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Terms & Conditions for using getTeachingIdeas.com

This Agreement governs the terms between you and 4 In 10 Enterprises, LLC ("4 In 10 Enterprises") and your interaction with the getteachingideas.com community through usage of the web site located at www.getteachingideas.com (the "Site") or via any other activity between you and 4 In 10 Enterprises or other users involved with the Site as it relates to the creation, submission or use in any other manner of ideas submitted to or used from the Site or from the creative productions of 4 In 10 Enterprises.

This Agreement contains many important provisions that might affect your rights and obligations. Your use of the Site means you agree to the following terms and conditions. If you do not agree with these terms and conditions, you should:
  1. Leave this website immediately; and
  2. Not use the files herein.
SECTION ONE. DEFINITIONS
In this Agreement:
  1. "You" means you, the user;
  2. "4 In 10 Enterprises" or "we" means, 4 In 10 Enterprises, LLC, an Arizona Limited Liability Company;
  3. "Site" means the website located at www.getteachingideas.com;
  4. "Content" means any idea submitted to or used from the Site or other material on the Site.
  5. "Permitted Use" means use of the Content for those specified purposes contained in this Agreement. You may use the Content for personal use or for educational purposes unless you have been prohibited from such use by 4 In 10 Enterprises. However, you agree that your use of the Content will not in any way be contrary to applicable local, national, and international laws and regulations.
SECTION TWO. TERM OF AGREEMENT
This Agreement shall remain in effect until it is terminated in writing by 4 In 10 Enterprises. You can terminate this Agreement by destroying any Content in your possession along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from 4 In 10 Enterprises if at any time you fail to comply with any of its terms. Upon termination, you must immediately cease using the Content. 4 In 10 Enterprises reserves the right to elect at a later date to revoke or amend this Agreement and replace the Content for any reason.

SECTION THREE. REPRESENTATIONS AND WARRANTIES
The function of the Site is to incentivize the sharing of teaching ideas via an online community of users. The notice is provided to you on the Site and should not be modified or altered in any manner without the express, written consent of 4 In 10 Enterprises. You shall be solely responsible for your own use of the Site and the consequences of getteachingideas.com posting or publishing any ideas you might submit. In connection with the submission of your ideas, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Site to use your ideas in the manner contemplated by the Ste and these Terms and Conditions.

For clarity, you retain all of your ownership rights in your ideas. If, upon the sole discretion of getteachingideas.com, your ideas are selected for use on the Site, you agree to grant to getteachingideas.com, for an agreed upon monetary amount, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute and display the ideas in connection with the Site. The above license granted by you is perpetual and irrevocable.

In connection with your ideas, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant getteachingideas.com all of the license rights granted herein.

You further agree that you will not submit material that is contrary to applicable local, national, and international laws and regulations.

You shall be solely responsible for your own use of Content provided on the Site. 4 In 10 Enterprises does not endorse any Content or any opinion, recommendation, or advice expressed therein, and 4 In 10 Enterprises expressly disclaims any and all liability in connection with Content provided on the Site. 4 In 10 Enterprises does not permit copyright infringing activities and infringement of intellectual property rights on its website, and 4 In 10 Enterprises will remove all Content if properly notified that such Content infringes on another's intellectual property rights. 4 In 10 Enterprises reserves the right to remove Content without prior notice

THE CONTENT ON 4 IN 10 ENTERPRISES's WEBSITE IS PROVIDED "AS IS" WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 4 IN 10 ENTERPRISES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT 4 IN 10 ENTERPRISES) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

The 4 In 10 Enterprises website may contain links to third party websites that are not owned or controlled by 4 In 10 Enterprises. 4 In 10 Enterprises has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 4 In 10 Enterprises will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve 4 In 10 Enterprises from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the 4 In 10 Enterprises Site and to read the terms and conditions and privacy policy of each other website that you visit.

SECTION FOUR. DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content provided on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • 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 at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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.
SECTION FIVE. LIMITATION OF WARRANTIES AND LIABILITY
YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL 4 IN 10 ENTERPRISES OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

YOU SPECIFICALLY ACKNOWLEDGE THAT 4 IN 10 ENTERPRISES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF 4 IN 10 ENTERPRISES UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO 4 IN 10 ENTERPRISES UNDER THIS AGREEMENT IN RESPECT OF THE USE OR PURCHASE OF DERIVATIVE WORKS OF THE RELEVANT CONTENT.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION SIX. INDEMNIFICATION
You agree to indemnify, defend and hold 4 In 10 Enterprises, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively "4 In 10 Enterprises Party") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any 4 In 10 Enterprises Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.

SECTION SEVEN. GENERAL PROVISIONS
You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

4 In 10 Enterprises' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

This Agreement is personal to you and is not assignable by you without 4 In 10 Enterprises' prior written consent. 4 In 10 Enterprises may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect

This Agreement will be governed under the laws of the State of Arizona and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

SECTION EIGHT. CONTACT
If you have any questions regarding this Agreement, please contact 4 In 10 Enterprises at our contact page.

ACKNOWLEDGEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF 4 IN 10 ENTERPRISES AGREEING TO HOST THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND 4 IN 10 ENTERPRISES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND 4 IN 10 ENTERPRISES RELATING TO THE SUBJECT OF THIS AGREEMENT.

If you have any questions, comments, suggestions, or recommendations, please feel free to contact us.