As used herein, “you” or “your” shall refer to you as a visitor to or User of the Site. “We” or “our” shall refer to the Foundation.
PARENTAL CONSENT TO USE THE SITE
The Foundation receives entries for the Competition (“Entries”) via the on-line enrollment form accessible at http://www.thinkquest.org. Your participation in the Competition and the submission of Entries are governed by the Competition’s Rules and the Evaluation Guidelines, which are hereby incorporated by reference.
Only Coaches are allowed to enroll for the Competition and must complete all aspects of the enrollment process in order to enter the Competition. As part of the enrollment process, each Coach will receive a unique user name and password (together, an “ Account”).
You acknowledge and agree that the Foundation may block your use of the Site and/or terminate your Account if (i) your enrollment is not complete, (ii) any enrollment data that you provide is untrue, inaccurate, not current or incomplete, or if the Foundation has reasonable grounds to believe that any enrollment data is untrue, inaccurate, not current or incomplete and/or (iii) the Foundation is unable to verify any of your enrollment data.
RULES OF CONDUCT
As a User of the Site, you acknowledge and agree to the following rules of conduct (“Rules of Conduct”) for the Site:
No Bad Language, Pictures or Behavior. You agree not to post or distribute any material that is: (a) defamatory, abusive, harassing, insulting or threatening to any other person or that could be considered stalking; (b) bigoted, hateful or racially offensive; (c) vulgar, obscene or sexually explicit; or (d) illegal or promoting illegal activity. The Foundation, in it sole discretion, determines what violates this section.
Ask for Permission When Borrowing Other People's Work. You agree not to post or distribute any material that infringes and/or violates any right of a third party or any domestic or international law, including but not limited to: (a) copyright, patent, trademark or other proprietary rights; (b) rights of privacy or publicity (specifically, you must not post or otherwise distribute any other person's personal information); or (c) any confidentiality obligation.
No Advertising or Selling. You agree not to advertise or sell anything (whether or not for profit) or use the Site for commercial purposes of any kind.
No Viruses. You agree not to post or distribute a computer virus or other harmful component.
No Lies. You agree not to impersonate any person or entity or misrepresent your identity.
No Mass Emails. You agree not to engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding," "trolling" and "griefing" (as such terms are commonly understood and used on the Internet).
No Tampering. You agree not to delete any legal notice, disclaimer or proprietary notice, such as copyright or trademark symbols, or modify any logo that you do not own or have express permission to modify.
No Illegal Activity. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
We may remove and/or notify law enforcement officials of any material that is in violation of any part of these Rules of Conduct. We also may remove material that we determine is not appropriate for the Site and terminate your Account at any time. We also reserve the right to cooperate with law enforcement officials regarding the identification of any User alleged to be using the Site in violation of any applicable law.
As part of participation in the Site, Users may, among other things, submit personal information (i) to enroll for the Competition and form a team; (ii) to use a non-public area of the Site; (iii) to register online for the ThinkQuest Live event; and/or (iv) to register to receive additional information from the Site.
CONTENT TO BE USED FOR YOUR EDUCATIONAL PURPOSES ONLY
LINKING TO THE SITE
You may link to the Site solely for noncommercial and educational purposes. For the avoidance of doubt and subject to the following, you may not link to the Site for, or in relation to, any for-profit and/or commercial activities. Entities or individuals wishing to link to the Site for uses other than noncommercial, educational purposes must first request and receive written permission from the Foundation. For questions or to request permission, please contact firstname.lastname@example.org. The foregoing notwithstanding, the Foundation reserves the right in its sole discretion to prohibit any entity or individual from linking to the Site.
To the extent permission is granted to website publishers, such publishers may not include a banner over the browser window of the linked page such that the URL of the Site or sub-page is not visible. In addition, the origin of the Site must be included in any description or listing of a Site (for instance, "a ThinkQuest site" or other language as may be required by the Foundation in its sole discretion).
LINKS TO OTHER WEBSITES
FOUNDATION'S USE OF SUBMISSIONS
The Foundation does not accept or consider unsolicited submissions or other content. Please do not send your unsolicited ideas or original materials to anyone at the Foundation. If, despite this request, you still send us your ideas or such materials, please understand that we make no assurances that your ideas or materials will be treated as confidential or proprietary and, upon submission, such ideas or materials become the sole and exclusive property of the Foundation.
In accordance with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, the Foundation has designated an agent to receive notifications of alleged copyright infringement associated with the Site. The Foundation will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify DMCA (or it successor copyright agent) at:
Education Foundation Copyright Agent
500 Oracle Parkway
Mail Stop 5OP-8
Redwood Shores, CA 94065
When notifying the Foundation of alleged copyright infringement, please include all of the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
(iv) Information reasonably sufficient to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material is believed in good faith by the Foundation to infringe a copyright or otherwise violate any intellectual property right, the Foundation will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with the Foundation's Copyright Agent.
THE USE OF THIS SITE IS AT THE USER’S SOLE RISK. THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE SITE OR THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS, RESOURCES AND/OR FUNCTIONS ON THE SITE, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
MODIFICATIONS TO THE SITE
The Foundation reserves the right to modify or discontinue the Site, or any part thereof, temporarily or permanently, with or without notice to Users. We are not obligated to support or update the Site. Users acknowledge and agree that the Foundation will not be liable to Users or any third party in the event that the Foundation modifies or discontinues the Site.
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and the Foundation agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
The Foundation welcomes your comments or questions. Please contact us via email by clicking on Contact Us or by sending us an email to email@example.com or by sending a letter to:
500 Oracle Parkway, MS 5OP890
Redwood Shores, CA 94065
LAST UPDATED: August 25, 2010