Legal Restrictions and Terms of Use Applicable to this Site (April, 2011)
Use of this Site Signifies your Agreement to the Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site, you signify your consent to these terms of use. If you do not
agree to these terms of use, please do not use the site.
This site is owned and operated by Maestro Learning, Inc. and the contents of
FlinkLearning.com are the property of Maestro Learning and are protected,
without limitation, pursuant to U.S. and foreign copyright and trademark laws.
No material from FlinkLearning.com may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that you may
download one copy of the materials on any single computer for your personal
non-commercial use only. Modification of the materials or use of the materials
for any other purpose is a violation of Maestro Learning’s copyright,
trademark, and trade secret rights. For purposes of this Agreement, the use of
any such material on any other web site or networked computer environment is
prohibited.
In the event you download software from the site, the software including any
files, images incorporated in or generated by the software and data
accompanying the Software (together, the "Software") are licensed to
you by Maestro Learning. Maestro Learning does not transfer title to the
Software to you. As between you and Maestro Learning, Maestro Learning retains
full and complete right, title, and interest in and to the Software and all
intellectual property rights therein. You may not redistribute, sell,
decompile, reverse-engineer or disassemble the Maestro Learning.
You hereby grant Maestro Learning and its agents and licensees a worldwide,
royalty-free, fully-paid, perpetual, non-exclusive license to use, including
without limitation the right to copy, publish, perform, display and distribute
and/or adapt, any material you upload to, distribute through or post on
Flinklearning.com, in any and all media, now known or hereafter devised.
Users are not permitted to upload to, distribute through, or otherwise publish
through FlinkLearning.com any content which is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights, abusive,
illegal or otherwise objectionable that would constitute or encourage a
criminal offense, violate the rights of any party, or that would otherwise give
rise to liability or violate any law. Unauthorized commercial messages and/or
public announcements are not allowed on FlinkLearning.com. Unauthorized
collection and/or use of email addresses via FlinkLearning.com is also not
allowed.
You hereby agree to comply with all laws that apply or may apply to your use of or
activities on FlinkLearning.com and any rules for conduct on FlinkLearning.com
or use of specific features and/or services offered thereon that may be posted
on FlinkLearning.com, whether in these terms of use or otherwise, from time to
time.
Your correspondence and dealings with third parties that you encounter via
FlinkLearning.com are solely between you and such entity. You agree that
Maestro Learning shall not be responsible or liable for any dispute, loss or
damage of any sort incurred as a result of any such dealings.
Certain portions of FlinkLearning.com may ask you to create an account. You agree to
accept all responsibility for all activities that occur under your account or
password, if any, and that you will not sell, transfer or assign your account
or allow others to use it. You are responsible for maintaining the
confidentiality of any user name and/or password that may assigned to or
selected by you so that others may not access any members-only or
password-protected portions of FlinkLearning.com using your account and/or
identity. Maestro Learning reserves the right, in its sole discretion and
without notice to you, to terminate your account and/or to restrict your access
to all or part of FlinkLearning.com for any reason, including without
limitation for extended periods of inactivity.
This Agreement is effective until terminated by either party. You may terminate this
Agreement at any time by destroying all materials obtained from
FlinkLearning.com and all related documentation and all copies and installments
thereof whether made under the terms of this Agreement or otherwise. This
Agreement will terminate immediately without notice from Maestro Learning, if
in Maestro Learning’s sole discretion you fail to comply with any term or
provision of this Agreement, if you are a repeat infringer of any third party's
rights, or if you engage in conduct that is illegal or that interferes with the
technological operation of this site. Upon termination, you must destroy all
materials obtained from FlinkLearning.com and all copies thereof, whether made
under the terms of this Agreement or otherwise.
Maestro Learning makes no representations or warranties with respect to
flinklearning.com or its contents, which are provided for use "as is"
and "as available." Maestro Learning does not warrant the functions,
information or links contained on flinklearning.com or that its contents will
meet your requirements or that the operation of flinklearning.com or its
contents, will be uninterrupted or error-free. Maestro Learning does not
warrant or make any representations regarding the use or the results of the use
of the materials on flinklearning.com in terms of their correctness, accuracy,
reliability, or otherwise.
Under no circumstances, including, but not limited to, negligence, shall Maestro
Learning be liable for any special, incidental or consequential damages that
result from the use of, or the inability to use, the materials on
FlinkLearning.com. In no event shall Maestro Learning’s total liability to you
for all damages, losses and causes of action (whether in contract, or not
(including, but not limited to, negligence) or otherwise) exceed the amount
paid by you, if any, for accessing FlinkLearning.com.
You hereby acknowledge that you understand that by accessing flinklearning.com and
agreeing to these terms of use, you may be waiving rights with respect to
claims that are at this time unknown or unsuspected.
This Agreement shall be governed by and construed in accordance with the laws of the
state of Massachusetts, without giving effect to any principles of conflicts of
law. You and Maestro Learning each agree to submit to the exclusive
jurisdiction of the courts of the state of Massachusetts and the federal courts
of the eastern district of Massachusetts. If any provision of this Agreement
shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions, and such provisions shall be
deemed modified so that its purpose can be lawfully effectuated and enforced.
This is the entire agreement between the parties relating to the subject matter
herein.
Notification of a copyright infringement claim must be submitted to the following:
Maestro Learning, Inc.,
24 Chilton Street, Cambridge, MA 02138.
For other questions about FlinkLearning.com, please consult support@flinklearning.com.