The following rules govern the use by you of Learning Matters. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on Learning Matters (collectively, “Information”). BY SIGNING ON AND USING Learning Matters.org, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
1. Personal Uses Permitted.
Learning Matters is an online information exchange service for use by Learning Matters, its sister organizations and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
2. User’s Obligation to Abide By Applicable Law.
In connection with the use of Learning Matters, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (”Applicable Law”). The Information available on Learning Matters may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (”Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
3. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Learning Matters may, in the course of their regular duties, have access to communications for technical or operational purposes. Learning Matters may also disclose any communications to the extent permitted or required by law.
4. Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through Learning Matters any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (”Rogue Programming”). Learning Matters has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on Learning Matters is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
5. Content of Information.
You are responsible for the content of any Information you put on Learning Matters. The Information posted to Learning Matters does not necessarily reflect the views of Learning Matters and in no event shall Learning Matters assume or have any responsibility or liability for any information posted to Learning Matters or for any claims, damages or losses resulting from the use and/or appearance of such information on Learning Matters. Learning Matters has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on Learning Matters. Learning Matters reserves the right to review any Information that is or becomes available on Learning Matters. Learning Matters reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in Learning Matters’s sole discretion, unacceptable, undesirable or in violation of these rules. Learning Matters has no obligation to exercise such reservation of rights by Learning Matters; however, Learning Matters has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Learning Matters system or network who are repeat infringers. Learning Matters may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to Learning Matters, you grant Learning Matters a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While Learning Matters strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the non-Learning Matters.org content to which we link.
The MP3 audio files and XML files that together comprise a Learning Matters-hosted podcast (herein referred to as the “podcast”) are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the producer, including the content and technology included therein, are reserved to the producer. Learning Matters-hosted podcast(s) are available for personal, noncommercial use only. You may link to Learning Matters podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:
(a) you do not modify or delete any of the podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the podcast nor any audio file downloaded from Learning Matters.org;
(c) the use or display does not suggest that Learning Matters, local Learning Matters member stations nor the producer of the podcast(s) promotes or endorses any third party causes, ideas, Web sites, products or services;
(d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and Learning Matters.
For permission requests, please email firstname.lastname@example.org.
Producers and Learning Matters reserve the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.
The podcast producer and/or Learning Matters may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the podcast producer, Learning Matters, nor any Learning Matters sister organization be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s).
7. Disclaimer of Warranties.
Learning Matters IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Learning Matters NOR THE MEMBER STATIONS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT Learning Matters WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
8. Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Learning Matters OR IT’S SISTER ORGANIZATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE Learning Matters, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON Learning Matters, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
9. Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Learning Matters AND/OR ITS SISTER ORGANIZATIONS ARISING FROM OR IN CONNECTION WITH YOUR USE OF Learning Matters. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, Learning Matters AND ITS SISTER ORGANIZATIONS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF Learning Matters OR FAILURE TO ABIDE BY APPLICABLE LAW.
These rules may be modified by Learning Matters from time to time and such modifications will be binding on you when placed online.
11. Terms and Conditions for Use of the Learning Matters online shop.
Please read the Terms and Conditions for Use of Learning Matters shop Agreement carefully before accessing the Service. By accessing the Service, you agree to be bound by the terms and conditions below.