The School Collective

 

Terms of Service

Please read the following Terms carefully before using any of the school collective, LLC’s and its affiliates’ (collectively, “the school collective”, “our” or “we”) web sites, including but not limited to the school collective web site, as well as any online features, services and/or programs offered by the school collective (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of the school collective. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site, other than User Content, which is discussed in Paragraph 8.

We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, the school collective does not warrant or represent that: (a) the Content and/or the User Content is accurate, complete, up-to-date or current; (b) the school collective has any obligation to update any Content and/or User Content; (c) the Content and the User Content is free from technical inaccuracies or typographical errors; (d) that the Content and/or User Content does not infringe on the intellectual property rights of any third party; (e) that the Content and/or the User Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of the school collective. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms. You are prohibited from accessing any portion of the Web Site for which you do not have proper access.
3. USER ACCOUNT, PASSWORD AND SECURITY.

(a) USER ACCOUNT. For certain types of features available through the Web Site (for example, to post comments to the Web Site), you will be required to create an account (“User Account”) at www.theschoolcollective.com, and your use of the account shall at all times be governed by these Terms and Conditions. We reserve the right to monitor your use of your account for website improvement purposes, the school collective performance tracking and for the purposes of creating a ‘user rating’ of your account. You agree to allow this ‘user rating’ to be made public in such a way that it will not communicate the details of the use of your account.

(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the school collective has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the school collective has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

  1. DISCLAIMERS.

 

(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE SCHOOL COLLECTIVE PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND THE SCHOOL COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. THE SCHOOL COLLECTIVE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SCHOOL COLLECTIVE SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold the school collective and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by the school collective, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (v) any claim that your User Content caused damage to a third party.

5. LIMITATION OF LIABILITY. THE SCHOOL COLLECTIVE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL THE SCHOOL COLLECTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE SCHOOL COLLECTIVE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The Web Site is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought, please retain the services of your own lawyer.

6. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with the school collective’s Privacy Policy located at www.theschoolcollective.com/privacy.htm.

7. THIRD PARTY CONTENT.

(a) the school collective and/or its users may provide hyperlinks to other web sites maintained by third parties, or the school collective may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER THE SCHOOL COLLECTIVE’S CONTROL AND THE SCHOOL COLLECTIVE IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the school collective. In most cases, the school collective is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site: (i) may link to, but not replicate, the school collective’s Content; (ii) may not create a browser, border environment or frame the school collective’s Content; (iii) may not imply that the school collective is endorsing it or its products; (iv) may not misrepresent its relationship with the school collective; (v) may not present false or misleading information about the school collective’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

8. USER CONTENT.

(a) The Web Site does or may now permit the submission of various forms of content submitted by you and other users, such as documents, images, videos, text files, audio files, comments, blog entries, editorials and original publications (collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content. the school collective does not guarantee any confidentiality with respect to any submissions of User Content to us. You will have the ability to determine what level of sharing of your User Content you will grant to your school and other users of the Web Site. The User Content that you designate as “personal” (or equivalent) will not be viewable by any party except as provided in Section 8(e) below. However, any User Content that you provide or make available to other users of the Web Site and applicable schools may be copied and used by those parties in accordance with these Terms, and those parties will be permitted to continue to use such User Content already in his, her or its possession in accordance with these Terms if you subsequently designate such User Content as “personal” (or equivalent). Additionally, all User Content, no matter to what category designated, will be viewable by “admin” and “super admin” users to protect against the storage of offensive, indecent or objectionable materials and otherwise administer the Web Site. You also consent that all User Content that you post to the Web Site that is at any point designated as anything other than “personal” (or equivalent), even if you delete such User Content, will at all times be available to us and the school(s) with which you are affiliated for any purpose; provided, however, that if you designate uploaded User Content as “personal” (or equivalent) immediately after uploading it, such User Content shall be deemed to have initially be designated as “personal” (or equivalent). By using the Web Site you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Web Site is not under the school collective’s control and the school collective is not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk.

(b) You shall be solely responsible for the User Content that you submit, for labeling any such User Content as original work that you have done yourself or as un-original work that you have obtained through a third party, whether through the school collective or other sources (but with permission for use on the Web Site in the manner described in these Terms), and the consequences of posting or publishing it. You represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize the school collective and those other users of the Web Site and applicable schools that you designate as permitted to use such User Content, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content you designate as anything other than “personal” (or equivalent) to enable inclusion and use of the User Content as the school collective deems appropriate; and (ii) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and use of the User Content in the manner contemplated by the Web Site and these Terms. By submitting the User Content to the school collective, you hereby grant the school collective a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish and perform the User Content in connection with the Web Site and the school collective's (and its agents, affiliate’s and successor's) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Web Site and applicable schools a worldwide, non-exclusive, royalty-free, irrevocable and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish and prepare derivative works of, display and perform such User Content your User Content that is labeled as anything other than “personal” (or equivalent) as permitted through the functionality of the Web Site and under these Terms.

(c) You agree to not use the Web Site to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official, an employee or a monitor of the school collective; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site; (vi) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (vii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant the school collective all of the license rights granted herein; (viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Web Site or any of the servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; (xi) intentionally or unintentionally violate any applicable local, state, national or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.

(d) You acknowledge that the school collective does not pre-screen User Content, but that the school collective and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any User Content that is available on or through the Web Site. Without limiting the foregoing, the school collective and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or User Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or User Content created by the school collective or submitted to or appearing on the Web Site.

(e) You acknowledge and agree that the school collective may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content violates the rights of any third parties; or (iv) protect the rights, property or personal safety of the school collective, its users and/or the public.

(f) the school collective does not endorse any User Content or any opinion, recommendation or advice expressed therein, and the school collective expressly disclaims any and all liability in connection with User Content. the school collective does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and the school collective will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. the school collective reserves the right to remove Content and User Content without prior notice. Without limiting the school collective’s right to cause the termination of a User Account for any or no reason, the school collective will also cause the termination of a User Account if he or she is determined to be a repeat infringer. A repeat infringer is a user of the Web Site who has been notified of infringing activity more than twice and/or has had User Content removed from the Web Site more than twice. the school collective also reserves the right to decide whether User Content is appropriate and complies with these Terms for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. the school collective may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

(g) If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law”; and (vi) the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Please also sign the submission that you make to the Copyright Agent. the school collective's designated Copyright Agent to receive notifications of claimed infringement is: DMCA Agent, 315 New Street, Unit 124, Philadelphia, Pennsylvania 19106 , email: info@theschoolcollective.com. For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the school collective customer service through www.theschoolcollective.com/?page=support. You acknowledge that if you fail to comply with all of the requirements of this Paragraph 8(g), your DMCA notice may not be valid.

9. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are the school collective’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. the school collective is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of the school collective that may be referred to on the Web Site are the property of the school collective. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the school collective’s trademarks or service marks without the school collective’s prior written permission. the school collective aggressively enforces its intellectual property rights. Neither the name of the school collective nor any of the school collective other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without the school collective’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 7(b) above may use the name “the school collective” in or as part of that link.

If you believe that any Content or User Content on the Web Site violates any intellectual property right of yours other than a copyright right (which is covered by Paragraph 7 above) please contact the school collective at the address, email address or telephone number set forth at the bottom of these Terms.

10. LOCAL LAWS. the school collective makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. the school collective is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site shall be deemed solely based in the Commonwealth of Pennsylvania, and the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over the school collective, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

11. AVAILABILITY. Information that the school collective publishes in the Web Site may contain references or cross-references to products, programs or services of the school collective that are not necessarily announced or available in your area. Such references do not mean that the school collective will announce any of those products, programs or services in your area at any time in the future. You should contact the school collective for information regarding the products, programs and services that may be available to you, if any.

12. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to the school collective, to the business of the Web Site’s Internet service provider, or to other information providers.

13. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to the school collective’s Web Site Privacy Policy.

14. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the school collective’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Your Consent To This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. These Terms of Service, together with the school collective’s Web Site Privacy Policy and any other legal notices published by the school collective on the Web Site, shall constitute the entire agreement between you and the school collective concerning the Web Site. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email info@theschoolcollective.com or by sending your comments to:

the school collective, LLC
315 New Street, Unit 124
Philadelphia, Pennsylvania 19106
Attn: Customer Care – Web Site
(415) 637-4127
info@the school collective.com

Copyright © 2010. the school collective. All Rights Reserved.

EFFECTIVE AS OF: FEBRUARY, 2010
LAST UPDATED: FEBRUARY, 2010

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