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TERMS OF USE
PRIVACY POLICY
DMCA Compliance Notice
TERMS OF USE
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www.HomeschoolBlogger.com
(“Website”) appreciates your interest in using our website.
Use of Website constitutes agreement with the following Terms of Use
(“Terms of Use”).
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Users. Any
person accessing or using Website is a “User” for purposes of
the Terms of Use, whether or not User has created a personal
account or posted information on Website.
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General Disclaimer. Website contains weblogs (“Blogs”),
message boards, facts, views, opinions, statements, recommendations,
advertisements, promotions and other content and links to external
websites not owned or controlled by Website or its parent company, The Old
Schoolhouse Magazine, LLC (“Company”) (collectively, “Website Content”).
Company and Website make no warranties or representations as to the accuracy,
safety or value of Website Content created, published, displayed, uploaded,
downloaded or distributed in, on or through Website or other Company
publications, including without limitation other websites owned by Company,
and assume no liability or responsibility for errors or omissions in Website
Content. Website and Company accept no responsibility for the actions of any
User or third party or for Website Content created, provided, uploaded, linked
or posted by any User or third party, including without limitation the content
of Blogs or message boards or comments posted in response to Blogs or on message
boards. Website Content does not necessarily reflect the views, opinions or
recommendations of Company or Website and any reliance upon Website Content is
taken at User’s sole risk.
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Acceptance of
Terms of Use. Use of Website indicates User’s complete
acceptance of and agreement to be bound by the Terms of Use.
Website is owned and operated by Company and provided for use by
individual Users pursuant to the specific terms and conditions
of the Terms of Use and other policies, rules, procedures and
practices established, posted and modified by Company and
Website from time to time.
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Description of
Service. Website provides User with various publishing and
community services, including without limitation the
opportunities to register for a personal account with Website,
create a hosted Blog on Website, post information and comments to various
portions of Website, participate in Internet-based discussions
and access Website Content. Website will post notices describing
all relevant fees, terms, conditions and requirements. Only
Users who register for a personal account with Website and click
“I AGREE TO THE TERMS OF USE” are permitted to create, provide,
upload, link or post Material (as defined in Paragraph 14) on
Website. User is personally responsible for obtaining, providing
and maintaining (a) access to the Internet, including without
limitation payment of telephone, cable or other connection and
service fees associated with Internet access and (b) all
equipment required to access and use Website and the Internet,
including without limitation access to a computer and modem.
Company and Website accept no responsibility or liability for
the ability or inability of any User to access Website. Company
and Website do not control Website Content and accept no
responsibility for the actions of Users or third parties or for
Website Content provided, uploaded, linked or posted by Users or
third parties, including without limitation the content of Blogs
or comments posted in response to Blogs.
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Personal Use
Only. Website and related services are made available to
User for personal, non-commercial use only. User may create,
provide, upload, link or post Material only in and on permitted
portions of Website and may only edit, alter, overwrite, block
or delete Website Content (a) originally created, provided,
uploaded, linked or posted by User and (b) pursuant to the
express provisions of the Terms of Use and other posted Website
policies, rules, procedures and practices. User may not frame or
otherwise alter the appearance or functionality of Website. User
may not use Website or an individual User account, Blog, comment
or Material created, provided, uploaded, linked or posted by
User to sell or advertise a product or service, including
without limitation other Internet websites or businesses,
without the advance written consent of Company and Website.
Company and Website reserve the sole, exclusive and
discretionary right to determine what constitutes “selling” and
“advertising” on Website. User may not take, appropriate,
publish, reproduce, or use all or any part of Website, with the
exception of Material originally created by User, for any
purpose without the advance written consent of Company, Website
or the legal owner of the relevant Website Content or Material.
Users interested in advertising a product, service, business or
website on Website should contact the site administrator via
e-mail at hsbadmin@homeschoolblogger.com
5.1 No Mirroring. Use of Website
to “mirror” another website, including without limitation another blog,
or to point, direct, refer or channel readers from Website to another
website or blog, whether or not owned or operated by the User, is
expressly forbidden by these Terms of Use and grounds for immediate
cancellation of both the violating Blog and the User’s personal account.
Users may not create or use Website, User Accounts or Blogs for purposes
of advertising, promoting, or directing readers, other users or third
parties to websites or blogs hosted, posted or operated by the User at
URLs which are not part of HomeschoolBlogger. This paragraph shall not
apply to standard sidebar links or internal links and references contained
in articles and blog entries posted by Users for purposes of referencing
individual websites or blogs owned and operated by third parties other
than the linking User, and is intended specifically to prevent Users from
creating Blogs on Website for purposes of promoting or directing traffic
to those Users’ other, independent blogs and websites.
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Changes to
Terms of Use. Company and Website may change the Terms of
Use from time to time and will notify Users of significant
changes in the Terms of Use by posting a notice on Website.
Minor changes to the Terms of Use will be posted in the “Terms
of Use” section of Website. Users are responsible for reviewing
the Terms of Use regularly. Use of Website indicates User’s full
and complete agreement to each and every one of the current
Terms of Use as if User had signed a written document containing
the Terms of Use.
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Modifications
of Service. Company and Website reserve the sole and
exclusive right to change, suspend or terminate
www.HomeschoolBlogger.com and all related websites and services
at any time and from time to time with or without prior notice.
Company and Website are not liable to User or any third party
for any change to, suspension or termination of Website or
related websites and services.
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Loss of
Information. Company and Website assume no responsibility or
liability for deletion of or failure to store Website Content or
Material created, provided, uploaded, linked or posted in, on or
through Website. Company and Website have no fixed limit on the
amount of Material a User may create, provide, upload, link or
post but retain the exclusive, discretionary right to create,
implement and enforce these or other limitations at any time,
with or without cause or prior notice.
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Right to
Terminate Service. Company and Website reserve the right to
(a) suspend or terminate all or any part of the password,
account, Blog, use privileges and Website access of any User and
(b) suspend, delete, block out or eliminate any Website Content
at any time and for any reason, including without limitation a
determination by Company or the Website administrator that a
User has engaged in conduct which violates the letter or spirit
of the Terms of Use or any other Website policy, rule, procedure
or practice. Suspension, termination, deletion, blocking and
similar actions may be temporary or permanent at the sole
discretion of Company and Website. User understands and agrees
that suspension and termination rights referenced in the Terms
of Use may be exercised at any time with or without cause or
prior notice and may include full deactivation or deletion of
all Material and Website Content, including without limitation
files created, provided, uploaded, linked or posted by User.
Company and Website have no responsibility to provide User with
copies of any suspended, deleted, blocked, terminated or
eliminated Material or Website Content.
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Privacy Policy.
The Terms of Use include and incorporate the terms of the
www.HomeschoolBlogger.com Privacy Policy (“Privacy Policy”) which is
incorporated by this reference as if fully set forth herein.
Company and Website respect the privacy of Users. Company and
Website will not disclose, edit or monitor the name or contact
information of any User except as reasonably required (a) by law
or to comply with legal process served on Company or Website,
(b) to comply with the Terms of Use, Disclaimer, Privacy Policy
and other Website policies, rules, procedures and practices, (c)
to develop, improve, operate, maintain and debug Website or (d)
to protect and defend the rights, property and personal safety
of Company, Website, Users or members of the public.
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Passwords and
Security. Users who register for a personal account with
Website will receive a password and other account information,
some of which may be selected or provided by User. User is
completely responsible for all activities occurring under or
arising out of personal accounts registered to, for or by User,
with no exceptions. User agrees to immediately notify Website of
any unauthorized use of User’s personal account or any other
known breach of the Terms of Use. User is completely responsible
for maintaining the confidentiality and security of passwords
and personal account information. User may change the password
assigned to User’s personal account pursuant to instructions
posted on Website. User may close existing personal accounts and
set up new personal accounts at will, provided that a User may
not close an existing personal account or open a new personal
account (a) for any reason or purpose which would violate or
circumvent the Terms of Use or any posted policy, rule,
procedure or practice of Website or Company, (b) to commit any
illegal act or misrepresent the identity of User or any third
party or (c) to re-establish an account or access to Website by
or on behalf of any individual whose use privileges have been
suspended or terminated by Company or Website for any reason.
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Advertising and
Promotions. Website may feature Website Content, including
without limitation advertisements and promotions, by or from
third parties not owned or operated by Company and Website. User
agrees to the publication and display of advertisements and
promotions on all portions of Website, including without
limitation portions of Website displaying Material or Website
Content created, provided, uploaded, linked or posted by User.
User agrees not to block, interfere or attempt to block or
interfere with any Website Content. User understands and agrees
that User is not entitled to editorial control, compensation or
consideration of any kind relating to or arising out of Website
Content. User may contact, communicate, contract with or
participate in promotions offered by advertisers and other third
party providers of Website Content. USER HEREBY RELEASES COMPANY
AND WEBSITE FROM ANY AND ALL LIABILITY RELATING TO CONTACT,
COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN USER
AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED BY COMPANY,
INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF
GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND
REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR
OTHER THIRD PARTIES. Company and Website assume no
responsibility, obligation or liability for contacts,
communications, contracts, promotions or relationships between
User and any advertiser or other third party.
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Profanity
Filter. User understands and agrees that Company and Website
may employ an automatic, electronic “profanity filter” in order
to enforce provisions in the Terms of Use prohibiting the use of
profane and obscene language. User understands that use of the
profanity filter may result in deletion or elimination of
profane and obscene language, failure to delete or eliminate all
profane or obscene language and the unintentional deletion or
elimination of language which is neither profane or obscene and
agrees to hold Company and Website harmless from and against all
responsibility and liability resulting from or arising out of
the proper or improper functioning of the profanity filter.
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User
Responsibility for Use and Content. User understands and
agrees that Company and Website do not control Website Content
and that User is completely responsible for all information,
data, text, messages, original or derivative ideas, works of
authorship, joint works, titles, captions, music, sound,
graphics, artistic works, photographic works, video, concepts,
methods, improvements, designs, discoveries, ideas, software,
websites, trademarks, trade dress and trade secrets, whether or
not patentable or registerable under patent, copyright,
trademark or similar laws, solely or jointly conceived, and
whether or not produced, developed, experimented upon or reduced
to practice (collectively, “Material”) and other Website Content
created, provided, uploaded, linked or posted by User. Company
and Website neither endorse nor accept any responsibility for
the acts, omissions, Material and other Website Content created,
provided, uploaded, linked or posted by User or any third party,
whether or not permitted or covered by the Terms of Use.
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User Conduct.
Use of Website by User is subject to the Terms of Use, posted
policies, rules, procedures and practices of Website and
applicable law. User is completely responsible for all Material
and Website Content created, provided, uploaded, linked or
posted by User or by any person using a personal account
registered to, by or on behalf of User. User hereby agrees:
(a) to comply with the laws of the United States and the state
of California, including without limitation laws governing the
transmission of technical data exported from the United States
through the Internet and other electronic media;
(b) to comply with all posted policies, rules, procedures and
practices of Company and Website, including without limitation
each and every provision of these Terms of Use;
(c) not to disrupt, interfere with or access without permission
(“hack”) Website or any website, network, server, system or
computer connected to Website;
(d) not to use Website or the name of Website or Company for or
in connection with chain letters, junk mail or spamming and not
to contact any other User without his or her prior written
consent;
(e) not to create, provide, upload, link, post or transmit any unlawful, harassing, defamatory, libelous, abusive, offensive, inappropriate,
sexually explicit, threatening or harmful Material or information on, to or through Website;
(f) not to create, provide, upload, link, post or transmit any
Material or information on, to or through Website which
encourages or incites conduct which gives rise to actual or
potential criminal or civil liability or violates applicable
law;
(g) not to knowingly create, re-create, provide, upload, link,
post, re-post or comment on deleted or banned Material, warning
letters, sanctions or private communications from Company,
Website or their legal counsel; and
(h) not to intentionally interfere with the operation of Website
or the use and enjoyment of Website by other Users or third
parties.
Company and Website reserve the right to immediately delete any
Website Content or Material and to terminate the access, use
privileges and account of any User whose conduct fails to
conform to the Terms of Use.
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Representations
and Warranties of User. User hereby represents and warrants
to Company and Website that
(a) User is agreeing to the Terms of Use, creating a User
account, accessing and/or using Website voluntarily and no
person or entity, including without limitation Company or
Website, has made any promises, threats or representations of
any kind in order to encourage, induce or force User to agree to
these Terms of Use, create a User account, access or use
Website;
(b) User is (i) over the age of eighteen (18) and has the capacity
and authority to agree to the Terms of Use, or (ii) the parent or
guardian of a minor child, who has the capacity and authority to
agree to the Terms of Use, has agreed to accept full and sole
responsibility for his or her minor child’s use of Website and to
ensure that his or her minor child uses Website in accordance with
the Terms of Use, and who has completed and returned the
Website Parental Consent form;
(c) Compliance with the Terms of Use will not, now or in the
future, violate the terms of any other contract or agreement to
which or by which User is bound or legally obligated;
(d) User will not deliberately create, publish, provide, post,
display, upload or distribute Material, information or Website
Content in, upon, over or through Website or any related
websites, publications and services owned by Company which is
dishonest, plagiarized or inaccurate;
(e) Material created, published, provided, posted, displayed,
uploaded and distributed by User does not and will not infringe,
violate or conflict with the intellectual property or other
rights of any person or entity, including without limitation
rights of patent, copyright, trademark, trade secret and rights
to proprietary works;
(f) User will not create, publish, provide, post, display,
upload or distribute Material or information in, upon, over or
through Website or any related websites, publications and
services owned by Company which (i) is in any way tortious,
abusive, defamatory, libelous, obscene, incitement to an illegal
act, (ii) illegally infringes upon the privacy or contract
rights of any person or entity or (iii) violates the law of any
state, the United States or the Berne Convention.
(g) User will not engage in any conduct or create, publish,
provide, post, display, upload or distribute Material or
information in, upon, over or through Website or any related
websites, publications and services owned by Company in which
User (i) impersonates any person or entity, including without
limitation an employee or officer of Company or an administrator
of Website, (ii) falsely states or misrepresents User’s identity
or affiliation with any person or entity, (iii) contains or
results in the generation or transmission of software viruses or
computer code, files or programs designed to interrupt, destroy
or negatively alter the nature, use or function of any computer
hardware, software, server, system, network or
telecommunications equipment.
(h) User will properly cite and identify the sources of all
Material and information created, published, provided, posted,
displayed, uploaded or distributed in, upon, over or through
Website or any related websites, publications and services owned
by Company, will retain copies of all sources cited or
referenced and will support or verify User’s rights to use
copyrighted or other protected Material at the request of
Company or Website.
(i) User has not and will not solicit, receive or accept
payment, compensation or anything of value from any third party
in exchange for inserting, using or recommending a name, product
or other content in Material or information created, published,
provided, posted, displayed, uploaded or distributed in, upon,
over or through Website or any related websites, publications
and services owned by Company or Website except as disclosed and
approved in advance by Company.
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Acknowledgement
of Potentially Offensive Content. User understands that use
of Website, related websites and services may result in exposure
to Website Content that User finds offensive, indecent or
objectionable and agrees to hold Company and Website harmless
from and against any responsibility or liability for offensive,
indecent or objectionable content and conduct.
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Indemnity.
User agrees to indemnify Company and Website against any and all
claims, losses, liabilities, damages, demands, suits, causes of
action, judgments, costs and expenses, including without
limitation court costs and attorneys’ fees resulting from or
arising out of any breach of these Terms of Use by User or any
third party using a personal account registered to, by or on
behalf of User.
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Retention of
Intellectual Property Rights. User will retain the
intellectual property rights to Material created by User on
Website except as otherwise provided in the Terms of Use or by
applicable law. User may not make any claim to ownership of
Website Content, Material, property or rights belonging to
Company, Website or any third party, whether or not wrongfully
used, appropriated or infringed by User.
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User
Suggestions. Company and Website do not accept or consider
unsolicited ideas, suggestions or proposals relating to the
operations, organization, publications or other property of
Company and Website (collectively “Ideas”). User understands and
agrees that (a) any Idea sent to Company or Website, posted on
any portion of Website or included in Website Content will be
considered non-proprietary, non-confidential and fully released
for use by Company and Website, (b) Company and Website have no
obligation or liability to User or any third party relating to
or arising out of the use, nonuse, disclosure, publication or
receipt of any Idea and (c) Company and Website may use Ideas
for any purpose, including without limitation commercial uses,
free of charge and without liability, restriction or
compensation to the submitting User.
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Proprietary
Content. User understands and agrees that Material and
Website Content not specifically created, uploaded or posted by
User belongs to Company, Website or other third parties and is
protected by patent, copyright, trademark, trade dress, service
mark, intellectual property law or other applicable law and that
User is only permitted to use Material and Website Content not
belonging to User pursuant to the provisions of the Terms of Use
or as specifically authorized in writing by the owner of the
Material or Website Content. User may not reproduce, copy,
publish, distribute or create derivative works based upon
Material or Website Content owned by Company, Website or third
parties without the prior written consent of the legal owner of
the Material or Website Content. Company and Website will not
(a) act as an intermediary for User to obtain permission to use
Material or Website Content, (b) mediate or resolve disputes
between Users and third party owners of Material or Website
Content or (c) accept responsibility or liability for wrongful
use of Material or Website Content by any User.
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Grant of
License. User hereby grants Company and Website permanent,
non-exclusive rights to publish and distribute Material and
Website Content created, provided, uploaded, linked and posted
by User in electronic format pursuant to the Terms of Use. This
grant of rights includes the rights to (a) publish, post,
archive and distribute Material and Website Content on Website
and any affiliated or successor websites owned and operated by
Company, (b) electronically publish and distribute Material
through the Internet, Website, affiliated websites, an RSS feed
or similar service and by e-mail, (c) share Material with other
websites selected by Company and Website which share mutual
objectives (“Partner Websites”), (d) permit and license Partner
Websites to publish and distribute Material in electronic format
on the same terms as Company and Website, provided that Partner
Websites must always identify the origin of all Website Content
and link back to Website and (e) use reasonable portions of
Website Content in connection with advertising and promotional
activities.
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Acceptance of
Risk. Material and Website Content downloaded, obtained or
accessed from or through the use of Website is downloaded,
obtained and accessed at the sole discretion, risk and
responsibility of User. User agrees to accept sole
responsibility and liability for any damage to User’s computer,
hardware, operating system, software, network, server and
Internet service, including without limitation destruction, loss
or corruption of data files, resulting from using, downloading,
obtaining or accessing Website and Website Content.
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DMCA Compliance.
The Terms of Use include and incorporate the
www.HomeschoolBlogger.com DMCA Compliance Notice (“DMCA
Notice”) which is incorporated by this reference as if fully set
forth herein. Company and Website support the Digital Millenium
Copyright Act (“DMCA”) and the protection of intellectual
property rights pursuant to the laws of the United States,
individual states and the Berne Convention for the Protection of
Literary and Artistic Works (“Berne Convention”).
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User Right to
Terminate Account. User may terminate personal accounts
registered to, by or on behalf of User at any time. If User
objects to any of the Terms of Use or any other policies, rules,
procedures and practices established, amended or posted by
Company or Website from time to time the only remedy or recourse
available to User is to immediately cancel all personal accounts
registered to, by or on behalf of User and discontinue use of
Website. Access and use privileges terminate immediately upon
cancellation or termination of a User account. User has no
right, and Website and Company have no obligation, to delete or
to continue to post Material or Website Content provided by
User, to forward any unread or unsent messages to User or to
provide User with information, access or service of any kind
during suspension or following termination of an account
registered by, for or on behalf of User, regardless of the
reason for suspension or termination.
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Company and
Website Rights to Delete or Terminate. Company and Website
reserve the absolute, discretionary right to terminate, delete,
modify or restrict access to (a) any and all Website Content,
including without limitation User Blogs and (b) all User
accounts at any time with or without cause or prior notice. User
agrees to the terms of this Paragraph 26 without reservation.
User understands and agrees that the right of Company and
Website to terminate, delete, modify and restrict access to
Website Content and to terminate Website and related services at
any time, with or without cause or prior notice is a vital,
non-negotiable part of these Terms of Service.
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DISCLAIMER OF
WARRANTIES. USER AGREES TO USE WEBSITE AT USER’S SOLE RISK
AND RESPONSIBILITY. ACCESS TO WEBSITE, RELATED WEBSITES AND
SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY AND WEBSITE
SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY
WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKE NO
WARRANTY OR REPRESENTATION THAT WEBSITE, RELATED WEBSITES OR
SERVICES (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL
BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK,
OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER
TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE,
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR
ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE
REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE
OR OMISSION. COMPANY AND WEBSITE MAKE NO WARRANTY AND ACCEPT NO
RESPONSIBILITY OR LIABILITY FOR MATERIAL, INFORMATION, ADVICE,
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH WEBSITE OR
RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. THIS
DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A
WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF
COMPANY WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS
OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY
OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION
OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM COMPANY OR WEBSITE.
EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS
DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY
JURISDICTION.
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LIMITATION OF
LIABILITY. COMPANY AND WEBSITE DISCLAIM ANY AND ALL
RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY,
LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY
AND CONTENT OF ANY AND ALL WEBSITE CONTENT. COMPANY AND WEBSITE
DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES
ARISING OUT OF, RESULTING FROM OR RELATING TO USER OR ANY THIRD
PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING,
DISTRIBUTING, ACCESSING OR USING ANY AND ALL WEBSITE CONTENT.
COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND
LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION,
MISDELIVERY OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT.
COMPANY AND WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY,
RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR LACK OF USE
OF WEBSITE OR ANY WEBSITE CONTENT, (B) MATERIAL, INFORMATION,
ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A
RESULT OF WEBSITE OR ANY WEBSITE CONTENT, (C) MESSAGES SENT,
RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND
ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED
ACCESS TO WEBSITE OR A PERSONAL ACCOUNT REGISTERED TO, BY OR ON
BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND
WEBSITE CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED,
LINKED OR POSTED BY USERS OR THIRD PARTIES OR (E) ANY OTHER
CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED
BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
OF COMPANY OR THE ADMINSTRATORS OF WEBSITE. EXCLUSIONS AND
DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT
APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF
USERS MAY VARY BY JURISDICTION.
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No Other
Agreements. The Terms of Use represent the only, final,
complete and exclusive understanding between User, Company and
Website and supersede any prior or contemporaneous oral or
written agreements between User, Company and Website. User has
no relationship, agreement or rights relating to Company and
Website except as expressly stated in the Terms of Use. The
Terms of Use may only be modified by a written instrument
approved in writing or executed by an authorized representative
of Company which specifically states that it modifies the Terms
of Use.
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Construction,
Jurisdiction, Venue. User, Company and Website understand
and agree that the Terms of Use were written in and will be
construed and enforced in accordance with the laws of the State
of California and that User’s acceptance of the Terms of Use is
taking place within the State of California. User agrees to
submit to the personal jurisdiction of the Federal or state
courts located in Sacramento, California for purposes of any
legal action commenced under or arising out of the Terms of Use,
Website or use of Website by User.
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Legality,
Modification. Nothing contained in the Terms of Use will be
interpreted to require the commission of an illegal act or a
violation of applicable law. If any conflict arises between the
Terms of Use and applicable law the latter will prevail, the
relevant provisions of the Terms of Use will be deleted,
modified or limited to the limited extent necessary to comply
with law and all other provisions of the Terms of Use will
remain in full force and effect.
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Notice.
Notices must be made in writing. Company and Website may provide
valid, effective notice to User by posting or broadcasting
notices on Website or related websites owned and operated by
Company. Notices posted on Website are deemed given when posted.
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No Waiver.
Failure to enforce any provision of the Terms of Use does not
and will not constitute a waiver of the right to enforce the
same or any other provision against the same or any other User
in any subsequent situation.
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Survival.
Any provisions which are reasonably required in order to fully
enforce the Terms of Use will survive termination of a User’s
personal account or User access to Website.
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Acceptance by
User. User understands and agrees that use of Website
indicates full and complete agreement to each and every one of
the Terms of Use as if User had signed a written document
containing the same.
PRIVACY POLICY -top
www.HomeschoolBlogger.com (“Website”) is owned and operated by its
parent company, The Old Schoolhouse Magazine, LLC (“Company”).
Company and Website are strongly committed to protecting the
personal privacy of all Users. For purposes of this
www.HomeschoolBlogger.com Privacy Policy (“Privacy Policy”) any
person accessing or using Website is a “User” whether or not the
User has created a personal account or posted information on
Website.
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No Sale of
Information. Company and Website will not transfer, sell,
trade, rent, barter or otherwise disclose personal identifying
information provided by a User (“Personal Information”) except
pursuant to the www.HomeschoolBlogger.com Terms of Use (“Terms
of Use”), this Privacy Policy or written permission from the
relevant User.
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Purpose
and Applicability. This Privacy Policy is incorporated into
and subject to the provisions of the Terms of Use. Company and
Website have implemented this Privacy Policy to explain (a)
information gathered from and about Users by Company and Website
and potential uses of that information, (b) User options with
regard to disclosure and use of Personal Information and (c) the
ability of User to correct, withdraw or delete Personal
Information about or belonging to User. This Privacy Policy
applies only to Website. Other websites owned by Company and
websites owned or operated by third parties may contain similar
or different privacy policies. This Privacy Policy does not
apply to any person, entity, organization, or website to or from
which Website links or is linked. Users are strongly encouraged
to read and regularly review posted privacy policies on all
websites, whether or not owned by Company or affiliated with
Website.
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No Unsupervised
Minors. Company and Website are concerned about safe,
supervised use of the Internet by Minors. For purposes of this
Privacy Policy and the Terms of Use “Minor” means any natural
person under the age of eighteen (18) years. Company and Website
do not knowingly collect information from Minors, permit Minors
to register for personal accounts with Website or permit Minors
to access Website without adult supervision and the consent of a
parent or legal guardian. Use of Website constitutes a warranty
that the User (a) is not a Minor or (b) is a Minor using Website
with the full knowledge, supervision and consent of his or her
parent or legal guardian. Company and Website strongly encourage
parents and legal guardians to review the Terms of Use and other
posted Website policies, rules procedures and practices
carefully and to monitor use of the Internet, including Website,
by their Minor children. Company and Website reserve the right
to block or terminate the account access of any User suspected
or determined to be a Minor using Website without the
supervision and consent of his or her parent or legal guardian.
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Cookies and
Collection of User Information. Users may browse and read
general Website content without revealing Personal Information
other than default information customarily logged by Website and
its host server. Company, Website and the host server may
automatically collect information from all Users who access
Website, including without limitation:
(a) Date and time of access;
(b) The originating IP address from which User accessed Website;
(c) The Internet address of third-party websites from which User
accessed or linked to Website; and
(d) Pages and portions of Website the User views or accesses.
Company and Website collect this information through the use of
Cookies. “Cookies” means text files with electronic identifiers
which store and retrieve information from and about Users,
permitting Website to recognize returning Users, track use of
Website and maintain customized Internet webpages and
preferences. Session Cookies expire when a User exits the
Internet browser. Persistent Cookies remain on a User’s computer
for a given time or until deleted. Company and Website use both
session Cookies and persistent Cookies. The Cookies used by
Company and Website do not collect personally identifiable
information. Company and Website do not combine information
collected from or through the use of Cookies with other Personal
Information to determine the identity or email address of Users
without the individual User’s express consent. Company and
Website collect and periodically review information collected
using Cookies in order to provide access to Website and related
services, to review and evaluate the popularity and
functionality of Website and related services, to establish
priorities and allocate resources associated with Website and
related services and for other internal informational purposes.
Company and Website may also use Cookies, web beacons or other
programs to determine, on an anonymous basis, which portions of
Website are most frequently accessed by Users. Users who wish to
create Blogs, post comments or actively use other services
available through Website may be required to provide contact,
identity and other Personal Information as part of the account
creation, login and posting processes. Users always have the
option to choose not to use services or features which require
individuals to provide specific Personal Information.
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Collection of
Personal Information at Account Creation. Company and
Website permit individual Users to register for and use personal
accounts pursuant to the Terms of Use and other policies, rules,
procedures and practices established, posted and modified by
Company and Website from time to time. As part of the account
creation process Company and Website may ask for specific
Personal Information about User, including without limitation
the User’s name, age, address, e-mail address, login name and
password. Company and Website require this information in order
to create and maintain a personal account for or on behalf of
User and to provide User with access to certain services offered
by or areas of Website. Company and Website may use Cookies and
other available technology to remember User preferences and
customized settings, facilitate User access to Website and
verify User access to personal accounts.
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E-Mail Contact.
Users who register for a personal account must provide Company
and Website with a valid e-mail address and other identifying
Personal Information. Company and Website may use this Personal
Information from time to time in order to contact Users for
purposes of updating required information and providing
important information about (a) services offered by Company and
Website (b) changes to Company and Website policies, rules,
procedures and practices and (c) User’s personal account.
Company and Website do not and will not sell or disclose User
names or e-mail addresses to third parties and do not engage in
“spamming” or other unsolicited e-mail contact for purposes of
marketing, advertising or sales.
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Nondisclosure
of Private Information. Company and Website will not sell or
disclose the Personal Information of any User except as
reasonably required (a) by law or to comply with legal process
served on Company or Website, (b) to comply with the Terms of
Use, Disclaimer, Privacy Policy and other Website policies,
rules, procedures and practices, (c) to develop, improve,
operate, maintain and debug Website or (d) to protect and defend
the rights, property and personal safety of Company, Website,
Users or members of the public.
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User Access to
Personal Information. Each User may access his or her own
Personal Information and account information for the limited
purposes of viewing, verifying, altering or updating Personal
Information provided to Company and Website. Company and Website
reserve the right to keep copies of all information provided to
Company and Website.
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Links to Other
Websites. Website may contain links to other Internet
websites (“External Links”). External Links may be provided by
advertisers, Users or other third-party content providers not
related to or affiliated with Company or Website. Company and
Website have no control over third-parties or their websites,
whether or not those websites link to or from Website. This
Privacy Policy, along with the Terms of Use, Disclaimer and
other Website policies, rules, procedures and practices apply
only to Website and do not apply to any External Links or linked
sites. Users are advised and strongly encouraged to carefully
review and understand the individual privacy policies of other
websites. Company and Website accept no responsibility or
liability for the privacy policies or actions of third parties
or for information provided to third parties, whether or not
linked to or accessed through Website.
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Privacy Rights.
Personal Information and other information posted or linked to
or otherwise incorporated in Website may be owned by third
parties and subject to a variety of legal rights, including
without limitation privacy and publicity rights. Use of
information appearing on Website is subject to the Terms of Use
and applicable law. Use of information appearing on Website
without the permission of the owner may result in liability for
a variety of claims, including without limitation claims for
violation of privacy rights. No person may use or commercially
exploit the rights of the subject of an interview, document,
article, Blog, e-mail, photograph or other form of
communication, whether or not containing visual representations,
without the consent of the subject, except as permitted by the
Terms of Use or applicable law.
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Changes to
Privacy Policy. Company and Website reserve the right to
change the Privacy Policy from time to time, with or without
cause or prior notice. Company and Website will post all changes
to the Privacy Policy on Website. Changes to the Privacy Policy
are effective immediately upon posting. Users are responsible
for reviewing the Privacy Policy regularly. Use of Website
indicates User’s full and complete agreement to the terms of the
Privacy Policy as if User had signed a written document
containing the Privacy Policy. Use of information gathered by or
in the possession of Company and Website is subject to the
Privacy Policy as in effect at the time of use.
DMCA Compliance Notice
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The www.HomeschoolBlogger.com
Terms of Use (“Terms of Use”) include and incorporate this www.HomeSteadBlogger.com
DMCA Compliance Notice (“DMCA Notice”).
1.Expectation of Compliance. The Old Schoolhouse Magazine, LLC (“Company”)
and www.HomeschoolBlogger.com (“Website”)
support the Digital Millenium Copyright Act (“DMCA”) and the protection
of intellectual property rights pursuant to the laws of the United States, individual
states and the Berne Convention for the Protection of Literary and Artistic Works
(“Berne Convention”). Company and Website expect every person accessing
or using Website (“User”) to comply with the intellectual property
laws of the United States, individual states and the Berne Convention.
2.Infringement Notice. If you are a copyright holder and believe your copyrighted
work has been posted, linked, uploaded or otherwise made available on Website
in a manner which constitutes copyright infringement you may notify Company and
Website by sending a written notice to our copyright agent (“Infringement
Notice”). A valid Infringement Notice must comply with the requirements
of U.S. law, including without limitation the requirement that a valid notice
must contain:
(a) A description of the copyrighted work the notice writer believes has been
infringed and a description of the allegedly infringing activity.
(b) Identification of the location where the original or an authorized copy
of the copyrighted work exists (e.g. a URL for a website hosting the work or identification
of the published or printed work in which the copyrighted work appears).
(c) The specific location (URL / permalink) where the infringing material appears
on Website, including enough information to enable Company and Website to locate
the infringing material.
(d) A statement that the person sending the notice has a good faith belief
the copyrighted material is being used on Website in an illegal manner, without
the authorization of the copyright holder or any agent and without a valid legal
defense.
(e) The name, address, telephone number and email address of the notice writer.
(f) A statement, made under penalty of perjury, that all of the information
contained in the Infringement Notice is accurate and that the notice writer is
either the copyright owner or an agent with legal authority to act on behalf of
the copyright owner.
(g) The electronic or physical signature of the copyright owner or an individual
authorized to act as the agent of the copyright owner.
3. Agent for Notice. Company and Website have appointed the following individual
as their agent for notice of claims of copyright infringement:
By mail: Gena Suarez
The Old Schoolhouse Magazine, LLC
P.O. Box 1701
Dandridge, Tennessee 37725
By phone: 530.906.9347
By email: Copyright@TheHomeschoolMagazine.com
Do not use this information for any purpose other than reporting claims of copyright
infringement. The agent listed above will not return, forward or reply to communications
on any other subject. |