Think.com Terms of Use
INTRODUCTION. Welcome to Think.com. Think.com is a global program providing online learning tools to students in many countries. The Oracle Education Foundation (the “Foundation”, or “we”, “us”, or “our”) is a California non-profit organization that owns and operates Think.com. Think.com is provided to Users under the term and conditions of these Terms of Use (the “Terms of Use”). “Users” or “you” means any registered user of Think.com, and can include students and teachers from your school and other schools around the world Think.com staff, and Partner Organizations. A “Partner Organization” is an organization that has been granted permission by Think.com, and in some cases your school, to participate in Think.com and to provide and manage certain forums and Content (as defined below) on Think.com. For more information on Partner Organizations, and for information on the Foundation’s privacy practices, see the Think.com Privacy Policy.
By clicking on the [“I Accept”] button below, you agree to accept these Terms of Use. If you do not accept all of the terms, you may not use Think.com. Please do not click on the [“I Accept”] button if you do not accept all of the Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THINK.COM. IF YOU ARE A MINOR, MAKE SURE YOU REVIEW THESE TERMS OF USE WITH A TEACHER AND A PARENT OR LEGAL GUARDIAN BEFORE YOU USE THINK.COM, AND MAKE SURE A PARENT OR LEGAL GUARDIAN HAS SUBMITTED A SIGNED CONSENT FOR YOU TO PARTICIPATE IN THINK.COM.
REGISTRATION. To register for Think.com, 1) a School Agreement must be in place between your school and Think.com; 2) you must read and agree to these Terms of Use; 3) you must read the Think.com Privacy Policy; and 4) if you are a minor, a parent or legal guardian must have signed and submitted the Think.com Parental/Legal Guardian Consent Form. We may terminate your use of Think.com if any of these items are not completed.
PASSWORD AND SECURITY. When a school registers for Think.com, it provides Users with their own unique user name and password. You are responsible for keeping your user name and password secure. You are also responsible for all activities that occur under your account. You agree to immediately notify a teacher or the Foundation of any unauthorized use of your account, or if you learn of any breach of security. Unauthorized access to Think.com is a breach of these Terms of Use and is a violation of law.
HOUSE RULES. Below is a list of the House Rules for Think.com. By using Think.com you agree not to do any of the following:
No Bad Language, Pictures, or Behavior. You agree not to post or distribute any material that we find to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit language or images; or that (d) encourages or advocates illegal activity.
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) right of privacy (specifically, you must not distribute another person's personal information of any kind) or publicity; or (c) any confidentiality obligation.
No Selling. You agree not to advertise or sell anything (whether or not for profit), or use Think.com 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 those terms are commonly understood and used on the Internet.
No Tampering. You agree not to delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify.
We may remove and/or turn over to law enforcement officials any material that is in violation of these House Rules. We may also remove material that we determine is not appropriate for Think.com, and we may terminate your Think.com 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 Think.com in violation of the law.
FORUMS, PUBLIC COMMUNICATION; PRIVACY POLICY. Think.com is a forum that allows Users to participate in educational projects and, if authorized by your school, allows teachers and their students to connect with other Users at different schools and in different countries. As part of their participation in Think.com, Users may:
Create a personal webpage (“Personal Webpage”);
Participate in interactive educational projects;
Create and contribute to interactive content such as message boards, postings, brainstorming sessions, and votes;
Send and receive email, if authorized by their school; and/or
Receive announcements from Think.com staff and Partner Organizations.
You acknowledge that anything you submit to Think.com is routed through Think.com’s servers and the Internet. You understand that all submissions to Think.com are subject to the Think.com Privacy Policy. You acknowledge that content posted on Think.com may be viewed by other Users. Please keep in mind that whenever you post personal information online, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online. Except for the information we collect in accordance with the Think.com Privacy Policy, please do not submit any personal information via Think.com. You make such disclosures at your own risk. You are responsible for the content of your messages in Think.com. We are not responsible for the content or opinions posted or sent by Users. You use the information provided in Think.com at your own risk.
LICENSE GRANT. We do not claim ownership of content you submit or make available for inclusion on Think.com. However, by agreeing to these Terms of Use you grant the Foundation a world-wide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, and publicly display such content (in whole or in part) on Think.com, solely for the purpose for which such content was submitted or made available. This license is perpetual notwithstanding the removal of content submitted by you from Think.com.
CONTENT TO BE USED FOR YOUR EDUCATIONAL USE ONLY. Think.com is an online educational service provided to schools for noncommercial use. The information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials provided to you or otherwise accessible by you during your visit to Think.com (collectively, the “Content”) may be protected by copyright, trademarks, service marks, trade secret or other laws or proprietary rights agreements and you are only permitted to use them as expressly authorized by the Foundation. You agree to comply with any additional copyright notices or restrictions contained in or accompanying the Content. Subject to the foregoing and all of the other provisions contained in these Terms of Use, you are permitted to download, publish, copy, distribute, perform, display, transmit, and otherwise use any portion of the material in the web pages of Think.com for educational and noncommercial purposes only, including by way of example, within the classroom for teaching or in relation to other not-for-profit activities.
Other than as expressly permitted in these Terms of Use, you will not and you will not permit others to: (a) publish, copy, transmit, transfer or sell, reproduce, distribute, perform, display, or in any way exploit any of the Content in whole or in part; (b) sublicense the Content to any third party or use the Content for any commercial purpose; (c) alter the Content in any way (including without limitation, by removing copyright, trademark and other proprietary notices included with the same); (d) create any derivative works of the Content; or (e) otherwise use the Content in a manner that is inconsistent with these Terms of Use.
THIRD PARTY WEB SITES. Think.com content may include links to other web sites on the Internet. These other sites are not under the control of the Foundation, and you acknowledge that (whether or not such sites are affiliated in any way with the Foundation) the Foundation is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any links within Think.com to any other web site does not imply endorsement of such other site by us or any association with its operators.
APPLICABLE LAWS. For schools located in the United Kingdom, this Agreement will be governed by the substantive and procedural laws of the United Kingdom, without regard to the conflict of laws provisions thereof. For schools located in Scotland, this Agreement will be governed by the substantive and procedural laws of Scotland, without regard to the conflict of laws provisions thereof. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any controversy or claim arising between the parties in connection with this Agreement will be resolved by binding arbitration in accordance with the terms and conditions of this paragraph; provided, that actions by either party seeking equitable or declaratory relief may be brought in any court of competent jurisdiction. Each party irrevocably and unconditionally (a) consents to the jurisdiction of any such proceeding and waives any objection that it may have to personal jurisdiction or the laying of venue of any such proceeding; and (b) waives its rights to have disputes tried and adjudicated by a judge and jury except as otherwise expressly provided herein.
The arbitration and selection of the arbitrator(s) will be conducted in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"). If the parties are unable to agree upon a single arbitrator within sixty (60) days, three (3) arbitrators will be used, one selected by each party within ten (10) days after the conclusion of the sixty (60) day period and a third selected by the first two within ten (10) days thereafter. The arbitrator appointed to chair the arbitral tribunal will be fluent in English and not of the same nationality as either party. The place of the arbitration will be London, England. The arbitrator(s) will have the authority to award actual money damages, specific performance, and temporary injunctive relief, but the arbitrator(s) will not have the ability to award exemplary or punitive damages, and the parties expressly waive any claimed right to such damages. The parties exclude any right of appeal to any court on the merits of the dispute. Judgment on the award may be entered in any court having jurisdiction over the award or any of the parties or their assets. Any dispute relating to the validity or effect of this arbitration clause, or to any arbitration arising thereunder, will be governed by the arbitration law of the arbitral site.
The costs and expenses of the arbitration, but not the costs and expenses of the parties, will be shared equally by the parties; provided, that if the arbitrator(s) determine(s) that one party prevailed in the proceeding, then the other party will bear the entire cost and expense of the arbitration. In any arbitration, the successful or prevailing party will be entitled to recover its reasonable attorney’s fees and other costs incurred in connection with the proceeding, in addition to any other relief to which such party may be entitled. Except as otherwise required by law, the parties and the arbitrator(s) will maintain as confidential all information or documents obtained during the arbitration process, including the resolution of the dispute.
COPYRIGHT INFRINGEMENT. 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 Think.com. 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 our Copyright Agent:
Oracle
Education Foundation Copyright Agent
Email:
copyrightagent@think.com
Oracle
U.S.A.
500
Oracle Parkway
Mail
Stop 5OP-8
Redwood Shores, CA 94065
When notifying the Foundation of the 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 rights, 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.
DISCLAIMER. THE THINK.COM WEBSITE AND ALL MATERIALS IN THINK.COM 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 NONINFRINGEMENT. WE DO NOT WARRANT THAT THE THINK.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THINK.COM OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE THINK.COM SITE OR THE MATERIALS ON THINK.COM 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 WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THINK.COM OR MATERIALS OR FUNCTIONS ON THINK.COM, EVEN IF WE HAVE 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. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE IN THESE TERMS OF USE, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE, OR FOR FRAUD.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Foundation, its affiliates, and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Think.com.
MODIFICATIONS TO THINK.COM. We may modify or discontinue Think.com, temporarily or permanently, with or without notice to Users. We are not obligated to support or update Think.com. 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 Think.com.
AMENDMENT. We may change, modify, add, or delete portions of these Terms of Use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by prominently posting a notice on Think.com. Any change, modification, addition, or deletion will be effective thirty (30) calendar days following our posting of the notice on Think.com.
TERMINATION. These Terms of Use are effective until terminated by either you or us. You can terminate these terms at any time by discontinuing use of Think.com. If you terminate these Terms of Use, you agree to notify us by sending a notice to Think.com’s Global Operations Manager, using the contact information described below. We may immediately terminate your Terms of Use (including your access to Think.com) without cause and without notice in our sole discretion. Upon termination, you must stop using Think.com.
MISCELLANEOUS. Neither you nor the Foundation will be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of Think.com. You may not sell, trade, lease, assign or otherwise transfer your rights hereunder to any third party. The Foundation may assign its rights and duties under these Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you. The Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision will still be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. If the Foundation fails to enforce any provision of the Terms of Use, it will not constitute a waiver of such provision. The Terms of Use will inure to the benefit of the Foundation’s successors, assignees and licensees. The Terms of Use and the Privacy Policy and any modifications by the Foundation to the foregoing, constitute the entire understanding between the Foundation regarding your access to, license and use of Think.com, and they supersede any prior agreements, statements or representations with respect to the same. The headings of the paragraphs and subparagraphs of these Terms of Use have been added for convenience and are not to be deemed a part of these Terms of Use.
CONTACTING THE FOUNDATION. The Foundation welcomes any comments or questions Users may have, and you should feel free to contact Think.com via email by going to http://think.com/ and clicking on the Contact Us link, or by sending a letter to the address below:
Oracle
Education Foundation
Email: support@think.com
c/o
Oracle USA, Inc.
500 Oracle Parkway
Mailstop
50P-8
Redwood Shores, CA 94065
Last Updated: January 2007