Terms and conditions
Last updated: 1st July 2013
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE LISTED HERE. USE OF THE SERVICE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SERVICE. THESE TERMS AND CONDITIONS ARE ISSUED BY SML JV LLC.
These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
You should print a copy of these Terms and Conditions for future reference.
These are the Terms and Conditions that apply to use of: (a) the website located at www.sharemylesson.com and all corresponding web pages and websites associated with the foregoing URL (“Website”) and (b) any other content, applications, features, functionality, information and services offered by us through the Website (together with the Website, collectively the “Service").
Who We Are
The Service is brought to you by SML JV LLC, Share My Lesson, 555 New Jersey, Ave. N.W., Washington, DC 20001("SML"). References to "we", "our" and "us" are references to SML.
Subject to the terms and conditions herein, the Service currently provides users with access to various online features, functionality, information, services and resources, which may include forums, recruitment services, marketplace and specialist content. Unless explicitly stated otherwise, any new features of the Service will be subject to these Terms and Conditions.
Eligibility And Supervising Children
Certain aspects of the Service may require you to register and provide information about yourself. By using the Service, you represent, warrant and covenant that: (a) you are 13 years of age or older and reside in the United States of America, its territories and possessions (the “U.S.”), (b) your use of the Service does not violate (i) any applicable law, rule or regulation and (c) (i) all registration information you provide is true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (ii) you will maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
SML is concerned about the safety and privacy of all its users, particularly children. Certain features of the Service may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review these Terms and Conditions with your parent or guardian. Your parent or guardian should agree to these Terms and Conditions on your behalf and parental discretion is advised for all users under the age of 18. For this reason, parents, teachers or guardians who wish to allow their children or pupils access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, he/she may be able to access various services including forums. As you will see below, SML does not pre-screen content posted to these pages of the Service and as the legal guardian, it is therefore your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.
Member Account, Password And Security
The Internet is not a secure medium. However, SML will endeavor to protect all personal information collected through the Service in accordance with strict data protection standards.
The registration processes on the Service may involve your giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SML of any unauthorized use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. SML cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Our forums, resource bank and any pages or other message, comment and communication features of the Service where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including Registration Data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. SML accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on the Service by you or any third-party.
You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such Content.
If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any Content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in Registration Data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.
You agree to not use the Service to:
- upload, post, email, PM (personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SML staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation;
- collect or store personal data about other users;
- post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means; and/or
- advertise any job vacancies in any area of our forums (other than through a feature of Service which is clearly designated as a recruitment service).
You acknowledge that SML does not pre-screen Content that you post on the Service, but that SML and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Service. If SML determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, SML may refuse to accept or may remove any Content from the Service, without any liability to you or a third-party.
SML reserves the right to investigate and take appropriate legal action against anyone who, in SML’s sole discretion, violates, or is suspected of violating, this section, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that SML may access, preserve and disclose your account and registration information and any other Content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content or information violates the rights of any third-party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of SML, its users or any third parties.
You agree to indemnify, defend and hold SML and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of (a) your use of the Service, (b) your violation of these Terms and Conditions or any applicable law or regulation or the rights of any third parties related to the use of the Content and the Service or (c) your Content. This indemnity includes both any liability to third parties, and other costs and losses incurred by SML.
Rights In Posted Content
Content uploaded by a user remains the property of that user.
SML does not acquire any title or ownership rights in the Content that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any such Content, you continue to retain any such rights that you may have in such Content, subject to the rights, licenses and privileges granted herein.
With respect to all Content you post on the Service, you grant SML a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Service, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to SML, including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise have adequate rights to grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify SML and its affiliates for all claims brought by a third-party against SML or its affiliates in respect of infringement of that third-party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.
You acknowledge that other persons may have submitted Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Content or concepts contained therein, and you understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Content you or anyone else submits, that is purely coincidental and unavoidable.
If you object to the publication of any material placed in our forums, please let us know by clicking on the 'Report abuse' link next to the relevant post/message. This is the fastest way to notify us and will provide a direct link to the post/message in question.
If you object to anything anywhere else on this Website, please let us know by calling the Compliance Officer or by sending an appropriately worded email to firstname.lastname@example.org we will take whatever action we deem appropriate.
General Practices Regarding Use And Storage
You acknowledge that SML may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SML has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SML reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that SML reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
SML reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SML shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
You agree that SML, in its sole discretion and without liability to you or any third-party, may suspend or terminate, with or without notice, the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SML believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not SML’s only remedy and SML may take any other action we reasonably deem appropriate in connection with such breach. It is our policy to terminate the user accounts of repeat infringers.
Links To Other Websites Or Resources
The Service may provide, or third parties may provide, links to other websites or resources. Because SML has no control over these sites and resources, you acknowledge and agree that SML is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SML 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 site or resource.
Use of SML Material
All articles, information and other materials contained, presented and/or made available on, through or in connection with the Service are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to SML. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of the Service without SML’s written consent. You acknowledge that, by making use of the Service, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
SML's Proprietary Rights
SML is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Service (including any Content contained, presented and/or made available on or through the Service and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third-party copyrights, trade marks, service marks, patents or other proprietary rights and laws.
Share My Lesson is a trademark of SML JV LLC and "AFT" is a trademark of the American Federation of Teachers, AFL-CIO (collectively the "Marks"). You agree not to display or use in any manner, the Marks, without the trademark owner’s express prior written permission.
Use of Service
SML grants you a personal, non-commercial, non-transferable and non-exclusive right and license to use the Service for their intended purpose subject to your compliance with these Terms and Conditions. This license does not include the right to collect or use information contained on the Service for any purpose not specifically listed in these Terms and Conditions, to compete with SML, to create derivative works based on the Content of the Service, or download or copy the Service, including any part of the Website (other than page caching). If you use the Service in a manner that exceeds the scope of this license or you breach these Terms and Conditions, SML may revoke the license granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, providing links to, creating derivative works of or otherwise communicating or making available to third parties any part of the Content of the Service without SML’s prior written consent.
You acknowledge that, by making use of the Service, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
From time to time, SML, or the Service’s operational service providers, suppliers, and advertisers may conduct promotions on, through or in connection with the Service, including, without limitation, contests and sweepstakes (collectively, the “Promotions”). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you and, for purposes of each Promotion, shall be deemed incorporated into and form a part of these Terms and Conditions.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Service;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
- 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; and
- 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.
Written notification of claimed infringement must be submitted to the following Designated Agent:
The Compliance Officer – SML JV LLC
SML Copyright Agent
SML JV LLC
Share My Lesson, 555 New Jersey, Ave. N.W., Washington, DC 20001
Facsimile Number of Designated Agent: + 44 20 7194 3300
Email Address of Designated Agent: email@example.com
For clarity, only DMCA notices should be sent to the Designated Agent. You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to SML for use on the Service, you may send a counter-notice containing the following information to our Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, SML may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SMLs’ sole discretion.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WE DO NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR FITNESS FOR PURPOSE OF THE CONTENT PROVIDED ON OR THROUGH THE SERVICE OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF SML FOR ANY ERRORS, OMISSIONS OR INACCURATE INFORMATION ON OR AVAILABLE THROUGH THE SERVICE.
- THE CONTENT ON AND/OR MADE AVAILABLE THROUGH THE SERVICE IS FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED TO, NOR DOES IT, CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE OR SERVICES OR A RECOMMENDATION TO PURCHASE ANY PRODUCT OR SERVICE UPON WHICH A SPECIFIC DECISION SHOULD BE MADE. THE INFORMATION CONTENT OF THE SERVICE DOES NOT ADDRESS YOUR PARTICULAR CIRCUMSTANCES AND ACCORDINGLY YOU SHOULD NOT RELY UPON THE CONTENT OF THE SERVICE AS A SUBSTITUTE FOR PROPER PROFESSIONAL ADVICE.
- SML IS NOT RESPONSIBLE FOR HOW THE CONTENT ON OR AVAILABLE THROUGH THE SERVICE IS USED, IS INTERPRETED OR WHAT RELIANCE IS PLACED ON IT. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR THE RESULTS OF ANY ACTION TAKEN ON THE BASIS OF THE INFORMATION PROVIDED ON OR AVAILABLE THROUGH THE SERVICE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SML SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
You acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of SML and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms and Conditions or as required by applicable law.
For the purposes of these Terms and Conditions, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of SML, its users and members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade secrets, training materials, personnel, clients, methodologies, Content belonging to others and other intellectual property.
LIMITATIONS OF LIABILITY
SML’S LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) WITH REGARD TO THESE TERMS AND CONDITIONS, AND/OR USE OF ANY SERVICE SHALL BE LIMITED THE GREATER OF: (A) $150 AND (B) THE PRICE PAID BY YOU TO SML UNDER ANY CONTRACT DURING THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, SML SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, NOR FOR DIRECT OR INDIRECT LOSS OF PROFITS REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, OPPORTUNITY, REPUTATION, BUSINESS INTERRUPTION, USE, DATA OR INTANGIBLE LOSSES IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THESE TERMS AND CONDITIONS EVEN IF SML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF SML.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Events Outside Of Our Control
SML will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
SML’s performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
If you have any complaints about the Service, we want to hear from you so we can improve our service. Please email us on firstname.lastname@example.org and we'll consider your comments carefully.