1. Acceptance of Terms
Users may submit, upload, or post content to the community. You understand that Fuchs Tutoring does not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of submitting and publishing your content in the community. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to the site all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the community pursuant to these Terms of Service. Fuchs Tutoring prefers users to voluntarily provide to the site content licensed under a Creative Commons Attribution 3.0 license, or content that is in the public domain.
For clarity, you retain all of your ownership rights in your content. However, by submitting content to the community, you hereby grant Fuchs Tutoring a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the content in connection with the community. You also hereby grant each user of the community a non-exclusive license to access your content through the community, and to use, reproduce, distribute, and display such content as permitted through the functionality of the community and under these Terms of Service. You acknowledge and agree that you are not entitled to receive any compensation for any user content submitted in connection herewith.
You further agree that content you submit to the community will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fuchs Tutoring all of the license rights granted herein. Fuchs Tutoring does not endorse any content submitted to the community by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Fuchs Tutoring expressly disclaims any and all liability in connection with content. Fuchs Tutoring does not permit copyright infringing activities and infringement of intellectual property rights on the community, and Fuchs Tutoring will remove all content if properly notified that such content infringes on another's intellectual property rights. Fuchs Tutoring reserves the right to remove content without prior notice.
3. Use and Restrictions
b. submit, display or transmit any user content, or any content via the systems or services on which the community is hosted, in violation of any proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
c. submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar content that exceed the site's capacity limits or that you do not own or have the necessary and appropriate rights to submit, display or transmit;
d. submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;
e. forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the site;
f. use the community and / or the services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
g. publish, post, display or disseminate any profane, obscene, indecent, unlawful, terroristic, violent or hateful content;
h. offer, sell, broker, purchase or seek any unethical, profane, obscene, indecent, unlawful, terroristic, violent or hateful services;
i. collect, store, publish, post, sell, transmit or disclose personal data about other Members (see 4 below) or users of the community unless authorized to do so;
j. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs; or
k. restrict or prevent any other member or other user of the community from using the community and/or the services.
4. Use: Members
You may access and browse certain areas of the site's content without registering. You must be a member of the site in order to access certain content or participate in certain discussion boards, forums, or other community features.
Notwithstanding the foregoing, you acknowledge and agree that Fuchs Tutoring, in its sole discretion and without notice or any further obligation to you, may: (a) temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the site, or (b) take any other necessary or appropriate actions in case of technical problems, objectionable material, false, misleading, unlawful or inaccurate postings, articles or other contributions.
Fuchs Tutoring has no obligation to monitor the community. However, Fuchs Tutoring reserves the right to review any user content, and remove, delete, redact or otherwise modify such user content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Fuchs Tutoring has no obligation to display or post any user content. Fuchs Tutoring reserves the right to disclose, at any time and from time to time, any information or user content that Fuchs Tutoring deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
Fuchs Tutoring website is provided to give OSEP staff, grantees, and stakeholders a place to exchange thoughts, ideas, and resources. The site managers at Fuchs Tutoring have the right to remove any message they consider to be inconsistent with that goal, to be inappropriate in content or language, and/or to be primarily of a commercial or advertising nature.
You acknowledge and agree that any user name, login code, identifier or password (each, a "Password") is confidential information. You acknowledge and agree that you are responsible for any use of your username, user ID, login and / or Password. You agree to notify Fuchs Tutoring immediately of any unauthorized use of any Password or any other breach of security of which you are aware.
Fuchs Tutoring cannot be responsible, and disclaims all liability in connection with, the use of any information that you submit, post or display in the community. You should use caution when posting any information, including personally identifiable information to the community.
8. Links to Third Party Websites
The Fuchs Tutoring website may contain links to websites and other resources operated by third parties other than Fuchs Tutoring. Such links are provided solely as a convenience to you. Fuchs Tutoring does not control such websites, and is not responsible for the contents, or products, services or other content offered through such websites. Fuchs Tutoring's inclusion of links to such websites does not imply any endorsement of any website, or the content, products or services offered through any website, or of any company or person. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
In the event that you have a dispute with one or more members or users of the site, you hereby irrevocably release Fuchs Tutoring and its directors, officers, agents, affiliates, subsidiaries, employees, successors and assigns from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute.
10. Warranties and Disclaimer
11. Limitation of Liability
AIR and Fuchs Tutoring, and its directors, employees, agents, suppliers, licensors and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, whether or not AIR has been previously advised of the possibility of such damages, whether in an action under contract, tort, or any other theory, arising out of or in connection with any errors or omissions, viruses or other malicious or unauthorized code or programs, the use, inability to use, or performance of the community or the content, products or services available from the community or any loss, business interruption or other damages in connection therewith.
13. Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of the site, the services or any of the content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, AIR and Fuchs Tutoring will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the community, the products, the services, the marks and / or the content.
14. Governing Law