Global Unified Earth Systems Studies (GUESS) Honors

 

Terms of Use – Copyright Issues – Privacy Concerns

 

1. Acceptance

 

Welcome to GUESS Honors!  By accessing, browsing and using GUESS Honors, you accept, without limitation or qualification, all the Terms and Conditions listed in this disclaimer. All applicable laws apply.

 

2. Access

 

While the GUESS Honors web site is provided for public use, the user is responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access GUESS Honors. The user is responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the GUESS Honors site.

 

3. Disclaimer of Liability

 

Use of this service is at your sole risk.  GUESS Honors is provided on an "as is" and "as available" basis.  GUESS Honors makes no warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose; nor assumes any legal liability or responsibility for the accuracy, completeness, availability or usefulness of information, apparatus, product, or process disclosed.

 

GUESS Honors shall not be liable for any direct, 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 GUESS Honors has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service; (ii) unauthorized access to or alteration of your transmission or data or (iii) any other matter relating to the service.

 

4. Middle School General Sciences

 

In using the GUESS Honors Middle School General Sciences area, you agree to access and use GUESS Honors only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of GUESS Honors, including any Middle School General Sciences pages.  By accessing GUESS Honors you agree that you will not: (i) post or use GUESS Honors to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access GUESS Honors; (iv) disrupt the normal flow of communication on any Middle School General Sciences page or interactive area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; or (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users.

 

5. Discussion Boards

 

GUESS Honors contains discussion boards ('boards'). GUESS Honors reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in GUESS Honors' sole discretion.

 

By using the boards, you acknowledge that all boards are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or minors in any board. Generally, any communication that you post to the Service is considered to be non-confidential. You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the boards only to send and receive messages and material that are legal, proper and related to the particular board.

 

6. External Links

 

GUESS Honors provides many links to sites operated by independent site owners.  These links are provided as a convenience to the user and do not imply endorsement by GUESS Honors or permission by the site owners.  GUESS Honors shall not be held liable for the accuracy or appropriateness of any external links or their content.

 

7. Indemnity

 

You agree to indemnify and hold GUESS Honors, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

 

8. Termination

 

The only right with respect to dissatisfaction with any policies, guidelines, or practices of GUESS Honors or any Content, is for you to discontinue accessing the GUESS Honors web site.

GUESS Honors, in its sole discretion, may terminate or temporarily suspend your access to all or any part of the site without notice. GUESS Honors may discontinue operating and terminate this Agreement without notice at any time for any reason in its sole discretion.

 

9. Copyright and Other Proprietary Rights

 

You acknowledge and agree that GUESS Honors, all "Content" contained within GUESS Honors including, but not limited to, text, graphics, electronic art, animations, audio, video, programming and software contained within GUESS Honors and any necessary software used in connection with GUESS Honors contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws pertaining to copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GUESS Honors in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on GUESS Honors, in whole or in part. Therefore, you warrant that you will not copy, publish, reproduce, modify or distribute such Content without the express permission of the owner in violation of US or other laws, including such laws relating to copyright, trade secrets and/or any other statutory or regulatory provisions. You agree not to reproduce, duplicate, copy, sell, resell, provide unauthorized access to or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. Linking to GUESS Honors

 

Users are encouraged to link to the GUESS Honors site and use the buttons provided for establishing links to the site which will be available soon. No individual or entity may explicitly or implicitly claim or suggest authorship or ownership over material copyrighted by GUESS Honors without the express, written permission of GUESS Honors.  This includes loading any GUESS Honors pages in a frames-based or other display environment that places advertising or a commercial logo or name alongside of any GUESS Honors content, names, logos, graphics or other material, except for as provided above.  Any entity or organization violating this clause of the Terms explicitly agrees to pay GUESS Honors licensing fees of $100 cpm (cost per thousand page views) for the actual number of page views reported by the violating entity and damages of $100,000.  The violating entity also agrees to pay GUESS Honors for all legal fees incurred in enforcing this clause of the terms.

 

11. Privacy Policy

 

GUESS Honors respects the privacy of all users. We may collect and store information for statistical purposes. For example, we may count the number of visitors to the different sections of our site to help us make them more useful to visitors. Independent web sites linked to through GUESS Honors may collect personal identifying information.  GUESS Honors is not responsible for this information collected, refer to the privacy policy of each independent site owner.

 

12. General

 

The Terms of Use, Copyright and Privacy constitute the entire agreement between you and GUESS Honors and govern your use of GUESS Honors, superseding any prior agreements between you and GUESS Honors. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and GUESS Honors shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GUESS Honors agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. The failure of GUESS Honors to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Use, Copyright and Privacy remain in full force and effect. 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 GUESS Honors or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.