WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use are effective as of January 1, 2015.
Propeller Mfg. (“Propeller”, “we” or “us”) welcomes you to our innovative and creative website UpcyclingTextbooks.org (the “Site”). Propeller provides the Site to you subject to the following terms of service and conditions of use (“Use Terms”), which provide the guidelines, rights and obligations under which Propeller permits users to access the Site, including all content and services contained on or offered through the Site. We may update these Use Terms from time to time without notice to you. You can review the most current version of the Use Terms at any time at: www.UpcyclingTextbooks.org/terms-conditions/.
You must be at least 13 years old to access the Site and use the Services. These Use Terms affect your legal rights and obligations, so please read these Use Terms carefully; if you do not agree to honor these Use Terms, do not access the Site or use the Services.
1. ACCEPTANCE OF TERMS
By accessing, or using the Site, or other products or services of Propeller, or the content, services, features, or functionality, including any which may be jointly offered with other companies through our affiliate portal (collectively, the “Services”), you agree to be bound by these Use Terms.
We may also offer Services in conjunction with other companies that are governed by different terms of service, and when using such Services, you and Propeller shall be subject to any additional posted guidelines or rules applicable to such Services (which themselves may be modified from time to time). In such cases the other terms of service will be posted on the relevant website and/or service to which they apply. All such additional guidelines or rules are hereby incorporated by reference into the Use Terms.
2. DESCRIPTION OF SITE
Propeller provides users with access to a collection of resources and content, including user-generated written, visual and audio-visual materials, educational tools, personalized content, blogs, forums, research tools and branded content through the Site (the “Content”), and to the Services. You may now, and in the future, access the Site, the Content and the Services through any one of the various mediums or devices now known or which may hereafter be developed. You understand and agree that the Site may include advertisements and that these advertisements are a necessary tool for Propeller in order to be able to provide you with the Site, the Content and the Services. Please be aware that Propeller may create certain areas on the Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas, and all such areas will require you to actively confirm that you meet such age requirements before permitting you access.
You understand and agree that the Site is provided “AS IS” and that we assume no responsibility for the inability to access the Site, the Content or any Services, or the timeliness, deletion, mis-delivery or failure to store any of your communications, postings or personalization settings. You are responsible for obtaining access to the Site, and that access may involve third-party fees, such as Internet service provider fees, data charges, wireless fees or airtime charges. You understand and agree that you are responsible for all such charges and/or fees, including those associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site, the Content and the Services.
3. SITE UPDATES AND ENHANCEMENTS
Unless explicitly stated otherwise, any new features that augment or enhance the Site, including access to new Content or Services, whether offered by us or by our affiliates, will be offered subject to these Use Terms.
4. USER CONTENT
The Site and certain Services contain interactive features and/or areas that allow you and other users to create, post, edit, transmit, and/or store content, including but not limited to photos, videos, text, graphics, and other materials (the “User Content”). You retain all ownership rights in your User Content; however, with respect to User Content you submit to the Site or make available for inclusion on publicly accessible areas of the Site, you grant Propeller an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable right and license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, exhibit, perform, promote and display such User Content in any and all media through any and all distribution methods, whether now known or later developed (the “Use License”). You understand that the technical processing and transmission of the Site may involve (a) the transmission of your User Content over various networks; and (b) changes being made to your User Content to conform and adapt the same to technical requirements of connecting networks or devices, and that we may undertake such activities pursuant to the Use License you have granted us.
You agree that you are solely responsible for any User Content you supply to the Site and any claims arising therefrom, and that Propeller is not responsible or liable for any User Content or claims arising therefrom. You also understand that your User Content may be viewable by others; therefore, you agree to abide by our Posting Guidelines, which may be updated from time to time. While we are under no obligation to do so, we reserve the right, at our sole discretion, to pre-screen, refuse, access, review, and/or remove any User Content posted to or otherwise available through the Site for any reason and at any time. This may include User Content (i) which is deemed objectionable, (ii) for which we receive notification from a third party as being in violation of their copyright (pursuant to our Copyright Dispute Policy) or other intellectual property rights, or (iii) which otherwise violates the Use Terms.
5. CONTENT POSTED BY OTHER USERS; CONTENT OF WEBSITES LINKED TO THE PROPELLER SITE
You understand that Propeller has no obligation to review or check the accuracy or completeness of any User Content posted to the Site. You therefore agree that you alone are responsible for evaluating, and bear all risks associated with, the Site’s Content, including any reliance on the accuracy, completeness, or usefulness of any Content found thereon, and acknowledge that you shall not rely upon any of the Content found on the Site for any reason, whether created by Propeller or submitted to Propeller by other users.
The Content and Services may provide links to third party websites, including websites owned and operated by affiliates or other users (collectively, the “3d Party Sites”). The 3d Party Sites are developed by persons or entities over whom/which we exercise no control. You understand that all text, images, photos, video, sound files, or other materials which are posted on, transmitted through or linked from the 3d Party Sites (collectively, the “3d Party Content”) are the sole responsibility of the person(s) posting such 3d Party Content on the 3d Party Site in question. You understand that Propeller cannot and does not screen the 3d Party Sites, and that Propeller does not control, and is not responsible for, the 3d Party Content made available through these 3d Party Sites. 3d Party Sites created using the Services may produce results and/or contain Content or links to websites that some people may find objectionable, inappropriate, or offensive. Propeller cannot guarantee that a search will not locate unintended or objectionable content, and assumes no responsibility for the content of any 3d Party Site.
6. USER ACCOUNTS; REGISTRATION
a. Users of Legal Age.
Use of the Site and access to certain Content and Services requires you to obtain a user account name (“User ID”) and password (together, a “User Account”) through the Site. You agree when creating your User Account to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or should we have reasonable grounds to suspect that any portion of the User Information is false, inaccurate, incomplete or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) or Services.
In order to be able to obtain a User Account, and in consideration of your use of the Site, you represent that you are of sufficient age within the jurisdiction in which you live to permit the legal formation of a binding contract, or if below such age, that are using the Site with the permission of your parent or legal guardian whose consent must be made of record at the time of registration and before you will be permitted to access the Site, view the Content or use the Services. You further represent that you are not a person barred from receiving the Site under the laws of the United States or other applicable jurisdiction.
b. Users under the Legal Age.
Propeller is committed to the safety and privacy of all of its users, particularly children. For this reason, parents or guardians of children under the age of 18 who wish to allow their children to have access to the Site must create an account for your child (a “Student Account”). When you create a Student Account for your child, you certify (i) that you are at least 18 years old, (ii) that you are the legal guardian of the child listed on the Student Account, and (iii) that you are giving your child permission to access all areas of the Site, including message boards and instant messaging (among others). Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any part of the Site, the Services and/or the Content is not appropriate for your child.
c. Account Security.
During the account registration process, you will receive a User ID and password; you are solely responsible for maintaining the confidentiality of the password and User Account and are fully responsible for all activities that occur under your password or User Account. To help protect yourself from unauthorized users accessing your account, you agree to (a) exit completely from your User Account at the end of each session, and (b) immediately notify us of any unauthorized use of your User ID, password or User Account or any other breach of security. Propeller cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements contained in this Section.
a. Information We Collect. The Site typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you that we automatically collect when you visit the Site or that you provide us.
(1 ) Personally Identifiable Information: We define “personally identifiable information” as any information that may be used to specifically identify or contact you, such as your name, mailing address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit the Site. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, service, program promotion or some other aspect of the Site. For instance, you may: (a) provide your name, address, e-mail address, and phone number when registering with the Site, or in connection with a contest entry; (b) provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll or joining a club; or (c) post a general comment and/or recommendation on the Site. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on or functionality of the Site.
(2) Non-Personal Information: We define “non-personal information” as any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access the Site. This information can include, among other things, demographic information, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the name of your Internet service provider (e.g., AT&T, Comcast, America Online, NetZero, etc.), the search terms you use while on the Site, the specific web pages you visit, and the duration of your visit(s).
b. How We Use and Share Collected Information.
(1) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, to respond to your inquiries, to better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our affiliates, to communicate with you about content or other information you have posted or shared with us via the Site, to manage transactions such as credit card payments for any goods or services that you order from us, our affiliates or any of our agents, or for the fulfillment of such orders (e.g., delivery). We may share your personally identifiable information with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, data storage, security, processing credit card payments, and delivering packages) related to our operation of this Site, processing and fulfillment of product orders, and/or by making certain Site functionality available to our users. Those business partners will only use your information to carry out their specific business obligations to us. We may also share your information with third parties such as our co-promotional partners and others with whom we have marketing or other relationships. You may opt-out from receiving future promotional information from us or our affiliates, or direct that we not share your information with any affiliates, as set forth below. Whether or not you opt-out is your choice; however, in many instances this type of information is required to participate in a particular activity, realize a benefit we may offer, or gain access to certain content on the Site.
(2) Non-Personal Information: We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, better target advertising and advertising campaigns, and improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliates and third parties to achieve these objectives and others, but remember that such information is anonymous information that does not personally identify you.
(3) Demographic Information: We use Google Analytics to the Site’s users’ demographic information to better customize our advertising and advertising campaigns, targeting both existing and potential Site users. You can find out more about this type of information gathering and use here: www.google.com/intl/en/policies/privacy. If you wish to discontinue of this type of information gathering and use, you can opt-out here: www.google.com/settings/u/0/ads.
c. Other Uses and Information.
(3) E-mail Communications: If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by e-mail. However, aside from our reply to such an e-mail, it is not our standard practice to send you e-mail unless you request a particular service or sign up for a feature that involves e-mail communications, it relates to purchases you have made with us (e.g., product updates, customer support, etc.), we are sending you information about our other products and services, or you consented to being contacted by e-mail for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving e-mail communications from us; that is, you can agree to receive some communications but not others. You may “opt out” of receiving future commercial e-mail communications from us by following the instructions at the bottom of most e-mails we send, or as provided below; provided, however, we reserve the right to send you transactional e-mails such as customer service communications.
(4) Transfer of Assets: We may share your information with our affiliates, in which case we will require them to honor this policy. As we continue to develop our business, we may sell or purchase assets. In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
(5) Other: Notwithstanding anything herein to the contrary, we reserve the right to use IP addresses to identify a visitor or disclose any personally identifiable or non-personal information about you if we believe that such action is necessary to: (i) fulfill a government request; (ii) conform with the requirements of the law or legal process; (iii) protect or defend our legal rights or property, the Site, or other users; (iv) respond to claims that any posting or other content violates the rights of third parties; (v) in an emergency, protect the health and safety of the Site’s users or the general public; or (vi) enforce compliance with the Site rules.
(6) Your California Privacy Rights: Residents of the State of California have the right to request from certain business with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information you should send a request to info@UpcyclingTextbooks.org with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights Requirements and only information on covered sharing will be included in our response.
If you register for wireless marketing services, you understand and agree that you will be subject to charges by your wireless carrier for all messages sent to you. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless e-mail or text messaging charges incurred by you or by a person that has access to a your wireless device, telephone number, or e-mail address. You may cancel one or more services via your wireless device at any time by using the unsubscribe mechanism provided by at the time the message is sent, or by sending a text message that says “UNSUBSCRIBE.” We will then terminate your registration for the most recent wireless service sent to you. If you unsubscribe, the service(s) will be terminated immediately and will cancel your previous opt-in.
You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate any offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Site.
f. Children. The features, programs, promotions and other aspects of the Site requiring the submission of personally identifiable information are not intended for anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at info@UpcyclingTextbooks.org. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
g. Keeping Your Information Secure. We have implemented security measures to protect against the loss, misuse and alteration of the information under our control, including Secure Sockets Layer (SSL) technology to encrypt the transmission of nonpublic personally identifiable financial and transaction information over the Internet. We also utilize additional security devices such as firewalls, security patches, and anti-virus programs, to protect nonpublic personally identifiable information. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
h. Other Sites/Links. The Site may link to or contain links to 3rd Party Sites that Propeller does not control or maintain, such as in connection with purchasing products referenced on the Site and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave the Site and to read the privacy statements of all third party websites before submitting any personally identifiable information.
8. MEMBER CONDUCT
a. You understand that all User Content, and all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials contained therein, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. Propeller does not control the User Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Additionally, it is you, and not Propeller, who are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Site. You further understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Propeller be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed, transmitted or otherwise made available via the Site.
b. You agree you will not use the Site for any of the following purposes or activities:
(1) to post, upload, e-mail, transmit or otherwise make available to any other person any User Content that is unlawful or is otherwise, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or which is racially or ethnically objectionable;
(2) to harm minors in any way, or to assist others in any way that you know, or have reason to believe, could cause harm to minors;
(3) to impersonate another user or any other person or entity, including but not limited to an employee of Propeller, or falsely state or otherwise misrepresent your affiliation with another individual or entity;
(4) to post, upload, e-mail, transmit or otherwise make available any User Content that infringes on any intellectual property right, including any patent, trademark, trade secret, copyright, right of privacy of right of publicity, or any other proprietary rights (“Rights”) of any party;
(5) to post, upload, e-mail, transmit or otherwise make available any User Content for which you do not have a right to disclose, disseminate or otherwise make available under any law or pursuant to contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(6) to post, upload, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, “spam,” promotional materials, or any other form of solicitation, except in those areas specifically designated for such purpose;
(7) to post, upload, e-mail, transmit or otherwise make available any materials that contain malicious computer code, software viruses, spyware, 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;
(8) to disrupt or otherwise act in a way that would negatively affect the ability of other users to engage in real-time discussions and exchanges;
(9) to disrupt, impede or interfere with the Site, our servers and/or networks connected to the Site, or otherwise fail to obey any of the policies, procedures or regulations of the same;
(10) to violate, whether intentionally or unintentionally, any applicable local, state, national or international law;
(11) to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(12) to bully, shadow, stalk, harry or otherwise harass any other person; and/or
(13) to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
c. You acknowledge, consent and agree that Propeller may access, preserve and disclose your User Information and User Content if required by court order to do so, or otherwise in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Use Terms; (iii) respond to claims that any of your User Content violates the rights of third parties; (iv) respond to your request for customer service; or (v) protect the rights, property or personal safety of Propeller, its employees, owners, users and/or the public.
d. You understand that the Site and software embodied within the Site may include watermarks or other security components that permit digital materials to be protected from unauthorized reproduction or distribution, and that use of these materials is subject to rules of use set by us and/or the providers of such content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
e. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or its Contents. You further agree not to provide any other person access to your User Account or otherwise sell, trade, resell or exploit access to the Site for any commercial purposes.
9. INTERSTATE NATURE OF COMMUNICATIONS SPECIAL REQUIREMENTS CONCERNING INTERNATIONAL USE, AND FOR EXPORT AND IMPORT COMPLIANCE
a. When you register with us, you acknowledge that in using the Site or the Services to send electronic communications (including but not limited to e-mail, search queries, uploading photos and files, and other Site activities), you will be causing communications to be sent through Propeller’s computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of Propeller’s network architecture and business practices and the nature of electronic communications, even those communications which may seem to be local in nature can result in the transmission of interstate communications, regardless of where you are located physically at the time of transmission. Accordingly, by agreeing to this Use Terms, you acknowledge that your use of the Site and/or the Services involves interstate data transmissions.
b. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Site and the posting and uploading of certain User Content to the Site may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the United States Export Administration Regulations (see www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Site or Services to export-prohibited parties or countries; (c) will not use the Site or Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Site or Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
10. CONTRIBUTIONS OF IDEAS TO PROPELLER
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Propeller, whether via e-mail, postings or through any other means for we may provide for submitting suggestions or feedback, you acknowledge and agree that: (a) all such Contributions will become the property of Propeller automatically upon submission, with no further obligation to you; (b) Propeller shall be under no obligation of confidentiality, express or implied, with respect to the Contributions; (c) Propeller shall be entitled to disclose, adopt, or use (or not use, adopt or disclose) any Contributions for any purpose, in any manner, through any media worldwide; (d) Propeller may already have developed or be in the process of reviewing or considering something similar to the Contributions; (e) your Contributions does not contain confidential or proprietary information; and (f) you shall not be entitled to any compensation or reimbursement of any kind from Propeller under any circumstances as a result of Propeller’s review, consideration, disclosure, adoption, modification, use, or dissemination of the same.
You agree to indemnify and hold Propeller and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit, modify or otherwise make available through the Site, your use of the Site and/or Services, your connection to the Site, your violation of the Use Terms, or your violation of any rights of another.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Propeller may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that e-mail messages, user posts, or other User Content will be retained by the Site, the number of e-mail messages that may be sent from or received by a User Account during a designated time period, the maximum size of any e-mail message that may be sent from or received by a User Account, the maximum disk space that will be allotted on our servers on your behalf, the number of times you may access the Site in a designated time period and/or the amount of time during which you may have access to the Site during any designated time period. You agree that Propeller has no responsibility or liability for the deletion or failure to store any User Content or e-mails or other communications that may be maintained or transmitted by the Site. You acknowledge that Propeller reserves the right to log off any account connected to the Site that remains inactive for an extended period of time. You further acknowledge that Propeller reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SITE
Propeller reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services, in whole or in part, with or without notice to you. You further understand that any such modifications may result in the removal of your User Content or deletion of e-mails or other correspondence hosted by the Site. You agree that Propeller shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services (or any parts thereof).
You may terminate your User Account or Student Account, along with your access to the Site, at any time by submitting a termination request to Propeller.
You agree that Propeller may terminate your account at any time without any prior notice to you. Additionally, Propeller may, without prior notice, limit your access to or suspend your User Account, any associated e-mail address, and access to the Site. Causes for suspension or limitation of access may include, but are not be limited to, breaches of the Use Terms, requests by law enforcement, discontinuance or material modification to the Site (or any part thereof), unexpected technical problems, security issues, extended periods of account inactivity, or fraudulent or illegal activities by you in connection with the Site. Further, you agree that any and all limitations of access, suspensions for cause, or the termination of your User Account are to be made in our sole discretion, and that we shall not be liable to you or any third party for the same.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including any payments thereto and/or the delivery of goods or services therefrom, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and each such advertiser. You agree that Propeller shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
The Site may provide, or third parties may provide, links to other websites or resources, and you agree and acknowledge that we are not responsible for the any activities related thereo, including the availability of such external sites or resources. Further, you agree and acknowledge that Propeller does not endorse and is not responsible or liable for any Content, Services, advertising, products or other materials on or available from such websites. You further acknowledge and agree that Propeller 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 website or resource.
17. PROPELLER’S PROPRIETARY RIGHTS
a. You acknowledge and agree that the Site, including all and any necessary software used in connection with the Site (“Software”), contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all Content and other information presented through the Site, including advertisements placed on the Site, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Propeller or the applicable rights holder (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, such Content or the Software, in whole or in part.
b, You agree that all of Propeller’s trademarks, trade names, service marks and other Propeller logos and brand features, and product and service names are trademarks and the property of Propeller Mfg. (the “Propeller Marks”). Without Propeller’s prior permission, you agree not to display or use in any manner the Propeller Marks, including adopting any marks or trade names which contain or comprise any of the Propeller Marks, or any marks which are confusingly similar to the Propeller Marks.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE AND SOFTWARE ARE AT YOUR SOLE RISK. THE SITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROPELLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. PROPELLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SOFTWARE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SOFTWARE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROPELLER OR THROUGH OR FROM THE SITE, SOFTWARE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USE TERMS.
E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE OR THE PROPELLER SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE OR PROPELLER SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE OR PROPELLER SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
F. 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 OF THIS SECTION 18 MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPELLER AND ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS, PARENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 PROPELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR THE PROPELLER SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROPELLER SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PROPELLER SERVICE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PROPELLER OR ANY OF ITS SUBSIDIARIES, SUCCESSORS, PREDECESSORS, PARENTS, AFFILIATES, OR CONTENT SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR LICENSORS OWED TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU ARISING FROM THIS AGREEMENT, ITS TERMINATION OR EXPIRATION, AND/OR YOUR USE OF ANY CONTENT OR SERVICES PROVIDED BY PROPELLER, EXCEED TEN (10) TIMES THE MONETARY AMOUNT ACTUALLY RECEIVED BY PROPELLER FOR THE USE OF THE APPLICABLE CONTENT OR SERVICES.
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 OF THIS SECTION 19 MAY NOT APPLY TO YOU.
You understand and agree that the Site may include, or that we may send you certain administrative messages or notices, such as changes to the Use Terms, maintenance notices, service change announcements, and updates on affiliate associations, and that because such communications are considered part of the Site membership, it won’t be possible for you to opt out of receiving them. These messages and/or notices may be sent in any manner Propeller deems appropriate, in its sole discretion, including by but not limited to e-mail, regular mail, SMS, MMS, text message, postings on the Site, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Use Terms by accessing the Site in an unauthorized manner. Your agreement to these Use Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
21. POLICY CONCERNING MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Propeller respects the intellectual property of others, and we ask our users to do the same. Propeller takes very seriously any claims that any portion of the Content infringes upon the valid intellectual property rights of others. Therefore, in accordance with the guidelines set forth in the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, Propeller will work with owners of copyrights in combatting copyright infringements by promptly removing infringing materials from the Site. Additionally, we may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a manner that constitutes infringement of your copyright, or if you believe that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice of infringement with our designated agent:
Attn: DMCA Agent
5815 W. Sunset Blvd.
Los Angeles, CA 90028
Each notification of infringement must contain the following:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent, or the law;
f. a statement made by you, under penalty of perjury, that the information in your notice is accurate, and that you are either the copyright or intellectual property owner or else are authorized to act on the copyright or intellectual property owner’s behalf.
22. GENERAL INFORMATION
a. Entire Agreement. These Use Terms constitute the entire agreement between you and Propeller and governs your use of the Site, superseding any prior version of this Use Terms between you and Propeller with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Site, affiliate services, third-party content or third-party software.
b. Choice of Law and Forum. You and Propeller each agree that the Use Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Use Terms, or the relationship between you and Propeller, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Propeller agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
c. Waiver and Severability of Terms. The failure of Propeller to exercise or enforce any right or provision of the Use Terms shall not constitute a waiver of such right or provision. If any provision of the Use Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Use Terms remain in full force and effect.
e. No Right of Survivorship and Non-Transferability. You agree that your User Account is non-transferable and any rights to your User Account or contents within your User Account terminate upon your death. Upon receipt of a copy of a death certificate, your User Account may be terminated and all contents therein permanently deleted.
f. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Use Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
g. Section Titles. The section titles in these Use Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Use Terms by others by sending us a detailed e-mail outlining the violations, the date and time of the violation(s) being reported (if known) and the identify of the party engaged in the activities being complained of, addressed to: abuse@UpcyclingTextbooks.org