Terms of Use Fair Use Guidelines We are glad you have decided to use the services we offer on our Site and we hope you find them useful. For both your protection and ours, we have established the following Terms of Use document that we expect all teachers, students, parents, administrators, and other visitors, registered or otherwise, to follow while in (or at) our site. Your continued use of our Site means that you acknowledge these Terms and agree to abide by them at all times. Because we reserve the right to modify these Terms of Use at any time, please check them regularly. We will also notify you as described below if any material terms should change. Please note that you will be referred to as "User" from time to time in this Agreement. GENERAL RULES You agree and continue to agree to use our Web Site (further referred to as the Site) in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions set out in the policies and guidelines outlined below. RULES OF CONDUCT FOR USE OF OUR MESSAGE BOARDS AND OTHER INTERACTIVE AREAS We strive to provide the best user experience possible by ensuring that our community fosters learning in a safe and respectful manner. The Classroom Connect Community provides an atmosphere of trust in which users are encouraged to teach and learn from each other while having fun. We encourage you to model positive community behavior and to let us know when you feel that another user is not doing so. In order to maintain our community standards, certain behaviors will not be tolerated. By continuing to use our Site, you are agreeing that you will not post any of the following material on any of our Message Boards, Galleries, or other interactive posting areas found at (or in) the Site: Advertising or any form of commercial solicitation Material that personally identifies a child or a student Material that is untrue, defames, abuses, harasses, or threatens others Statements that are bigoted, hateful, mean spirited, or ethnically or racially offensive Material that advocates illegal activity or discusses illegal activities with the intent to commit them Unauthorized copyrighted material (including, but not limited to, text, sound, or graphic files) Material that contains vulgar, obscene, pornographic, or indecent language or images Statements or postings that violate the above terms or that we believe in our sole and absolute discretion should not be posted will either not be posted, will be edited prior to posting, or will be removed from the Message Boards or other Postings upon discovery. Furthermore, such User will be responsible for all of our damages arising from such posting. Depending on the nature and extent of the violation, we may, at our sole discretion, terminate such Users account. E-COMMERCE TRANSACTIONS We make certain products available to you through our online Store. To protect your online order information, Classroom Connect uses Secure Sockets Layer (SSL) technology provided by VeriSign. This technology is the industry standard for providing secure online transactions. Please see our Security page and our Privacy Policy for more information. LICENSE TO USE OUR SITE Classroom Connect, Inc. grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the services made available on the Site on any machine(s) of which you and/or members of your class(es) are the primary User(s). Except for items on the Site that registered users are expressly authorized to copy or use in accordance with the Fair Use Guidelines, or use of the Site specifically in classroom projects where Classroom Connect is given attribution, or use of our logo(s) including those on our Link to Us page to link back to our Site, unauthorized copying or duplication of the services in any manner, including software that has been modified, merged, or included with the services, or the written materials associated therewith is expressly forbidden. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the services received thereunder. Any attempt to sublicense, transfer, sell, or assign this license is void. Unauthorized access to subscription areas of the Site by non-subscribed Users is prohibited. POSTING OF COPYRIGHTED AND/OR INDECENT MATERIALS Any posting of the following is strictly forbidden: 1. Unauthorized copies of or links to any unauthorized use of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services; any material or links to material of a sexually explicit nature, including photographs and text. 2. Copyrighted material, including without limitation, text, photographs, sound, video, and music, may not be placed on the Site without the express permission of the author or owner of the copyright on the material. You acknowledge that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by you but only in accordance with the Fair Use Guidelines. You acknowledge that Classroom Connect, Inc. and/or third-party content providers remain the owners of the posted materials, and that you do not acquire any of those ownership rights by downloading or posting copyrighted materials. If you have questions about permissions issues, please email us. EPOSTCARDS Epostcards are a part of our services designed for private communication between our Users and the public. We will not monitor this communication, but reserve the right to take action against any User who is defaming, harassing, or otherwise offending another person through email, if it comes to our attention that this type of abuse is occurring, as is more fully set forth above in the Rules of Conduct. STUDENT POSTINGS We offer students the ability to post their projects in our Galleries, Message Boards, and other interactive areas, subject to our Gallery Guidelines, Message Board Guidelines, and these Terms of Use. In addition, students may keep recording sheets, notes, and projects in the Student Notebook area, subject to these Terms of Use. Only Classroom Connect, the posting student and his/her teacher may access the information posted by the student in the Student Notebook. By posting messages, uploading files, inputting data, or engaging in any other form of communication through a Classroom Connect Web site, the student is granting Classroom Connect a royalty-free, non-exclusive, worldwide license to use, copy, adapt to fit on our site, transmit, publicly perform or display any such communicated material on our Gallery or Message Board pages. In addition, the student grants Classroom Connect a royalty-free, non-exclusive right at CCs sole and exclusive option to highlight and display the communicated material on other portions of our site. Classroom Connect has provided templates for Acceptable Use Policies and for a Parent Permission Letter. We advise people under the age of 18 to get parental permission before filling out any online forms or sending materials to any Web sites. In addition, we may require students to ask their parents to fill out our Parent Permission Letter if students desire us to post student work that contains personal information or we desire to use the student work in a materially different way than the student reasonably anticipated. In addition to using these resources, we encourage teachers, librarians, administrators, parents, and guardians to talk with children about safe and responsible use of their personal information while using the Internet. We also encourage adults to monitor childrens online experiences in order to help us protect students' privacy. If you are a teacher submitting student materials to Classroom Connect or assigning Passwords and Member IDs to students, you acknowledge that you have received a signed parent permission letter from such students, and you accept responsibility for informing students' parents or guardians about the students use of and access to the Classroom Connect site, the materials that students are submitting and the ways in which the materials may be used by Classroom Connect. In addition, by sending materials to Classroom Connect you warrant and represent that such materials transmitted do not infringe upon any copyright, patent, trademark, or any other proprietary right, including moral rights of any author. LIMITATION OF LIABILITY AND WARRANTY YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS OR BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CLASSROOM CONNECT, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CLASSROOM CONNECTS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE OR PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OF ANY PRODUCT FOUND TO BE DEFECTIVE OR RETURN OF YOUR MONIES PAID. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION WITH US. NEITHER CLASSROOM CONNECT, INC. NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES ON THE SITE. SERVICE MARKS AND TRADEMARKS Classroom.com, Classroom Connect, Classroom Today, Connected Teacher, Connected University, Connected Classroom Conferences, The Quest Channel, Author Chats and Eds Oasis, are all service marks and/or trademarks of Classroom Connect, Inc. Other trademarks appearing on the Site are trademarks of their respective owners. Except as permitted through our Link to Us page and our Library Hot Five Award, you shall not display, disparage, dilute, or taint our trademarks and service marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our service marks or trademarks by you or your classroom shall inure to the benefit of Classroom Connect. NOTICE We may give notice to you by means of a general notice on the site, via electronic mail to your email address on record or by written communication sent by first class mail to the address you provide in your billing information. You may give notice to ussuch notice shall be deemed given when received by us at any time by any of the following: 1. Electronic mail to permissions@classroom.com. 2. Letter delivered by first class postage prepaid mail to Classroom Connect, Inc. at the following address: Classroom Connect, Inc.Client Interaction8000 Marina Blvd.4th FloorBrisbane, CA 94005USA INDEMNIFICATION Upon our request, you agree to defend, indemnify and hold us harmless from any dispute that may arise from your breach of the terms of this Agreement. You agree to hold Classroom Connect and its affiliates, employees, contractors, officers, directors, and/or content providers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including the Rules of Conduct or any information, software, files, messages, epostcards, or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter. TERMINATION OF SERVICE User may terminate this Agreement and User's right to use our Site and services at any time by notification to us as set forth above. We may terminate your account or access rights to the Site at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Site. Fair Use Guidelines INTRODUCTION We spend much time and effort in supplying our Web site with creative, original content. We hope you find it useful and educational. In order to avoid any confusion regarding how the content found in our site may be used, we have established the following Fair Use Guidelines (further referred to as Guidelines). By using our site, you agree to abide by the following Guidelines, which establish your entire right with respect to the content found on our site. In addition to the content on our site, we have organized and pre-researched some Internet resources around key curriculum topics. Whenever you link to one of these services from our site, a new browser window opens. The content you find on many of these sites may also be proprietary and subject to use restrictions. Be sure to contact the administrator of each site with regards to the use of any information you find there. If you are an educator, you further agree to discuss with your students the reasons for copyright protection and the importance of following these Guidelines. From time to time, we may modify the Guidelines, and recommend that you check them regularly. In accordance with the Terms of Use, we will notify you if any material terms should change. WHAT CONTENT MAY BE USED While utilizing the content on our site in any project in accordance with these Guidelines, only limited portions of content found on our site may be reproduced or otherwise used for the purposes expressly set forth in these Guidelines: Motion Media: 10 percent or three minutes, whichever is less, from a single work may be used. Text: 10 percent or 100 words, whichever is less, from a single work may be used. Poems of less than 250 words may be used in their entirety, but no more than three poems by a single poet or no more than 5 poems in total. In poems longer than 250 words, only 250 words may be used, but no more than three excerpts by a single poet or more than five excerpts in total may be used. Music, Lyrics, and Music Video: 10 percent or 30 seconds, whichever is less, from an individual musical work may be used. Alterations may not change the basic melody or the fundamental character of the work. Illustrations and Photography: An entire image may be used, but no more than five images by one artist may be, and no more than 10 percent or 15 of the images in total, whichever is less. HOW CONTENT MAY BE USED By Students: Students may include the permitted portion of any item in their own multimedia projects for a specific course. Students may perform and display the permitted portions in conjunction with their multimedia projects for educational uses in the course for which they were created, and may include them in their Portfolios for later use as examples of their academic work. Text found on our site may be posted by students within the designated student notebook area of our site without regard to this portion limitation. By Educators: Educators (comprised of faculty, teachers, instructors, and others who engage in scholarly research and instructional activities for nonprofit educational institutions) may include the permitted portion of any item in their own educational multimedia projects. Such projects must be used as teaching tools in support of curriculum-based instructional activities at nonprofit educational institutions for face-to-face instruction and for assignment to their students for directed self-study. No more than two copies may be made of any project, including a reserve copy. Educators shall advise their students that they may not make their own personal copies of any project. Each multimedia project may be used by educators for teaching courses only for a period of up to two years from the first instructional use of such project. Educators may also perform or display their educational multimedia projects in presentations to other educators, in forums, such as workshops or conferences, and may retain such projects in their portfolios for later use as examples of their professional work. OTHER LIMITATIONS These Guidelines apply only to students and educators, and do not confer any right to any other person. Any use of password-protected areas is restricted to subscribers only. Any use by any other person requires the express permission of Classroom Connect. In order to comply with these Guidelines, educators and students must credit the source of each item from our site that is incorporated in their work with enough detail to adequately identify the source of the work. In addition, a copyright notice and copyright ownership information must prominently and conspicuously accompany each item. The opening screen of each multimedia project prepared in accordance with these Guidelines must state that certain materials have been included with the permission of Classroom Connect, Inc. for educational purposes, and no further use is allowed. Multimedia projects prepared in accordance with these Guidelines may not be distributed or disseminated in any electronic format (for example, sent in emails or posted on the Internet). Alterations to the permitted portions of materials may only be made to support specific instructional objectives and if notice of the alteration is included in the project. REQUESTS FOR PERMISSION These Guidelines set forth your entire right to copy and use materials found on our site. Use within the scope of these Guidelines does not require any further permission from Classroom Connect. Any other use, such as, without limitation, the use of a project for commercial purposes, or duplication or distribution beyond the limitations expressed in these Guidelines, requires the prior written consent of Classroom Connect, which may be granted or denied with our sole discretion. Our consent may be requested by contacting permissions@classroom.com.

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