Terms and Conditions of Use

K12PlayGround.com is the copyright of and operated by the Educational CyberPlayGround, Inc. All Rights Reserved World Wide.

ANY PERSON or BUSINESS SUBSCRIBING TO AND USING
K12PLAYGROUND™ WEB SITE AGREES TO BE BOUND BY THE 
FOLLOWING TERMS AND CONDITIONS:

1. Copyright:
All materials published on this site (including but not limited to images, text, illustrations and audio clips) are protected by the copyright laws of the United States or other jurisdictions and are owned or controlled by the Educational CyberPlayGround Inc.® or third party providers of the materials. The materials are provided solely for the personal noncommercial use of registered subscriber/users of the Educational CyberPlayGround, Inc.'s K12PlayGround.com. Any copying, further distribution, commercial use or nonpersonal use of the images, texts, programs or other materials found in this site, without the express written consent of the Educational CyberPlayGround, Inc.®K12PlayGround.com™ site or the owner of the intellectual property involved, is strictly prohibited.

The MediaCommons fair use statement reads as follows: MediaCommons is a strong advocate for the right of media scholars to quote from the materials they analyze, as protected by the principle of "fair use." If such quotation is necessary to a scholar's argument, if the quotation serves to support a scholar's original analysis or pedagogical purpose, and if the quotation does not harm the market value of the original text -- but rather, and on the contrary, enhances it -- we must defend the scholar's right to quote from the media texts under study. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who are using information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
By posting a message or contributing in anyway to this web site, including, but not limited to, sending comments and email, to this web site, you expressly grant The Educational CyberPlayGround Inc.® the right to use in any way, copy, or republish your message or other contribution as part of its property. The Educational CyberPlayGround Inc.® reserves the right to change, update, discontinue, or restrict or prevent access to this web site or the Materials at any time without notice.

2. External Links:
Educational CyberPlayGround, Inc.® K12PlayGround.com™ site contains hyperlinks that will let you access other World Wide Web sites. These sites are not under the control of the Educational CyberPlayGround, Inc. or K12PlayGround.com™ site, and assumes no responsibility or liability for any material that may reside in any external web site. Educational CyberPlayGround Inc.® K12PlayGround.com™ site does not make any representations regarding the quality of any product or service contained at any such site.

3. Content Submission:
Certain areas of the K12PlayGround.com™ web site allows for the exchange of information between subscriber/user and the Educational CyberPlayGround Inc.® The K12PlayGround.com™ site, and the Subscriber/User expressly grants Educational CyberPlayGround Inc.® site the authority and right to use that content in any way. All intellectual property created hereunder is the sole property of The Educational CyberPlayGround Inc.®. Licensee hereby disclaims all such rights in all intellectual property created hereunder. There is no intent to create any "joint works" and the parties are not "joint authors."

4. Accuracy of Information:
Educational CyberPlayGround Inc. ® K12PlayGround.com™ site endeavors to keep information available on the K12PlayGround.com™ site accurate. However, Educational CyberPlayGround Inc.™ K12PlayGround.com™ site makes no guarantee of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the opinions, data and/or information available. User acknowledges that any reliance upon such opinions, data and/or information obtained from or through Educational CyberPlayGround Inc.® K12PlayGround.com™ site is at the sole risk of the Subscriber/User.

5. Disclaimer:
The Educational CyberPlayGround Inc.® K12PlayGround.com™ site services and all downloadable software are offered on an "as is" basis, without warranties of any kind, either express or implied. The Subscriber/User assumes all responsibility for use of the Educational CyberPlayGround Inc.® K12PlayGround.com™ web site and waives all claims against Educational CyberPlayGround Inc.®K12PlayGround.com™ sites that may arise from utilization of this site. Further, Educational CyberPlayGround Inc.®K12PlayGround.com™ sites shall in no event be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages resulting from or caused by this web site or its content, including without limitation from Subscriber/User's use or inability to use the site, delays in operation or transmission, communications line failure, or any error or omissions in content.

7. Indemnity:
Subscriber/User agrees to indemnify, defend, and hold Educational CyberPlayGround Inc.® K12PlayGround.com™ site, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach of the Subscriber/User Agreement by Subscriber/User or any user of Subscriber/User's account. The prevailing party shall be entitled to recover all costs and expenses, including but not limited to reasonable attorneys' fees, which costs and reasonable attorneys' fees shall be included as part of any judgement rendered in such action in addition to any other relief to which the prevailing party may be entitled.

8. Abuse of Services:
Subscriber/User agrees that he/she will not, in any way, modify, move, add to, delete or otherwise tamper with the information contained in Educational CyberPlayGround Inc.® K12PlayGround.com™ site, nor will Subscriber/User decompile, reverse engineer, dissemble or otherwise unlawfully use any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in Educational CyberPlayGround Inc.® K12PlayGround.com™ site.

9. General:
In the event that any term, condition, or provision of this Agreement is determined for any reason to be unlawful, invalid, void or unenforceable, it will not affect any other portion of this Agreement. in any respect in any jurisdiction. This Agreement may not be modified, changed, discharged or terminated except by an instrument, in writing, signed by the party against whom enforcement of any modification, change, discharge or termination is sought. A signed writing means one that is actually signed by a party. Digital communications, whether electronic mail or other digital communication, originating from a party does not constitute a signed writing for the purposes of this Agreement.

Furthermore, by using this web site, you represent that:
You are over 13 years old and have the capacity to be bound by these terms and conditions and if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

10. CONTRACT: Choice of Law:
This Subscriber/User Cointract is deemed to be entered into and performed in the State of Pennsylvania and is governed by and construed in accordance with the laws of that state. Venue for any claim or dispute arising out of this Agreement shall be in Montgomery County, PA USA

Educational CyberPlayGround Inc. 276-633-0388