Terms of Use

 

Terms and Conditions of Use            Effective Date: August 1, 2010

 
Welcome to Full Sail, LLC EducatorStudio.com (“Site”). This Site is offered as a service to members of the school community, including administrators, parents, and teachers. EducatorStudio.com (“EducatorStudio”), its subsidiaries and affiliates, and our family of companies appreciate your interest in this Site. The following terms and conditions of use (“TOU”) set forth the basic rules that govern your use of the Site.
 
1. Introduction
 
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU.  EducatorStudio may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU.
 
 
2. Trademarks
 
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of EducatorStudio, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of EducatorStudio or such third party licensors that may own the displayed Trademarks.
 
3. Site Contents and Copyright
 
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, Submissions (as defined below), and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark, third-party licenses and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites without our written permission for uses other than those contemplated by this Site. Access to and use of this Site are allowed solely for your personal use of EducatorStudio services, information, education, entertainment, and communication with EducatorStudio and within the EducatorStudio community. You may download, copy, use, modify or print certain portions of the Content of this Site for your non-commercial limited use, but only as that use relates to the school EducatorStudio community. No right, title, or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site.
 
4. User Comments and Creative Submissions
 
While EducatorStudio desires to receive feedback from its members, please do not send EducatorStudio any unsolicited creative or original concepts, ideas, materials, products, product ideas, confidential or proprietary information, or the like with expectation of receiving compensation (“Creative Submission(s)”). EducatorStudio is under no obligation to use or compensate you for your Creative Submissions. EducatorStudio will not respond to you regarding your Creative Submissions, and your Creative Submissions will not be returned to you and will not be treated as confidential information.
 
5. License to Use User Submissions
 
This Site may provide you with the opportunity to submit user-generated or third-party submissions in both public and private modes (“User Submissions”).  By submitting items to this Site, you represent that you own or have unencumbered, transferable rights, consents to publish names and images of identifiable individuals, and permissions, including, without limitation, patent, trademark, copyright, trade secret, the right of publicity, or any other proprietary rights to the User Submissions that you submit, that your submission of materials will be in compliance with any rules, laws, policies or guidelines that apply to your school or school district, or state and federal law.  If your User Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian, and school or school district to provide the photo, digital, or video image. If you provide a User Submission to this Site, you automatically grant EducatorStudio a paid-in-full, perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for EducatorStudio to use, reproduce, prepare derivative works, distribute, display and perform that User Submission for any lawful purpose whatsoever, including, without limitation, the promotion, distribution, and redistribution of the Site, the right to sublicense that User Submission to third parties for their lawful uses and purposes, including, without limitation, to adapt, perform, display, create derivative works, copy, sell and otherwise use. Subject to existing laws, you waive any moral rights that you or your licensors may have in any User Submission. You retain ownership rights to your User Submissions, but your User Submissions will not be returned to you and will not be treated as confidential information. Your User Submissions are subject to the Creative Commons Attribution-Share Alike licensing. Once offered as a User Submission, the Submission or any of its derivatives cannot be re-designated as private. If Submissions are uploaded in private mode, you will retain all rights to your User Submissions.
 
6. No Endorsement or Liability for Use of the Site or Third-Party Content
 
Although third-party or user-generated Creative or User Submissions may be posted on this Site, the posting of those Creative or User Submissions does not constitute EducatorStudio’s endorsement of those Creative or User Submissions.  EducatorStudio is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Creative or User Submissions, and you are obligated to indemnify EducatorStudio for any third-party claims resulting from the same.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, including, without limitation, the EducatorStudio YouTube Partner Channels, and that EducatorStudio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EducatorStudio with respect thereto, and agree to indemnify and hold EducatorStudio, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

EducatorStudio permits you to link to materials on the Site for personal, non-commercial purposes only. In addition, EducatorStudio provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Site, provided that you include a prominent link back to EducatorStudio on the pages containing the Embeddable Player. EducatorStudio reserves the right to discontinue any aspect of the EducatorStudio Site at any time. EducatorStudio provides the ability to download files to your computer for personal or classroom educational use only, provided you give a link back to EducatorStudio in any presentation, website, or other form of media in which the downloaded files are included and give credit to the author of the files.
 
7. Third-Party Links
 
To the extent that the Sites may allow third-party links, those links may direct you to third-party websites that are not affiliated with EducatorStudio.  EducatorStudio is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
 
8.Copyrights and Digital Millennium Copyright Agents
 
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C.§ 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site.  Our Copyright Agent is Terrence Howard, 300 University Blvd, Winter Park, FL 32792, email: admin@educatorstudio.com, fax: 407-551-2027. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to EducatorStudio.com customer service through info@EducatorStudio.com.
 
9. DMCA Infringement Notification
 
To be effective, your infringement notification must include the following:

1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.    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.
3.    Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4.    Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5.    The following statement: “I have 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
6.    The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1.    EducatorStudio will remove or disable access to the content that is alleged to be infringing;
2.    EducatorStudio will forward the written notification to the alleged infringer; and
3.    EducatorStudio will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from EducatorStudio, the alleged infringer will have the opportunity to respond to EducatorStudio with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to EducatorStudio’s designated Copyright Agent, and must include the following:

1.    A physical or electronic signature of the subscriber;
2.    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3.    The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4.    The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which EducatorStudio may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the Copyright Agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
 
10. Prohibited Uses
 
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, commit libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, impersonate legal or natural persons, or materials in which specific learning objectives are not evident and/or materials that do not provide for the professional development of educators; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. You represent and warrant that your use of the Site will be in compliance with any rules, laws, policies or guideline that apply to your school or school district, and state and federal law. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
 
11. Registration, Accounts and Passwords
 
The Internet and World Wide Web by nature are unsecure environments. Although EducatorStudio takes reasonable steps to provide for the privacy, security and integrity of the Site, EducatorStudio cannot guard against every form of security risk, and does not represent or warrant that the Site will always remain secure. You are responsible for the personal protection and security of any password or username that you may use to access this Site, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to any prohibited uses of the Site conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to EducatorStudio.
 
12. Site Updates
 
EducatorStudio undertakes no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, if any, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times.  EducatorStudio reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
 
13. Limitations on Liability
 
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT EDUCATORSTUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EDUCATORSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EDUCATORSTUDIO’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. EDUCATORSTUDIO’S AND ITS AFFILIATES’, AGENTS’, LICENSORSAND SUPPLIERS’  DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  
 
14.Disclaimer
 
THE CONTENT PROVIDED ON THIS SITE IS PROVIDEDAS ISANDWITH ALL FAULTS.” EDUCATORSTUDIO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND EDUCATORSTUDIO MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO EDUCATORSTUDIO EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, EDUCATORSTUDIO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

EDUCATORSTUDIO RESERVES THE RIGHT TO ALTER OR REMOVE USER SUBMISSIONS, SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND EDUCATORSTUDIO WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.  
 
15. Indemnification
 
YOU AGREE TO INDEMNIFY AND HOLD EDUCATORSTUDIO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TOU.
 
16.Release
 
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT EDUCATORSTUDIO AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. EDUCATORSTUDIO RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.  
 
17. Termination
 
EducatorStudio may terminate the TOU at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Site, if, in EducatorStudio's sole discretion, you fail to comply with any term or condition of the TOU.
 
18.Choice of Law and Forum
 
These TOU will be governed and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law rules.  For all disputes arising out of or relating to this Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Orange County, Florida.  
 
19.Notice and Consent to Electronic Communications
 
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
 
20. Privacy Statement
 
EducatorStudio is committed to protecting the privacy of the visitors to this Site.  For information on how information is collected, used, or disclosed by EducatorStudio in connection with your use of the Site, please consult our Privacy Policy.  
 
21.No other Agreements
 
The provisions and conditions of the TOU constitute the entire agreement between you and EducatorStudio related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.

Should you have any questions concerning the TOU, or if you desire to contact EducatorStudio for any reason, please contact info@EducatorStudio.com.