Terms and Conditions
Last updated June 6, 2011
Thank you for your interest in Teaching Channel, a California Public Benefit Corporation ("Teaching Channel"). Teaching Channel owns and operates web site properties located at www.teachingchannel.org and elsewhere on the Internet (collectively referred to as the "Sites") and also provides access to downloadable videos, teaching supplements, and other educational content (the Sites, together with any other products and services provided by Teaching Channel, are collectively referred to as the "Teaching Channel Service").
1. Acceptance of the Terms.
A. Additional Policies. The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies, which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Teaching Channel Service.
C. Idea Submissions Policy. Your feedback is important to us. Our Idea Submissions Policy, which describes the terms on which we accept submissions, is available here.
2. Accessing the Teaching Channel Service.
A. Eligibility. You must be an individual at least 13 years old to use the Teaching Channel Service. By accessing our Sites or any other features of the Teaching Channel Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Teaching Channel Service.
B. Access. Teaching Channel grants you permission to access and use the Teaching Channel Service as set forth in these Terms and consistent with the intended features of the Teaching Channel Service, provided that: (i) you use the Teaching Channel Service solely for personal, private, noncommercial or educational purposes and (ii) you do not engage in any of the prohibited uses described below.
3. Proprietary Rights Notice.
The Teaching Channel Service is owned and operated by Teaching Channel. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Site provided by Teaching Channel ("Teaching Channel Materials") are the valuable proprietary and intellectual property of Teaching Channel or its licensors. Teaching Channel Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. Except as expressly authorized by Teaching Channel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Teaching Channel Materials.
Teaching Channel may provide you with access to various types of "embeddable widgets", consisting of snippets of HTML code that enable you to expose certain features of the Teaching Channel Service through other web sites ("Widgets"). You may embed Widgets on web sites solely as provided to you by Teaching Channel and without modification of any kind, and in accordance with any applicable additional posted guidelines or restrictions. With the sole exception of the snippet of HTML code provided to you by Teaching Channel for inclusion on your site, you may not reproduce or distribute any Teaching Channel materials (including without limitation any image or other file) on any other website in violation of these Terms. You must ensure that any logos, branding and other visual interface elements are visible and unmodified, and that any and all links back to the Teaching Channel Service included in the Widget are implemented without modification and are functional across browsers. You may not use Widgets in a way that might confuse third parties as to the source or origin of the Widgets or the content they contain, the service the Widget connect to, or the content on the site you embed the Widget on. Further, your rights with respect to what materials you may incorporate into third party services are governed by separate terms, which may prohibit the use of Widgets. It is solely your responsibility to determine whether such use is permitted by a particular third party provider.
5. Prohibited Use Of The Teaching Channel Service.
A. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
B. Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
C. Impersonate another person or entity, or access another user's account without that user's permission;
D. Misrepresent the source, identity, or content of information transmitted via the Teaching Channel Service; or
E. Use the Teaching Channel Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing.
F. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
G. Interfere with or disrupt the Teaching Channel Service, networks or servers connected to the Teaching Channel Service, or violate the regulations, policies or procedures of such networks or servers;
H. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
I. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Teaching Channel Service, features that prevent or restrict the use or copying of any part of the Teaching Channel Service, or features that enforce limitations on the use of the Teaching Channel Service or any content therein.
6. User Submissions.
A. General. The Teaching Channel Service provides certain features which enable users to directly and indirectly post content, including text, images, audiovisual and other types of works (such as by creating a profile, posting on message boards, commenting on other users' posts, or by creating "public" alerts) ("User Submissions"), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Teaching Channel. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Teaching Channel, are entirely responsible for all User Submissions that you make available through the Teaching Channel Service.
B. No Obligation to Publish. Teaching Channel makes no representations that it will publish or make available on the Teaching Channel Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Teaching Channel Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Teaching Channel complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see "Digital Millennium Copyright Act" below).
C. License Grant by You to Teaching Channel. By submitting User Submissions to Teaching Channel, you hereby grant Teaching Channel and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the Teaching Channel Service.
D. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Teaching Channel to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
7. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Teaching Channel Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Teaching Channel Service are covered by a single notification, a representative list of such works at the Teaching Channel Service;
C. 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 Teaching Channel to locate the material;
D. Information reasonably sufficient to permit Teaching Channel to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. 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.
The Teaching Channel Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Teaching Channel, 2201 Broadway, Suite 400, Oakland, California, 94612, or by email at email@example.com. For clarity, only DMCA notices should go to the Teaching Channel Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Teaching Channel customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
8. Modification of the Terms.
9. Third Party Content and Links.
The Teaching Channel Service may contain references or links to third-party materials (including, without limitation, web sites) not controlled by Teaching Channel or its suppliers or licensors. Teaching Channel provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Teaching Channel is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Teaching Channel Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Teaching Channel Service are solely between you and such advertiser. YOU AGREE THAT TEACHING CHANNEL WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE TEACHING CHANNEL SERVICE. When you leave the Teaching Channel Service, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.
10. User Disagreements.
Your use of the Teaching Channel Service may bring you into contact with other users, and their User Content, such as through networked game play, chat, and other user communication features of the Teaching Channel Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release Teaching Channel (and Teaching Channel's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. Confidential Information.
Certain content, information or software you access through the Teaching Channel Service may contain confidential information of Teaching Channel. You agree to keep Teaching Channel information confidential by exercising the necessary care required to prevent its disclosure. Notwithstanding the above, you will not disclose, divulge, distribute, publish, transmit or transfer Teaching Channel information to any third party or use Teaching Channel information for any purpose whatsoever other than as expressly authorized by these Terms. Your obligations with respect to Teaching Channel confidential information, whether or not deemed trade secret under applicable law, remain in effect until such time as the particular information becomes publicly known through no action by you.
You agree to indemnify and hold harmless Teaching Channel and its affiliates, licensors, and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Teaching Channel Service; (ii) your User Content; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third party intellectual property rights. Teaching Channel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter that you are required to indemnify Teaching Channel for without the prior written consent from Teaching Channel. Teaching Channel will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE TEACHING CHANNEL SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY TEACHING CHANNEL), USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TEACHING CHANNEL SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEACHING CHANNEL AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TEACHING CHANNEL AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE TEACHING CHANNEL SERVICE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE TEACHING CHANNEL SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE TEACHING CHANNEL SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF THE TEACHING CHANNEL SERVICE, INCLUDING OVERUSE, IMPROPER USE, USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, OR FAILURE TO BE AWARE OF YOUR SURROUNDINGS OR KEEP A FIRM GRIP ON ANY HANDHELD DEVICE YOU USE TO ACCEESS THE TEACHING CHANNEL SERVICE, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.
14. Limitation of Liability.
IN NO EVENT WILL TEACHING CHANNEL OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE TEACHING CHANNEL SERVICE OR ITS CONTENT, INCLUDING USER CONTENT, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF TEACHING CHANNEL OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TEACHING CHANNEL OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY WHICH EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID TEACHING CHANNEL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
15. Limitations; Basis of the Bargain.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TEACHING CHANNEL, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TEACHING CHANNEL, TEACHING CHANNEL'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT TEACHING CHANNEL WOULD NOT BE ABLE TO OFFER THE TEACHING CHANNEL SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
16. Choice of Law; Forum.
These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Teaching Channel must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, for the purpose of litigating all such claims or disputes.
Teaching Channel may provide you with notices by electronic mail, regular mail or postings on the Teaching Channel Service. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Teaching Channel is notified that the electronic mail address is invalid. If notice is provided by posting through the Teaching Channel Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Teaching Channel Service. In such case, notice will be deemed given three days after the date of mailing.
This is the entire agreement between you and Teaching Channel relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Teaching Channel with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the Section 8 ("Modification of the Terms"), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Teaching Channel to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Teaching Channel as a result of these Terms or use of the Teaching Channel Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Teaching Channel other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Teaching Channel without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, and 10 through 19, and the Intellectual Property Policy.
The services hereunder are offered by:
Teaching Channel, Inc.
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.