Dov Seidman's PostsTerms and Conditions
Introduction
The materials presented on this website are provided by howsmatter.com (“we” or “us”) for informational purposes only. Use of this website is subject to the following terms and conditions. You agree to these terms and conditions by accessing this website.
Use
You may view and use this website for your informational, noncommercial use. The materials contained in this website are protected by copyright, trademark and other applicable laws. You may not copy, modify, reproduce or redistribute the materials on this site for any purpose without our express written permission. We may discontinue, change or restrict your use of this website for any reason without notice.
Disclaimers and Limitation of Liabilities
We may add, modify, update or delete the materials on this website from time to time without notice. Your use of this website is at your own risk. We assume no responsibility for any errors or omissions in the materials provided by this website. The materials provided by this website are provided “as is” and “as available,” without representations or warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or any implied warranties arising out of course of performance, course of dealing or usage of trade. We make no warranty as to the accuracy, completeness, currency or reliability of the materials contained in this website. In no event shall we, or any of our service providers, have any liability to you whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via this website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
We, and our service providers, will not be liable to you or any other person or entity for any indirect, special, punitive, exemplary, incidental or consequential damages arising out of or in connection with your access to, or use of, this website however arising, even if we have been advised of the possibility of such damages.
The information provided by this website does not constitute the rendering of legal services and is not a substitute for obtaining appropriate legal advice, and no attorney-client relationship is formed between us and you, or between us and any of our customers, by virtue of any use of this website. You should not rely on the materials on this website as a source of legal advice.
Links
This website may contain links to other websites. If you use such links to websites not maintained by us, you will leave this website. We do not control such other websites nor are we responsible for the privacy practices or the materials of such other websites. The links to the other websites are provided as a convenience and do not imply that we recommend, approve, monitor, evaluate or endorse such other websites.
Your Submissions and Conduct
Visitors may submit articles and other material, including, but not limited to, text, audio, videos, pictures, and other images. Any material that you submit at this website is collectively referred to as “Your Submissions.”
1. By submitting Your Submissions to this website, you grant us the following rights:
(a) An irrevocable, non-exclusive, fully-paid-up, royalty-free perpetual license under any copyright, trademark, right of publicity, right of privacy and other right in or relating to Your Submissions to modify or create derivative works based upon Your Submissions and to use, copy, distribute, publicly display, publicly perform and otherwise exploit Your Submission and any such modifications or derivative works, including, without limitation, the title(s) and each and every element of Your Submission or of any such modification or derivative work, in whole or in part, in any and all manner and media (whether now known or hereafter invented or discovered) throughout the world, including, without limitation, on this website and in advertising, publicity, promotional and marketing materials;
(b) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to use your name, voice, image, likeness, signature and biographical data in connection with Your Submissions or any derivative work based on Your Submissions, including, without limitation, in credits, advertising, publicity, promotional and marketing materials; and
(c) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to sublicense or assign or otherwise transfer any rights granted by you under these Terms and Conditions.
2. You acknowledge and agree that:
(a) We shall have the right to arrange, organize, classify and categorize Your Submissions and any modifications of Your Submissions or derivative works based on Your Submissions in any way we desire in our sole discretion;
(b) We shall have the right to create, publish or display commentary or criticism regarding or relating to Your Submission in our sole discretion, and you waive any claims against us or our service providers based upon any such commentary or criticism, including, without limitation, any claims for defamation;
(c) We shall not have any obligation to provide you with any credit when using Your Submissions, but in the event we choose to provide you with credit the size, placement and form of the credit shall be at our sole discretion;
(d) No confidential or fiduciary relationship exists between you and us, and no such relationships have been established by reason of these Terms and Conditions or by reason of your submission of Your Submissions to us;
(e) To the maximum extent permitted under applicable law, you waive any “droit moral” or “moral rights” that you may have in Your Submissions, and, accordingly, you approve any and all uses, public performances, public displays, publications and other exploitation of Your Submissions or of any modifications of or derivative works based on Your Submissions that we or any of our successors or transferees or any third party sublicensed or otherwise authorized by us or any of our successors or transferees , directly or indirectly, may desire to make, and you expressly agree that no such uses, public performances, public displays, publications and other exploitation will or may cause harm to your honor or reputation and that no modification of or derivative work based upon Your Submission by us or any of our successors or transferees or by any third party sublicensed or otherwise authorized by us or any of our successors or transferees, directly or indirectly, will be deemed to constitute a distortion or mutilation of Your Submission;
(f) You are not authorized to create any derivative works based upon this website or any part of this website (other than Your Submissions), including any of our or any third party content on this website (collectively, the “Content”), to copy, download, distribute, publish, publicly perform, publicly display or otherwise exploit this website or Content or any such derivative work, or to in any way use any of our trademarks, service marks, trade dress or trade names (including, without limitation, any of our logos or slogans), and you agree not to do any of the foregoing,
(g) You will not issue or create any advertising or publicity concerning us or Your Submission;
(h) Upon notice from us, you will immediately disable and remove any link to this website or any part thereof, including, without limitation, to any of Your Submissions on any part of this website;
(i) Your Submission will not include any link of any type to any address on the Internet or other network, including, without limitation, any page that is part of this website;
(j) You are not entitled to any compensation or other payment from us in connection with Your Submissions or otherwise relating to this website or any activity on this website;
(k) We have not made any promises or representations to you in order to induce you to provide Your Submissions;
(l) You will not circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any Content or enforce limitations on use of this website or the Content;
(m) We reserve all rights not expressly granted in and to this website and the Content;
(n) We do not endorse or recommend any Content submitted by any person or any opinion, recommendation, or advice expressed in any Content, and we expressly disclaim any and all warranties or liabilities in connection with any Content; and
3. You represent and warrant that:
(a) You have the full power and authority to enter into these Terms and Conditions, to grant the rights as described above, and to perform all of your obligations set forth in these Terms and Conditions;
(b) You are the sole author of Your Submission and each and every element of Your Submission is an original work created solely by you;
(c) You are the sole and exclusive owner of Your Submission and all of the trademarks, copyrights and other intellectual property in or relating to Your Submission;
(d) No third party is entitled to any compensation or payment as a condition for or in connection with the exercise of any rights that you grant in these Terms and Conditions;
(e) Your Submission does not violate the privacy or publicity rights of any person or include or reveal any trade secrets or other confidential information;
(f) Your Submission does not contain, depict or promote any (i) pornography or sexually explicit or suggestive content, (ii) obscene or offensive content, including any content that disparages any persons based upon race, color, religion, gender, national origin, sexual orientation, transgender status, handicap or age; (iii) any other content that would be inappropriate for or potentially harmful to minors; (iv) any content that libels, slanders or defames, or that would tend to harm, embarrass or reveal private facts about, any person or business, (v) criminal, immoral or illegal acts, (vi) violent or dangerous acts, or (vii) viruses, Trojan horses, spyware or other malicious or surreptitious code of any type or nature;
(g) Neither the distribution nor the public performance or display nor any other exploitation of Your Submission shall violate any law, ordinance or regulation of any jurisdiction, whether inside or outside of the United States, and
(h) Your Submission does not constitute or contain an advertisement or solicitation of business of any kind.
4. You understand that we may use Your Submissions, in whole or in part, for marketing purposes.
5. You are solely responsible for Your Submissions, the consequences of posting or publishing Your Submissions, and any material or information that you transmit to others and for your interactions with other users of this website.
6. You shall not sue, and you irrevocably, unconditionally and entirely release, waive and forever discharge us, our contractors or service providers, and our and our contractors’ or service providers’ respective parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, assigns and sublicensees, jointly and individually (collectively, “Releasees”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to any exercise of any right granted in these Terms and Conditions or pursuant to these Terms and Conditions and/or your submission to us of Your Submission. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive, and you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of Your Submission.
7. You acknowledge that Your Submission may contain concepts, ideas, proposals, suggestions and the like. You acknowledge and agree that:
(a) We receive numerous submissions from many parties and/or may have independently developed and/or considered similar concepts, ideas, proposals, suggestions or the like and that our review of any concepts, ideas, proposals, suggestions or the like included in Your Submission is not an admission of novelty, priority or originality;
(b) Our use, disclosure or other exploitation of any concepts, ideas, proposals, suggestions or the like, whether or not based on or received in Your Submission, shall be without obligation to you.
8. You understand that we will be acting in reliance upon your grant of rights, representations and warranties in these Terms and Conditions and may incur substantial expense in reliance upon such grant of rights, representations and warranties.
9. You acknowledge that you have kept a copy of Your Submission for your own use and that we will not return or provide to you a copy of Your Submission. We shall have the right to retain or destroy Your Submission at our sole discretion, and you release us from any claims related to Your Submission.
Copyright
1. If any Content submitted by any other user or member infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
By mail:
Copyright Agent
c/o Corporate Counsel
LRN Corporation
1100 Glendon Ave, Suite 700
Los Angeles, CA 90024
By email: legal@lrn.com
The telephone number of the Copyright Agent is 310.209.5400. However, please note that notice by telephone is not sufficient.
2. If you believe that any of Your Submissions that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to the Copyright Agent (see 17 U.S.C. Section 512(g)(3) for further detail):
(a) Your physical or electronic signature.
(b) 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 to it was disabled.
(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) (that is, the person who alleged that the User Submission infringed any copyright) or an agent of such person.
Indemnity
You agree to defend, indemnify, and hold harmless us and our contractors and service providers and our and our contractors’ and service providers’ respective parents, officers, directors, employees, consultants, licensees, sublicensees, agents, successors and assigns (collectively, “Indemnitees”) from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against us or any other Indemnitees by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
General
1. No waiver by us of any provision or of any breach of these Terms and Conditions shall be effective unless it is in a writing executed by one of our authorized representatives, and no such wavier shall constitute a waiver of any other provisions or any other or further breach.
2. In the event that any provision of these Terms and Conditions shall be illegal or otherwise invalid or unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.
3. These Terms and Conditions, together with the accompanying Privacy Policy and any other materials incorporated into these Terms and Conditions, set forth the entire understanding between us and you with respect to the subject matter of these Terms and Conditions.
4. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or otherwise transferred by us without restriction.
5. You affirm that you are 18 years of age or older and are fully able and competent to enter into and make a binding commitment to abide by these Terms and Conditions.
6. We reserve the right to amend these Terms and Conditions at any time. If we decide to change these Terms and Conditions, we will post the revised Terms and Conditions here. We will also post a notice on the website for 60 days noting that changes were made and including a link to a summary of the changes or a redline of the changes. We suggest that you periodically consult these Terms and Conditions. Please note that our rights to use any information collected will be based on the Terms and Conditions in effect at the time the information is used. If you do not agree with the revised Terms and Conditions you may give us written notice requesting that we remove any data relating to you which we will take reasonable steps to remove.
7. You acknowledge that you and us are not engaged in and shall not be deemed to be engaged in a partnership, joint venture, joint enterprise, or agency relationship of any kind or for any purpose.
8. The headings contained in these Terms and Conditions are used for convenience only and are not to be used in interpreting these Terms and Conditions.
9. Our privacy policy posted on this website and any documents to which links are included in these Terms and Conditions are hereby incorporated into and made a part of these Terms and Conditions.
Location of Dispute Resolution Proceedings and Governing Law.
This website is operated by LRN Corporation from its offices in California, USA. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California that apply to contracts entered into and performed entirely in California by residents of California. You agree that all claims under these Terms and Conditions will be brought only in a state or federal court located in the county of Los Angeles, state of California, and you submit to the personal jurisdiction of such courts and consent to venue in such courts for purposes of any such action or proceeding.