings or other content on the Site.

    5. Ownership And Restrictions On Use.

    COPYRIGHT NOTICE. ©1993-2004. Learnativity. All Rights Reserved.

    SITE OWNER. Wayne Hodgins, wayne@learnativity.org

    Content on this site may be distributed freely without the site owner's permission, provided that the content and the copyright notice remain intact and a note about how and where the Content is used gets sent to the site owner for tracking purposes.

    Contact the site owner prior to publishing any part of the document in a commercial product or on another web page.

    Learnativity.org, the Learnativity.org logo, and other Learnativity products or services referred to on the Site are trademarks and/or service marks of the Learnativity Alliance. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

    6. Claims Of Copyright Infringement

    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content hosted by Learnativity.org infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The contents of such notice, and Learnativity.org's agent for such notice, are listed in our Contact Information. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Learnativity.org a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be penalties for false claims under the DMCA. Send notice to info@learnativity.org.

    7. Jurisdictional Issues

    We control and operate the Site from within the State of California, United States of America. We make no representation that Content in the Site are appropriate or available for use in other locations. Persons who access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with any applicable local laws.

    We reserve the right, in our sole discretion, to limit the availability of the Site and/or the provision of any service, program, film, or other product to any person, geographic area, or jurisdiction at any time, and to limit the quantities of any such service, program, film, or other product that we provide.

    8. Use Of Data And Privacy

    Please review our Privacy Policy http://www.learnativity.org/privacy.php that discusses and governs (in addition to this Agreement) any information you submit in connection with the Site.

    9. Termination

    We reserve the right to immediately terminate this Agreement, and/or your access to the Site at any time and for any reason. Upon termination, you agree to destroy all Content obtained from the Site and all copies of such Content.

    10. Disclaimers

    THE SITE, THE CONTENT ON THE SITE, AND ANY LINK ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEARNATIVITY AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. LEARNATIVITY.ORG AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOUR USE OF THE SITE AND ANY CONTENT PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

    11. Limitation Of Liability

    NEITHER LEARNATIVITY.ORG NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, AND/OR CONTENT CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AS APPLICABLE.

    12. Indemnification

    You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement;
    (b) any allegation that any Content that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
    (c) your violation of the Code of Conduct above; and/or
    (d) your activities in connection with the Site.