In addition, when using Edheads services, you and Edheads shall be subject to any guidelines or rules applicable to such sites or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control. Edheads has adopted the American Library Association's "Library Bill of Rights" as the basis for our use policy as it pertains to minors. The "right" to use Edheads includes unrestricted use of all the services and materials included in your membership category. Every restriction on access to, and use of, these resources, based solely on the chronological age, educational level, literacy skills, or legal emancipation of users violates these rights. Parents—and only parents—have the right and responsibility to restrict access of their children—and only their children—to Edheads' resources. Parents who do not want their children to have access to certain activities or materials should so advise their children. Edheads staff, board or volunteers cannot assume the role of parents or the functions of parental authority in the private relationship between parent and child. Teachers and school districts are recognized to be acting in loco parentis and would therefore have the right to restrict access to minors. Edheads assumes no responsibility should minors access content on the Edheads' site which is later deemed inappropriate for their age level.
You agree to be bound by these TOU, and indicate such agreement by your use of any Edheads service.
1. Permitted Use. Subject to these TOU, Edheads hereby grants you the right to access and use edheads.org. Unless otherwise specified herein or agreed upon by Edheads, edheads.org is only for your personal, non-commercial use or for classroom use. Edheads retains all rights with respect to edheads.org except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on edheads.org unless specifically authorized in writing by Edheads to do so. Parents and teachers are able to duplicate and make use of quizzes, score sheets and worksheets provided for use with the activities. You agree not to frame, or assist third parties in framing, any of the Web pages contained in edheads.org. Such framing is strictly prohibited under this Agreement. The content and software on edheads.org is the proprietary property of Edheads and/or its suppliers and are protected by U.S. and international copyright and other intellectual property laws.
2. Links to Third-Party Sites. Edheads.org may contain links or produce search results that reference links to third-party Web sites ("Linked Sites"). Edheads has no control over these Linked Sites or their content. Edheads cannot and does not guarantee, represent, or warrant that the content in the Linked Sites, including, without limitation, other links, is accurate, legal, and/or inoffensive. Edheads does not endorse the content of any Linked Site, nor does Edheads warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using edheads.org to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Edheads for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at firstname.lastname@example.org and we will investigate the link and take appropriate action.
3. No Unlawful or Prohibited Use. As a condition of your use of edheads.org, you warrant to Edheads that you will not use edheads.org for any purpose that is unlawful or prohibited by these TOU. You agree not to use edheads.org in any manner that could damage, disable, overburden, or impair edheads.org or interfere with any other party's use and enjoyment of edheads.org. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through edheads.org.
4. Use of Communication Services. If you participate in any discussions, forums, blogs or bulletin boards, or submit any content to Edheads (collectively "Communication Services") within the site, you agree that any information posted or submitted by you:
a. shall not be false, inaccurate, or misleading;
b. hall not be fraudulent;
c. shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
d. shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
e. shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
f. shall not be obscene or contain child or other pornography, or contain references to tobacco, alcohol or firearms or promote the use of such products;
g. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
h. shall not create liability for Edheads, or cause Edheads to lose (in whole or in part) the services of our ISPs or other suppliers; and
i. shall not link directly or indirectly to links you do not have a right to link to or include.
Edheads has no obligation to monitor the Communications Services. However, Edheads reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Edheads reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Edheads does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Edheads expressly disclaims any liability with regard to the Communication Services and any action resulting from your participation in the Communication Services. All such participation is solely at your own risk.
6. Ownership of Submitted Content. You agree that any and all information you provide to edheads.org becomes the exclusive property of Edheads, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Edheads upon submission of the information.
7. Warranty Disclaimer. Edheads does not promise that edheads.org will be error-free or uninterrupted, or that edheads.org will provide specific results from your use of any content, search, or link on them. Edheads.org and all content within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Edheads does not warrant or represent that files you download from edheads.org will be free of viruses or other harmful features. EDHEADS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL EDHEADS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE EDHEADS SITES. IN NO EVENT SHALL EDHEADS'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE EDHEADS SITES EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO EDHEADS FOR ACCESSING THIS SITE.
9. Indemnity. You agree to indemnify and hold Edheads and its affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
10. Designated Agent for Alleged Copyright Infringement. Edheads respects the intellectual property of others and asks that you do the same. If you believe some content on the Edheads Sites has been copied in such a way as to constitute copyright infringement, please contact Edheads at email@example.com.
11. General. This Agreement shall be governed in all respects by the laws of the State of Ohio without giving effect to its conflict of law of provision. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Ohio, County of Franklin, and further agree that any cause of action arising under this Agreement shall be brought in such venue. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Edheads's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between Edheads and you with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding, whether written or oral.