Terms of Service

Welcome to flatclassroomconference.ning.com (the “Web Site”). 

Please read this User Agreement (the “User Agreement”), which governs the use of the Web Site by consumers (“you”). If you do not agree to this User Agreement, you must terminate your visit to this site immediately. 

1. Flat Connections registered to Learning Confluence Pty Ltd (“we” or “us”) and the Web Site provide an educational resource where students and teachers around the world can communicate regarding the powerful tools of Web 2.0 in the classroom. Nothing in this User Agreement, nor in the Flat Connections Privacy Policy (incorporated herein by reference) shall be construed as obligating us to continue operations, or to bind us to any users in any way if we choose to discontinue operations.  By accessing and using the Web Site, you assert that you are over the age of 13. 

2. Consumers visiting the Web Site agree to the following restrictions:

(a) Consumers will not reprint, republish, reproduce or distribute, in any way except as explicitly authorized in writing, any information, images, text or other materials found on the Web Site. You acknowledge that the materials on the Web Site (including, but not limited text, photos, images, graphics, illustrations, audio recordings, videos and/or films) are protected by copyright law, trademark law, state law rights of privacy and publicity and other federal, state and international protections, and you will not copy, publish, transmit, download, or otherwise distribute or appropriate our materials in any way without our prior written consent. Any unauthorized uses of our materials will result in an immediate breach of this User Agreement, as well as any other applicable state and/or federal laws. Upon such breach, we will pursue any and all remedies available to us under state and federal law, including but not limited to actions for breach of contract and copyright infringement. If you believe that material on our website infringes the copyrights of another, please email admin@flatconnections.com.

(b) The content of third parties, including links to stories and advertisements displayed and/or served on the Web Site are the property of their respective owners/creators. You acknowledge and agree that we have not reviewed the content of all sites linked to from our Web Site and that we are not responsible for the content of any of those sites, and do not take responsibility for them or endorse them.

3. (a) By submitting comments or other content (“Submissions”) to the Web Site, you authorize Flat Connections and its affiliates the perpetual, royalty-free, irrevocable worldwide right to use such content and release and hold harmless Flat Connections and its affiliates from any and all claims you might have for copyright infringement, trademark infringement, defamation, or violations of your right of privacy and publicity. You are solely responsible for such Submissions. Flat Connections accepts no responsibility whatsoever in connection with or arising from such Submissions. You hereby agree to and do indemnify and hold Flat Connections harmless from any and all claims by third parties arising from the use of such Submissions on the Web Site. We do not endorse and have no control over Submissions submitted by others to the Web Site. Submissions submitted to the Web Site are not necessarily reviewed by us prior to posting and do not necessarily reflect the opinions or policies of Flat Connections. We make no warranties, express or implied, as to such Submissions or their accuracy and reliability. Nonetheless, we reserve the right to prevent you from submitting Submissions and to restrict, delete or remove such Submissions for any reason at any time.

(b) We do not claim any ownership rights in the Submissions that you post to the Web Site. By displaying or publishing ("posting") any content on or through the Web Site, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the limited purpose of allowing us to use, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, and modify such content, including without limitation distributing part or all of the Web Site in any media formats and through any media channels, now known or hereafter devised. 

(c) You hereby represent and warrant that you are the sole author of any Submissions and that all Submissions represent the your original work, not copied in whole or part from any other source, and that the posting of Submissions shall not result in a breach of contract between you and any third party. Further, you attest that no Submissions will be libelous, obscene or otherwise defamatory or infringe on the rights of any entity or individual, including but not limited to copyright, trade name and trademark, and privacy and publicity rights. You grant us the right to publish your name and other information, as provided by you, to attribute Submissions to. 

4. While we do our best to prevent viruses, worms and other harmful materials from being distributed through the Web Site, we do not warrant that materials on the Web Site or available for download from the Web Site will be free of such materials. We will not be held liable for any damage, no matter how remotely related, caused by the use of the Web Site. Users assume all risk when viewing or otherwise accessing the Web Site. You agree to hold Flat Connections and its members, officers, directors, affiliated entities, employees, licensees, assigns, subsidiaries, agents, representatives and attorneys (the “Flat Classroom Parties”) harmless and defend and indemnify the Flat Classroom Parties from any and all claims, damages, costs and expenses, including attorneys’ fees, deriving from or in relation to your use of the Web Site, including but not limited to claims arising in connection with your Submissions, financial losses or damage to hardware, software or other equipment. For clarification, this will include disputes that are settled out of court or through arbitration.  We will make reasonable efforts to keep the website service available on an ongoing basis. You may experience poor performance from time to time based on the need for us to provide maintenance, temporary unavailability of the web or reasons beyond our control. We shall not be liable for these types of failures. 

5. Disclaimer of Other WarrantiesThe Material on This Website (Including, Without Limitation, All Content, Software, Functions, Services, Materials and Information Made Available Herein or Accessed by Means Hereof) Are Provided As Is to the Extent Provided By Law, Without Warranties of Any Kind, Either Express or Implied, Including But Not Limited to, Non-Infringement, Warranties of Merchantability, and Fitness for a Particular Purpose. You Acknowledge and Agree That The Information, Products and Services Provided on the Web site is Purely for Entertainment and Reference Purposes, and Such Content Should Not Be Construed As Creating Any Legally Binding Relationship, Obligation, Contract or Responsibility By and/or Between Flat Connections, the Web Site and You, Nor Should Such Content Be Relied Upon in Lieu of the Advice of A Professional. 

6. Limitation of Liability. You Assume Full Responsibility and Risk of Loss Resulting From Your Use of This Site and Any Information on This Site. Under No Circumstances Shall We or Any of Our Employees, Members, Licensees, Subsidiaries, Assigns, Affiliated Entities, Owners, Agents or Other Representatives be Liable for Any Indirect, Punitive, Special or Consequential Damages Even if We or Any of Our Employees, Members, Owners, Agents, or Representatives Have Been Advised of the Possibility of Such Damages. Our Total Liability in Any Event is Limited to the Amount, if Any, Actually Paid by You for Use of the Website, and You Hereby Release Us and Our Employees, Members, Owners, Agents and Representatives From Any and All Obligations, Liabilities and Claims in Excess of This Limitation.

7. You understand that we reserve the right to bar your further use of the Web Site at any time, with or without cause, without prior notice.

8. We retain the right to alter and/or terminate this User Agreement at any time without notice. The current User Agreement at any given time supersedes any and all previous User Agreements. At our option, we may notify users of changes to these terms through advisement on the Terms and Conditions hyperlink on the Web Site. Any modification is effective as of the posting of the change. Your continued use of the Web Site more than thirty (30) days following notice of any modification to this User Agreement shall be conclusively deemed an acceptance of such modification(s). Notwithstanding anything to the contrary, no modification to this User Agreement and/or any policies affecting the Web Site shall apply to any dispute of which we had actual notice on the date of the modification. 

9. This User Agreement constitute the entire agreement between you and us with respect to the Web Site, excepting only the Privacy Policy. Failure by us to enforce any provision of this User Agreement shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with the Web Site and we will cooperate with law enforcement officials as appropriate. In the event any portion of this User Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this User Agreement shall remain in full force and effect.

11.  See our Privacy Policy.

User Agreement updated: November, 2013

© 2014   Created by Julie Lindsay.

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