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THE SANDBOX LEARNING COMPANY WEBSITE TERMS OF SERVICE

 

When using The Sandbox Learning Company website (“Website”), you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular services, you shall be subject to any posted guidelines applicable to such services. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service, please do not use the Website and do not register to be a member of the Website. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.

1.         General Terms of Service and Restrictions on Use of Materials

By using the Website, you agree to be legally bound and to abide by the Terms of Service. If you do not comply with the Terms of Service, we reserve the right to terminate your access to the Website and its features. We may discontinue or alter any aspect of the Website at our sole discretion and without prior notice or liability.

You acknowledge that the Website contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets and other proprietary rights, and that these rights are valid and protected in all forms of media.  All content is copyrighted as a collective work under the U.S. copyright laws, and The Sandbox Learning Company owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Modification or use of the content for any other purpose, including use of any such content on any other website or networked computer environment, is strictly prohibited.

2.         Sandbox's Privacy Policy

Pursuant to our Customer Privacy Policy, we generally protect your Personally-Identifiable Information, but we may make disclosures under certain circumstances.  Your acceptance of the Terms of Service indicates that you have read and accept the terms of the Privacy Policy.

In addition, your acceptance of these Terms of Service indicates you are the parent, guardian or duly authorized professional responsible for any person whose Personally-Identifiable Information is submitted to us through the Website.

3.         Community Standards and Conduct in Sandbox Forums

You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you are entirely responsible for all content that you post or otherwise transmit to the Website. We do not control all of the content posted and do not guarantee the accuracy, integrity or quality of such content. You understand that you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, for errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any content posted or otherwise transmitted to the Website.

You agree not to use the Website to:

  • Post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a Sandbox Learning Company official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Post or otherwise transmit any unsolicited or unauthorized advertising or other form of solicitation;
  • Post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; or
  • Collect or store personal data about other users.

Parental permission is required for children under the age of 13 to use any Website message boards or other forums.

4.         Submissions

By posting or submitting content to the Website, you grant The Sandbox Learning Company and its affiliates and licensees the royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, The Sandbox Learning Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

5.         Links

We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6.         DISCLAIMERS

We use commercially reasonable efforts to maintain the Website and associated services, but we are not responsible for any defects or failures associated with the Website and service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, we make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Website, including the accuracy, currency, content, or quality of any such sites and information.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

ALL SERVICES OFFERED OR PROVIDED BY THE SANDBOX LEARNING COMPANY THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND YOU USE THE SERVICES AT YOUR SOLE RISK. THE SANDBOX LEARNING COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, THE SANDBOX LEARNING COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SANDBOX LEARNING COMPANY PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.  IN PARTICULAR NOTE THAT THERE IS NO WARRANTY THAT THE EDUCATIONAL MATERIALS PROVIDED BY THE SANDBOX LEARNING COMPANY WILL RESULT IN THE SAME OR GREATER DEVELOPMENTAL OR EDUCATIONAL GAINS THAT MAY BE ANTICIPATED FROM MATERIALS OTHER THAN THOSE PROVIDED BY THE SANDBOX LEARNING COMPANY.

Limitation of Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE SANDBOX LEARNING COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SANDBOX LEARNING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE. IN NO EVENT SHALL THE SANDBOX LEARNING COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE SANDBOX LEARNING COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY THE SANDBOX LEARNING COMPANY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

7.         Termination and Modification

You agree that The Sandbox Learning Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any content within the Website if it believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. We may also in our sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

8.         Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Forsyth County in the State of North Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and The Sandbox Learning Company relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of our successors, assigns and licensees.

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© 2006 by The Sandbox Learning Company. All rights reserved. Patents Pending.