AGREEMENT BETWEEN USER ANDFLASH WEBSITE
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FLASH Web Site constitutes your agreement to all such terms, conditions, and notices.
ACCESS TO FLASH
Access to FLASH and FLASHDigital Edition is restricted to individuals or institutions (schools, school districts or other institutions) that have purchased FLASH materials and received assigned passcodes. You are responsible for maintaining the confidentiality of your passcode, and you are solely responsible for all activities that occur using that passcode. You agree not to sell, transfer, or assign your passcode or any associated rights. You agree to immediately notify us of any unauthorized use of your passcode or any other breach of security related to the FLASH Web Site or any related content or services. We reserve the right to issue you a new passcode if we believe that your prior passcode is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY UNAUTHORIZED SHARING OR USE OF YOUR PASSCODE OR YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSCODE. We reserve the right to prosecute any unauthorized sharing or use of your passcode.
MODIFICATIONS TO THE FLASH WEB SITE
We reserve the right to modify or discontinue all or any part of the FLASH Web Site or any related content or services with or without notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE ALL OR ANY PART OF THE ETR Flash WEB SITE OR ANY RELATED CONTENT OR SERVICES.
LINKS TO THIRD PARTY SITES
The FLASH Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ETR/FLASH and ETR/FLASH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ETR/FLASH is not responsible for webcasting or any other form of transmission received from any Linked Site. ETR/FLASH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ETR/FLASH of the site or any association with its operators.
PERMITTED USE OF THIS SITE
Except as indicated elsewhere on this site, visitors may view, copy and print the content on this site subject to the following conditions: 1) The content is used solely for information purposes; 2) The content is not provided, sold or licensed to any other entity for fee or other consideration; 3) All copyright notices appearing on the content appear on all copies; 4) Content is not modified in any way; 5) Graphics and photographs are not used separately from the accompanying text.
In using this site, you agree that you will not use any material, content or images from site in a manner that infringes any copyright, trademark or proprietary rights of ETR Associates.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FLASH Web Site, you warrant to FLASH that you will not use the FLASH Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FLASH Web Site in any manner which could damage, disable, overburden, or impair the FLASH Web Site or interfere with any other party's use and enjoyment of the FLASH Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FLASH Web Sites.
USE OF COMMUNICATION SERVICES
The FLASH Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
FLASH has no obligation to monitor the Communication Services. However, FLASH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FLASH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FLASH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FLASH's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FLASH does not control or endorse the content, messages or information found in any Communication Service and, therefore, FLASH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FLASH spokespersons, and their views do not necessarily reflect those of FLASH.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ETR Flash OR POSTED AT ANY FLASH WEB SITE
FLASH does not claim ownership of the materials you provide to FLASH (including feedback and suggestions) or post, upload, input or submit to any FLASH Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FLASH, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.FLASH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FLASH sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FLASH WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ETR Flash AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THEFLASH WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FLASH WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FLASH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FLASH WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.FLASH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : firstname.lastname@example.org
ETR/FLASH reserves the right, in its sole discretion, to terminate your access to the FLASH Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the FLASH Web Site. Use of the FLASH Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FLASH as a result of this agreement or use of the FLASH Web Site. FLASH's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FLASH's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FLASH Web Site or information provided to or gathered by FLASH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FLASH with respect to the FLASH Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FLASH with respect to the FLASH Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the FLASH Web Site are: Copyright © ETR Associates and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
All trademarks are owned by ETR Associates. All rights reserved.