TERMS OF SERVICE and END USER LICENSE AGREEMENT
Last updated: February 20, 2018
Welcome to www.myschoolinmotion.org. This website (“Site”) is owned and operated by My School in Motion, Inc., a 501 (c)3 public benefit corporation (“MSIM”, “Us”, “We” or “Our”).
PLEASE READ THIS AGREEMENT CAREFULLY.
By accessing, browsing, linking, and/or downloading information from the Site, and/or by creating an account, you are deemed to have read, understood, and agreed to be bound by each of the terms, conditions, and notices (“Terms”) in this agreement (the “Agreement”).
We may periodically revise, modify or update these Terms. Any such changes will be posted on this Site. We recommend that you review the Terms periodically as your continued use of the Site will be deemed your agreement to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may choose to discontinue use of the Site; that is your sole recourse. We may also choose to modify, suspend or discontinue this Site at any time, and without notice.
Accounts and Subscriptions
You are required to create an account to use some parts of the Site. If you create an account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself in the registration process. Any changes to your personal information should be emailed to firstname.lastname@example.org. You agree to not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person, company, or school’s name, likeness, voice, image(s), or photograph(s). You also agree to promptly notify MSIM with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.
You are solely responsible for the use, protection and confidentiality of your password and account ID, whether or not such use is or was actually or expressly authorized by you. You shall not allow others to use this Site under your password or account ID. In certain situations, a school or organization may be under contract that allocates one account that is accessible to all faculty and staff. In this case, the contracted school administrator may share the user ID and password with said employees. Said employees agree that they are not to share the school’s MSIM account information with anyone else and that the materials are solely for the benefit of the MSIM program at the contracted school.
Unless terminated for other reasons listed in this Agreement, your account will remain active for as long as the period specified in your individual subscription, or, if applicable, for the period specified between your contracted school or organization and MSIM. If your account was set up as part of a promotional free trial, your subscription will expire at the end of the specified promotional free trial period. If you wish to extend your subscription beyond the promotional free trial period, you must contact MSIM and pay the applicable subscription fee. It is your responsibility to keep track of your subscription expiration date. MSIM may or may not provide notice of the impending subscription expiration date; We are not required to do so.
Content Ownership and Rights
For purposes of these Terms, “Content” and “Materials” means text, graphics, images, audio and video works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site.
MSIM exclusively owns all right, title and interest in and to the Site, Content and Materials, including all associated intellectual property rights. You acknowledge that the Site, Content and Materials are protected by copyright, trademark, and other laws of the United States and foreign countries. Under no circumstances shall any Content or Materials be copied, replicated, distributed or modified without the express written consent of MSIM. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content or Materials.
Grant of License
So long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to view and use the Site. If you have a registered user account, you may download one copy of the MSIM Program Manual that is to be used solely by you and solely for non-commercial purposes. Videos are only to be accessed via the Site and under no circumstances, whether you are a registered account user or not, are they to be downloaded, copied or shared. If your account is part of a school or organization’s contract, you agree that the Content and Materials are to be used solely for the benefit of the contracted school or organization. All rights not granted herein are reserved by MSIM. Your usage of the Site is subject at all times to these Terms and the licenses MSIM grants to you.
The license granted to you is conditioned upon your proper conduct and compliance with these Terms at all times, as judged by MSIM in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site.
License Limitations and Prohibitions
The license granted to you will be revoked, with or without notice, and ineffective if you:
- Copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any content from the Site;
- Make any part of this Site, the Materials or Content available to any other person to whom the appropriate password has not been issued;
- Use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Site;
- Use any device, software or routine to damage, over- burden or impair the Site;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with any other user's ability to use or access the Site;
- Engage in any act that MSIM deems to be in conflict with the spirit or intent of these Terms;
- Engage in any of the prohibited activities outlined below; or
- Fail to comply with any of the provisions of these Terms.
You agree not to use this Site for any of the following:
- In a manner that violates any applicable local, state, federal, foreign or international law or regulation
- To use, display, mirror or frame the Site, or any individual element within the Site, MSIM’s name, any MSIM trademark, logo or other proprietary Content, Materials or information
- Attempt to probe, scan, or test the vulnerability of any MSIM system or network or breach any security or authentication measures
- To interfere with or disrupt this Site or servers or networks connected to the Site
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
- Use any meta tags or other hidden text or metadata utilizing a MSIM trademark, logo URL or product name without MSIM’s express written consent
- Use the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site
- Impersonate or misrepresent your affiliation with any person or entity
MSIM has invested tremendous time and resources to create the Content and Materials that others, like yourself, can license, access and use to recreate the MSIM program (the “IN Motion! program”) at their school site. We rely largely on word of mouth as a means of marketing. It is important that all media, press and/or other publicity inquiries about the IN Motion! program at your school are directed to MSIM at email@example.com. Accordingly, You agree to (i) direct all such inquires to firstname.lastname@example.org, (ii) notify MSIM of any such media, press or publicity inquires and, if applicable, (iii) to give MSIM notice of any planned media, press and/or publicity events, regardless of how big or small. For example, an interview about your school’s IN Motion! program or a scheduled filming of the program.
Links to Third Party Websites or Resources
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Site at our sole discretion, at any time and without notice to you. Users may request deletion of their accounts by emailing email@example.com. When you delete your account all of your information is permanently deleted, and cannot be recovered.
Upon any termination, deletion or cancellation of your Account, all provisions of these Terms, which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability.
Limitations on Availability of Site
The availability of this Site depends on many factors, including your internet connection, MSIM’s internet and hosting service providers, and the nature of the internet. Accordingly, access to this Site, Content and Materials is not guaranteed, represented or warranted whatsoever to be error free, delay free or uninterrupted. MSIM will not be liable for any such errors, delays or interruption.
Notice of Infringement
If you believe that your intellectual property has been used or copied in a way that constitutes copyright or other intellectual- property infringement and such infringement is occurring on this Site, please notify MSIM’s Copyright Agent with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed
- A description of the work that you claim has been infringed and a copy of the copyrighted work
- A description of where the material that you claim is infringing is located on this Site
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law
- A statement by you that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner
MSIM’s agent for notice of claims of copyright infringement may be reached as follows:
By mail to:
Jonathan Kagan, Esq.,
Irell & Manella, LLP
1800 Avenue of the Stars
Los Angeles, CA 90067
By email to:
You expressly agree that your use of the Site is at your sole risk. THE SITE AND ALL CONTENT AND SERVICES THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. MSIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SITE’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. MSIM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE AND SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. MSIM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SITE. MSIM DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL MSIM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE,
OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE MSIM OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, MSIM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall not assign this Agreement or any of your rights and obligations under this Agreement. This Agreement shall inure to the benefit of MSIM’s successors, assigns and licensees.
Governing Law and Jurisdiction
This Site is operated and provided in the state of California. As such, this Agreement is governed by and subject to the laws of the state of California, U.S.A. You consent to the exclusive jurisdiction and venue of the state and federal courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of this Site, Content and/or any Services.
This Agreement and any other specific written terms that MSIM requires you to accept as a condition of access to any feature of the Site or Materials are the entire agreement between the parties and may only be modified as expressly provided in this Agreement and in such other written terms.
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records.
If any term or provision of this agreement is held to be invalid, illegal or unenforceable for any reason, the remaining portions of this Agreement (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of this agreement, to the extent necessary to validate such term or provision.
Reservation of Rights
MSIM reserves to itself any and all rights not expressly granted herein.