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3. USER CONTENT
a. All Content is the sole responsibility of the user who provided it and is stored upon CSTA’s servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act section below for more details. Subject to any specific rules or terms published in connection with a particular contest, promotion, or sweepstakes (“Promotional Rules”), generally, you shall retain ownership of your Content, and you hereby grant CSTA and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content. In addition to any representations or warranties contained in any Promotional Rules, you represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, and (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
b. The Content you submit, post, or display to public portions of the Sites will be able to be viewed by other users of the Sites. You should only provide Content that you are comfortable sharing with others. What you say via the Sites may be viewed all around the world instantly. By submitting Content to any public area of this Site, you represent and warrant that the owner of such material has expressly granted CSTA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store, or reproduce the material for that end user's personal use. You also grant CSTA the right to edit, copy, publish and distribute any material that you make available on this Site. We reserve the right, but not the obligation, to monitor your Content at any time for any reason, and to remove any Content that we, in our sole discretion, find to be a in violation of these Terms or otherwise objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via any Site or endorse any opinion expressed via the Sites.
c. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from your Content. You agree to indemnify, defend, release and hold CSTA and CSTA’s agents, affiliates, and representatives, directors, officers, and employees harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (i) any Content submitted by you; (ii) activity that occurs through or by use of your Member Account; (iii) your use of or reliance on any Content; (iv) your interaction with any other user of the Sites; or (v) your violation of these Terms. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CSTA.
4. Restrictions on Use. No other use of the Sites or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or posting of Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in these Terms or in the Materials, is strictly prohibited. You shall not, without CSTA’s express written consent: (i) distribute text or graphics to others, (ii) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (iii) use any tradename, trademark, or brand name of CSTA in metatags, keywords and/or hidden text, (iv) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof, (v) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, (vi) use the Site, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to CSTA, the Owner, or any third party referenced therein, (vii) use the Materials, and/or any services and products on the Site or accessible via the Site for unlawful purposes only; or (viii) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.
5. Acceptable Use. Your use of the Sites is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
a. You shall not upload to, transmit through, or display via the Site any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) violates the rights of others, including without limitation any privacy rights or rights of publicity; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) violates any applicable laws or regulations; (vi) makes any statement, express or implied, that you are endorsed by CSTA; (vi) harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (vii) contains any unsolicited promotions, political campaigning, advertising or solicitations; (viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the CSTA, any of its officers, directors, or employees, or other users to any harm or liability of any type.
b. You shall not use the Site to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iii) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (iv) harvest or collect information about or from users of the Site.
6. COPYRIGHT CLAIMS. CSTA is committed to respecting and protecting the legal rights of copyright owners. As such, CSTA adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to CSTA’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed:
CSTA’s Copyright Agent to receive DMCA Takedown Notices is:Computer Science Teachers Association (CSTA)
230 Washington Avenue Extension
Albany, NY 12203
7. Promotions. In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Sites, or separately by CSTA, shall also be subject to any applicable Promotion Rules By participating in any such Promotion, you will become subject to those Promotion Rules. To the extent that any Promotional Rules conflict with these Terms, the terms and conditions of the applicable Promotional Rules shall control.
8. DISCLAIMERS. THE SITES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE. Should applicable law not permit the foregoing exclusion of express or implied warranties, then CSTA hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from CSTA, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. ADDITIONALLY, NEITHER CSTA NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES, OR THE SERVER THAT MAKES THE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE(S), OR MATERIALS, WILL MEET YOUR EXPECTATIONS.
10. CHILDREN UNDER 13. These Sites are not intended for use by persons under the age of 13. If you are under 13, do not use our Sites. In the event that a specific Promotion is aimed at children under 13 years of age, CSTA shall provide additional terms and conditions related to such Promotion and any personal information collected in connection with such Promotion in the applicable Promotion Rules, including information for parents on how to control, approve, inspect, monitor, delete or change any information provided by any participant in such Promotion who is under 13 years of age. Except in the foregoing limited circumstances, we do not knowingly collect personal information from children under 13. If You become aware that you child has accessed one of our Sites and provided their personally identifiable information, without your consent, please contact us at Computer Science Teachers Association (CSTA), 230 Washington Avenue Extension, Albany, NY 12203. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account within a reasonable time.
11. UNLAWFUL ACTIVITY. CSTA reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary to appropriate persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
12. Governing Law. These Terms and Conditions will be governed by and construed in accordance with the laws of Oregon, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these Terms and Conditions will be filed only in Oregon courts. You consent to the jurisdiction of Colorado courts.
13. SEVERABILITY OF PROVISIONS. If any provision(s) of the Terms and Conditions is/are found unlawful, void, or for any reason unenforceable, then that provision(s) will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining Terms and Conditions provisions.
14. MODIFICATIONS TO TERMS AND CONDITIONS. This is the entire agreement between you and CSTA relating to the subject matter it contains. This agreement may only be modified by our posting of changes to these Terms and Conditions, or by a writing signed by both parties. Updated versions of the Terms and Conditions will appear on the Sites and are effective immediately.
17. No Archive. Notwithstanding anything contained herein, the functionality provided to you by the Sites and by CSTA’s systems, networks and servers are not an archive and CSTA shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Site. You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content
18. CONTACT US. Any questions or concerns regarding these Terms and Conditions should be directed to firstname.lastname@example.org.
20. MISCELLANEOUS. CSTA’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms 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 these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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