Welcome to Visionlearning! Access to and use of Visionlearning is subject
to the following terms and conditions and all applicable laws. By accessing,
browsing and using Visionlearning, you accept, without limitation or
qualification, these Terms.
2. Access
The Visionlearning web site is provided for public use; however, the user
is responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet and access
Visionlearning. The user is responsible for all Internet access charges,
telephone charges or other fees or charges incurred in connecting to the
Internet and accessing Visionlearning.
3. Disclaimer of Liability
Use of this service is at your sole risk. Visionlearning is provided on an
"as is" and "as available" basis. Neither Visionlearning nor any of its
employees, makes any warranty, express or implied, including the warranties of
merchantability and fitness for a particular purpose; or assumes any legal
liability or responsibility for the accuracy, completeness, availability or
usefulness of information, apparatus, product or process disclosed.
Visionlearning shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including, but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses
(even if Visionlearning has been advised of the possibility of such damages),
resulting from: (i) the use or inability to use the service; (ii) unauthorized
access to or alteration of your transmission or data; or (iii) any other
matter relating to the service.
4. MyClassroom
Visionlearning may provide instructors with a personalized classroom
navigation frame within the MyClassroom area. In submitting information, you
agree that Visionlearning will not be held liable for the content of any links
or for any errors in these pages and that Visionlearning is under no
obligation to correct any errors reported.
In using the MyClassroom area, you agree to access and use Visionlearning
only for lawful purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations pertaining to
your use of Visionlearning, including any MyClassroom page. By accessing
Visionlearning you agree that you will not: (i) post or use Visionlearning to
commit a criminal offense or to encourage conduct that would constitute a
criminal offense or give rise to a civil liability, or otherwise violate any
local, state, Federal or international law or regulation, including, but not
limited to, export control laws and regulations; (ii) post or transmit any
unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene,
pornographic, profane or otherwise objectionable Content; (iii) alter, damage
or delete any Content or other communications that are not your own or
otherwise interfere with the ability of others to access Visionlearning; (iv)
disrupt the normal flow of communication in any MyClassroom site or
interactive area; (v) claim a relationship with or speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship; or (vi) post or transmit any
unsolicited advertising, promotional materials or other forms of solicitation
to other users.
5. External Links
Visionlearning provides many links to sites operated by independent site
owners. These links are provided as a convenience to the user and do not imply
endorsement by Visionlearning or permission by the site owners.
Visionlearning shall not be held liable for the accuracy or appropriateness of
any external links or their content.
6. User Content
Several areas of the Visionlearning website contain data and information
posted by individual users. These areas include, but are not limited to,
MyClassroom Notes, Comments, Custom Modules, Teacher Quizzes, Question Pools,
Announcements, and Teacher/Student email communications. The content of these
postings is provided by and is the responsibility of the person posting it.
Visionlearning does not monitor the content and takes no responsibility for
such content. Instead, Visionlearning merely provides access to such content
as a service.
By its very nature, user content may carry offensive, harmful, inaccurate
or otherwise inappropriate material, or in some cases, postings that have been
mislabeled or are otherwise deceptive.
Visionlearning does not endorse, support, represent or guarantee the
truthfulness, accuracy or reliability of any communications posted in these
areas or endorse any opinions expressed. You acknowledge that any reliance on
material posted in these areas will be at your own risk.
Visionlearning does not control the information delivered in these areas,
and has no obligation to monitor them. However, Visionlearning reserves the
right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or remove any information or materials, in whole or in part,
for any reason whatsoever, in Visionlearning's sole discretion.
By using these services, you acknowledge that they are public and not
private communications, and that therefore others may read your communications
without your knowledge. Always use caution when giving out any personally
identifying information about yourself or your children in any of these areas.
Generally, any communication that you post to the Service is considered to be
non-confidential.
You agree that you are responsible for your own communications and for any
consequences thereof. You agree to use the Service only to send, post and
receive messages and material that are legal and proper.
7. Email
Visionlearning facilitates email communication between users within the
MyClassroom area. Visionlearning makes reasonable efforts to protect the
email addresses of our users and does not sell email addresses to mass
mailers. By registering for our site you agree to allow Visionlearning or
limited authorized partners to contact you via email. Furthermore, you agree
to allow other registered users (teachers, students, etc.) to contact you via
email in our MyClassroom system. Visionlearning does not control the
information delivered via email from registered users, and has no obligation
to monitor email. User email may contain offensive, harmful, inaccurate or
otherwise inappropriate material. You agree to hold Visionlearning harmless
for any offensive, malicious or illegal content delivered via email from any
registered user.
8. Privacy Policy
Visionlearning respects the privacy of all users. We may collect and store
information for statistical purposes. For example, we may count the number of
visitors to the different sections of our site to help us make them more
useful to visitors. We may disclose to third parties certain aggregate
information collected, provided that such information does not include
personally identifying information, except as specifically authorized by you
or in the good faith belief that such action is reasonably necessary to comply
with the law, legal process or to enforce the Terms of Use. Independent web
sites linked to through Visionlearning may collect personal identifying
information. Visionlearning is not responsible for this information collected,
refer to the privacy policy of each independent site owner.
Instructors requesting a MyClassroom site will be asked for certain
personally identifying information. In requesting a MyClassroom page, the
requestor gives express permission to Visionlearning to post personally
identifying information such as names to publicly accessible pages.
Visionlearning will make all attempts to notify the user of information that
will be accessible to the public, but makes no warranties against disclosure.
9. Indemnity
You agree to indemnify and hold Visionlearning, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your Content, your use of the
Service, your connection to the Service, your violation of the Terms of Use or
your violation of any rights of another.
10. Termination
The only right with respect to dissatisfaction with any policies,
guidelines or practices of Visionlearning or any Content is for you to
discontinue accessing the Visionlearning web site.
Visionlearning, in its sole discretion, may terminate or temporarily
suspend your access to all or any part of the site without notice.
Visionlearning may discontinue operating and terminate this Agreement without
notice at any time for any reason in its sole discretion.
11. Copyright and Other Proprietary
Rights
You acknowledge and agree that the Service, all Content contained within
the Service including, but not limited to, text, graphics, electronic art,
animations, audio, video, programming and software contained within the
service and any necessary software used in connection with the Service contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Visionlearning or advertisers in writing, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
Any material, information, communications, text, graphics, links,
electronic art, animations, audio, video, photos or other data that you link
to or otherwise make available in your MyClassroom page that is not hosted on
the Visionlearning web site (collectively "User Content") is and remains your
sole property or the property of your licensors. By linking or otherwise
making available any User Content, you automatically grant and/or warrant that
the owner of such User Content has granted Visionlearning, for the sole
purpose of displaying publishing, distributing and/or otherwise transmitting
the User Content through the Visionlearning web site, the perpetual
royalty-free, non-exclusive right and license to use, reproduce, publish,
distribute, perform and display the User Content through MyClassroom.
You also permit any other user of Visionlearning to access, view, store and
reproduce the User Content to the same extent permitted herein. Moreover, you
acknowledge that any Content that is on or otherwise made available on
Visionlearning that is not uploaded or otherwise made available by you is not
yours and you do not have any ownership rights therein. Therefore, you warrant
that you will not copy, publish, reproduce, modify or distribute such Content
without the express permission of the owner in violation of US or other laws,
including such laws relating to copyright, trade secrets and/or any other
statutory or regulatory provisions.
You agree not to reproduce, duplicate, copy, sell, resell, provide
unauthorized access to or exploit for any commercial purposes, any portion of
the Service, use of the Service or access to the Service.
12. Linking to Visionlearning
Users are encouraged to link to the Visionlearning site and use the
buttons provided
for establishing links to the site.
No individual or entity may explicitly or implicitly claim or suggest
authorship or ownership over material copyrighted by Visionlearning without
the express, written permission of Visionlearning. This includes loading any
Visionlearning pages in a frames-based or other display environment that
places advertising or a commercial logo or name alongside of any
Visionlearning content, names, logos, graphics or other material, except for
as provided above. Any entity or organization violating this clause of the
Terms explicitly agrees to pay Visionlearning licensing fees of $100 cpm (cost
per thousand page views) for the actual number of page views reported by the
violating entity and damages of $100,000. The violating entity also agrees to
pay Visionlearning for all legal fees incurred in enforcing this clause of the
terms.
13. General
The Terms of Use, Copyright and Privacy constitute the entire agreement
between you and Visionlearning and govern your use of the Service, superceding
any prior agreements between you and Visionlearning. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The Terms of Use and
the relationship between you and Visionlearning shall be governed by the laws
of the State of Connecticut without regard to its conflict of law provisions.
You and Visionlearning agree to submit to the personal and exclusive
jurisdiction of the courts located within the State of Connecticut. The
failure of Visionlearning to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision. If any
provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms of Use, Copyright and Privacy
remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the Terms of Use must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no
legal or contractual effect.
