PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “You” and “Your” refer to You, as a user of the Site. The terms “We”, “Us”, “Our”, “Okapi”, and “Strategies for Comprehension” refer collectively to Okapi Educational Publishing, Inc., a Delaware corporation and EC Licensing Pty Ltd., an Australian corporation.
“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that You submit or transmit to or through the Site, such as advertisements, promotions, ratings, reviews, compliments, invitations, and information that You display as part of Your account profile. “User Content” means Content that users submit or transmit to or through the Site. “Okapi Content” means Content that We create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than Okapi or its users, such as data providers who license data to Okapi for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Okapi Content.
Minimum Age of User:
You must be at least 18 years old to use the Website. If We learn that You are younger than 18, We will cancel Your account.
The Website’s Content:
You acknowledge that We and Our licensors own all rights, title and interest in all content transmitted, submitted, displayed or published on the Website, except Your Content, and You agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by Us. You may download and print reasonable portions of the Content, including any Content of other users, solely for Your personal, non-commercial use, provided that You leave intact all copyright notices and identifying information appearing on the original. You may not republish the Website’s Content or other users’ Personal Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by Us is prohibited.
To use some of the features on the Site, You may be required to create an account and provide information about yourself to Us. You are responsible for maintaining the confidentiality of Your account password. You are also responsible for all activities that occur in connection with Your account. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason.
Although You retain ownership of Your Content, by posting it on the Website and electing to make it viewable by users and others, You grant Us and Our affiliates and users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to copy, perform, display, adapt, incorporate, reformat, translate, excerpt, distribute and in all other respects use Your Content without limitation on the Website. Finally, You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Rules of User Content:
You agree that You may only use the Website for Your own personal and non-commercial purposes and that You shall not upload, post, transmit, cause the display or performance of, or otherwise make available any Content that:
- is illegal, harmful, threatening, annoying, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
- is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
- is tortious, defamatory, libelous or violates anyone’s privacy or publicity rights;
- includes copyrighted materials for which You do not possess appropriate rights to so display, perform or otherwise make available; or otherwise infringes any patent, trademark, trade secret, copyright or other propriety or intellectual property rights of any party;
- bears any false, disguised or misleading origin;
- contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
You also agree that You will not use the Website to do any of the following:
- perform any activities that violate any applicable state, local, federal, or international laws or regulations;
- impersonate any person or entity or misrepresent in any way Your affiliation with a person or entity;
- transmit unsolicited mass mailings or “spam;”
- collect or store any information about users, other than in the normal course of using the Website for their intended purpose of facilitating voluntary communication among users;
- transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
You may not do any of the following with or to the Website:
- use the Website in any manner that could damage, disable, overburden, disrupt or impair the Website or any part of Our server, or the network(s) connected to any part of Our server, or interfere with any other party’s use and enjoyment of the Website;
- disobey any applicable policies or regulations of networks connected to the Website;
- modify, adapt, translate or reverse engineer the Website;
- use any robot, spider, search/retrieval application, or other device to retrieve or index any portion of the Website;
- frame the Website or reformat them in any way; or
- create user accounts using any automated means or under false pretenses.
Copyright and Trademark Information:
The Website and its Content are Copyright © 2013 of EC Licensing Pty Ltd. All Rights Reserved.
All trademarks, logos, trade dress and service marks on the Website are trademarks of EC Licensing, Okapi or their respective licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
It is Our policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If You believe that any of the Content or materials appearing on the Website contains infringing materials or infringing property, please send a notice to Us at the address below.
Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable Us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant 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; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(Attn: Copyright Agent).
Links and References to Unrelated Parties:
The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and You agree that We are not responsible for the availability or contents of such Third Party Sites.
Interstate and International Use:
THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND OKAPI DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We are not responsible for any incorrect or inaccurate content – including Personal Content – posted on the Website regardless of the cause or source, or for the conduct, online or offline, of any user of the Website. Without limiting the above, We assume no responsibility for:
- any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user postings or communications;
- problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
- injury or damage to users’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Website.
Under no circumstances will We be responsible for any loss or damage resulting from anyone’s use of the Website, any Content or Personal Content posted on the Website or communicated to users, or any interactions between users of the Website, online or offline. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to You.
Limitation on Liability:
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA) REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF WE WERE AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to You.
Governing Law and Venue:
If there is any dispute about or involving the Website, You agree that the dispute will be governed by the laws of the State of California as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Riverside County, California, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that We may bring suit against You in any court that has jurisdiction over Your person or property