3. Reprint Rights. Articles on this Site may be reproduced in limited numbers for nonprofit and educational use, as long as Looking Glass Ventures, LLC’s copyright notice is included and any other credit, byline, and copyright notice attributable to a specific article is also reproduced. Please list the source: “Originally published (insert publication date referenced with the article or other content) © theSmartBean.com, Looking Glass Ventures, LLC.”
4. Use of Widget. At its sole discretion, LGV may make available a SmartBean Widget to distribute SmartBean media and content. If you use the SmartBean Widget on your Web site, you must include a prominent source link back to the Site on the pages containing the Widget and you may not modify, build on, or block any portion of the Widget in any way.
Prohibited commercial uses include any of the following actions taken without LGV’s express approval:
- Sale of access to the Site or its related services on another Web site.
- Use of the Site or its related services (for the primary purpose of gaining advertising or subscription revenue.
- The sale of advertising, on the Site or any third-party Web site, targeted to the content of specific User Submissions or SmartBean content.
Prohibited commercial uses do not include-
- using the SmartBean Widget on an ad-enabled blog or Web site, provided the primary purpose of using the SmartBean Widget is not to gain advertising revenue.
- any use that LGV expressly authorizes in writing.
5. Downloadable Content. You may download only the Content designated as downloadable for noncommercial educational purposes only. You are permitted to download the Content, incorporate the Content unmodified into a presentation (such as a Microsoft PowerPoint or in an essay), and present copies of the Content, but you may not edit or alter the Content or create any derivative works of the Content. If you are using an Internet site to present SmartBean content, please use the Widget, as noted in Section 4.
6. User Submissions, Forums, and Blogs.
a. You are welcome to post, transmit, or submit messages (collectively “Messages”) to bulletin boards, blogs, or other public areas within, or in connection with, this Site (collectively “User Submissions”). You acknowledge and agree that the materials submitted by you are being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between LGV and you by your submission of the materials submitted by you. If your Message includes a reference to your school or students, you attest that you have followed your school district’s policy for receiving permission from each parent/legal guardian whose child is depicted in the Message, and that you have the permission of the principal or headmaster to make a particular Message, or, if no such policy exists, that you have obtained written consent from at least one parent/guardian of each student who appears in your Message. Messages that include images or video should not contain any visible logos, drawings, cartoons, phrases, trademarks, or other third-party materials. If a Message includes any third-party materials (including but not limited to, any copyright, trademark, logo, or mark that identifies a brand), the owner of such trademark, brand, copyright, logo, and so on, may insist that his trademark, brand, copyright, logo, and so on, be removed from the site. LGV accepts no responsibility whatsoever in connection with or arising from such Messages. LGV does not endorse and has no control over the content of Messages submitted by others as User Submissions. Messages submitted as User Submissions are not necessarily reviewed by LGV prior to posting and do not necessarily reflect the opinions or policies of LGV. LGV makes no warranties, express or implied, as to the content of the Messages as User Submissions or the accuracy and reliability of any Messages and other materials as User Submissions. Nonetheless, LGV reserves the right to prevent you from submitting Materials as User Submissions and to edit, restrict, or remove such Messages for any reason at any time.
b. From time to time, LGV may invite User Submissions to outside sites (such as YouTube and TeacherTube) with tags such as “SmartBeantips.” If you use these sites, please carefully read the Terms and Conditions, as LGV makes no warranties, express or implied, as to the content and service of these sites.
c. LGV assumes no responsibility for actively monitoring User Submissions for inappropriate Messages. If at any time LGV chooses, in its sole discretion, to monitor the User Submissions, LGV nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages as User Submissions, you agree to strictly limit yourself to exchanges about the subject matter for which the User Submissions are intended. You agree that LGV accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts, or removes your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
d. Children under the age of 13 are not authorized to post messages or participate in making User Submissions.
e. LGV presents a variety of viewpoints. The views expressed or implied on theSmartBean.com regarding any program, organization, resource, product, person, place, or school should not be interpreted as an endorsement by LGV personally. Any informational materials provided on the Site, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment, or other advice. Without limitation of the Disclaimer paragraphs set forth below, LGV makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Site. If you have concerns or a situation in which you require professional advice, you should consult with an appropriately qualified professional in the relevant field.
f. LGV welcomes story ideas and pitches that relate to learning and teaching in our nations public schools from educators and professional writers alike. If you send any submission or, despite our request that you not send us any other creative materials (including materials you upload to, distribute through or post on theSmartBean.com or any LGV-related site), you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”), you hereby grant LGV and its agents and licensees a worldwide, royalty-free, fully paid, perpetual, irrevocable, nonexclusive right and license to use, including without limitation the right to reproduce, modify, adapt, publish, translate, and distribute such materials (in whole or in part or alone or in combination with other material) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark, or patent that may exist in such material for any purpose that LGV chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. The sender waives all so-called moral rights in all Submissions. The sender further waives the right to make any claims against LGV relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract, and/or breach of confidentiality.
7. User-Generated Content Calls. From time to time, LGV may give you opportunities to participate in LGV-sponsored events, promotions, and presentations through calls for User Generated Content (UGC). UGC Calls posted on this Site will contain guidelines for providing LGV with your submission. These submission guidelines are designed to assist you in providing LGV with a submission that suits our needs. LGV may, at its discretion, alter or change the guidelines without notice to you. For instance, LGV may extend a deadline for submissions, or accept and/or reject submissions that fall outside the guidelines at its discretion. UGC Calls are not contests, and LGV does not guarantee that any submission you provide will be reviewed or even considered for publication. In some cases, submissions not chosen in a UGC Call may be used on the Site before, during, or after the close of the UGC Call. Such appearance on the LGV site is independent of the decision to use you for a particular event, promotion, or presentation.
8. Links. This Site includes links to other Internet sites solely as a convenience to users. LGV does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, LGV makes no express or implied warranties with regard to the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at the user’s own risk.
9. Communications. You agree that your activities on the Site (including without limitation the submission of any Messages to Forums, or any of your Posted Material) will not
a. infringe LGV or any third party’s copyright, trademark, trade secret, or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums or any of your Posted Material, you represent to LGV that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner).
b. reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential.
c. constitute (or encourage conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violate any local, state, national, or international law or create liability for LGV or cause LGV to lose (in whole or in part) the services of our ISPs or other suppliers.
d. transmit content LGV considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, or racially, ethnically, or otherwise objectionable.
e. impersonate or claim the identity, characteristics, or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate, or misleading.
f. unless specifically authorized by us, be for commercial purposes or contain advertising or be intended to solicit a person to buy or sell services or to make donations, including spam or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section.
g. constitute, contain, or encourages make-money-fast-type messages, chain letters, or pyramid schemes of any type.
h. contain any virus or other harmful component or any other potentially damaging content or otherwise disrupt the normal flow of communication in or operation of the Site in any way or take any action that imposes an unreasonable or disproportionately large load on LGV’s infrastructure, including without limitation denial-of-service attacks.
i. attempt to circumvent user authentication or the security of any user account or use any robot, spider, or other automatic device or manual process to monitor or copy the Site’s Web pages or any of the materials contained in them.
j. be libelous, or constitute an invasion on privacy or publicity rights.
11. Disclaimer of Warranties. THE MATERIALS IN THIS SITE, INCLUDING WITHOUT LIMITATION THE SITE CODE, ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LGV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES AVAILABLE, OFFERED, OR SOLD THROUGHOUT THIS SITE. LGV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, INCLUDING WITHOUT LIMITATION THE SITE CODE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES. LGV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION THE SITE CODE, IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LGV) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
12. No Consequential Damages; Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LGV BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE SITE CODE, ON THIS SITE OR ANY OTHER INTERACTIONS WITH LGV, EVEN IF LGV OR A LGV-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Injunctive Relief; Governing Law; Venue.
16. International Matters. LGV is controlled and operated from its United States offices in Illinois. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Disclosures. The services hereunder are offered by LGV, located at 778 Frontage Road Suite 117, Northfield, IL 60093.
18. Copyright Infringement Policy; Notice of Copyright Infringement Claims
Digital Millennium Copyright Act, Safe Harbor Notice Provisions
It is the policy of LGV to respect the intellectual property of others. If you are alleging that copyrighted material may have been or is being infringed with respect to any items on the Site, you may notify LGV pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below.
Such notice must include the following to be effective:
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 LGV to locate the material.
d. Information reasonably sufficient to permit LGV to contact you, such as an address, a telephone number, and, if available, an email address at which you may be contacted.
e. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent for All Notices
All written notices should be sent to the following Designated Agent:
Looking Glass Ventures
778 Frontage Road Suite 117
Northfield, IL 60093
© 2009 Looking Glass Ventures, LLC and/or its affiliated and related entities. All rights reserved.
Effective Date: 1/1/2009