I. Agreement Overview
A. Effective Date
B. Agreement to the Terms
C. Changes to the Terms
D. Additional Terms May Apply
II. License to Use Website and Services
This Website and its Content (including without limitation the text, images, illustrations, photographs, audio files, video files, graphics, learning activities, and other materials) are owned by the TEL Learning; or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
A. Creative Commons License
Unless otherwise stated, Content on this Website is licensed under a CC-BY-NC-SA 4.0 Creative Commons license. Under this license, you may view, download, share, print and adapt this Content for your personal and non-commercial use so long as the following conditions are met:
- Give appropriate credit to TEL Learning as the original content creator, provide a link to the original content and license, and indicate if any changes were made.
- The purpose of the use is for your personal use. TEL Learning Content may not be shared or adapted for commercial purposes.
- Distribution under the same license as the original if you adapt, remix, or transform the original content. You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
When sharing or distributing original or adapted content, it is your responsibility to uphold the conditions of this license. TEL Learning reserves the right to prosecute violators of this license under the extent permissible by law. Review the full CC-BY-NC-SA 4.0 license here for additional terms and conditions.
B. Trademark Licensing
The TEL Learning name and logos, all product and service names, and all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks (whether registered or not) service marks, and/or trade dress of the TEL Learning (collectively, “TEL Learning Marks”). You are not authorized to display or use the TEL Learning Marks without prior written permission. All other trademarks, product names, company names, logos, service marks and/or trade dress cited, displayed or otherwise mentioned on this Website are the property of their respective owners; and may not be used without prior written approval of their respective owners.
C. Third Parties Sites and Services
III. Submission of User Content
A. Responsibility for Submissions
When submitting User Content you agree that you will not upload, post, transmit or otherwise make available User Content that:
- is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
- constitutes or promotes any illegal activity, including, without limitation, any User Content constitution or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law
- is false, misleading, or fraudulent
- violates or infringes upon the rights of others, including User Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or anth other rights of any individual, living or deceased or any legal entity
- contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her/their permission or (ii) that person is under eighteen years old but you are his/her/their parent or legal guardian
- encompasses software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- contains advertising, promotions or marketing, or which otherwise has a commercial purpose
- requests or solicits personal or private information from any individual, or that requests or solicits money, goods or services for private gain
Remember that you are legally responsible for your User Content, which extends to a legal responsibility for any User Content submitted by a person using your username and password to log onto this Website; even if they do so without your permission.
B. Ownership of User Content
You continue to own User Content after submission, unless you have assigned the rights in a separate written agreement. The TEL Learning does not claim any copyrights in User Content, unless the rights have been conferred to us in a separate written assignment agreement.
By making User Content available on this Website through uploading, posting, transmitting or any other means, you are granting the TEL Learning a worldwide, irrevocable, non-exclusive, royalty-free license to use, copy, modify, reproduce, and distribute your User Content in any existing or future media. In addition, you grant the TEL Learning the right to sublicense these rights (through unlimited levels of sublicenses) and the right to bring action for infringement of these rights.
This license will continue even if you delete or unpublish the User Content using tools available on this Website. Furthermore, it is important to understand that deleting or unpublishing User Content does not meant that all copies of such User Content are removed from computers used to host the Website or from other computers to which User Content may have been copied. However, through the TEL Learning assumes no obligation to do so, if a user requests the removal of self-owned User Content via the process outlined below, we may review your request and delete your User Content from our computer backups and our hosting computers to the best of our ability.
C. Rights to User Content
This Website was created for educational purposes and the TEL Learning reserves certain rights to help us ensure the educational nature of our mission is protected throughout our Website and Services.The list below outlines the rights we reserve in order to promote Website and Service integrity:
- We reserve the right (but do not have the obligation) to monitor all User Content.
- We reserve the right (but do not assume the obligation) to remove any User Content at any time without notice at our sole and absolute discretion.
- We reserve the right (but do not assume the obligation) to terminate your access to and use of this Website, or to censor, edit or block your transmissions thereto in our sole discretion.
You agree that are exercise of the discretions listed above will not render us the owner of the User Content. The user who made such content available on this Website will retain ownership thereof as previously described.
IV. Acceptable Use of Website and Services
B. User Conduct
In addition to the conditions set forth surrounding User Content submission, you agree to the following stipulations regarding your use of the Website and its Services:
- not to post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- not to impersonate any person or entity or false state or otherwise misrepresent your affiliation with a person or entity;
- not to violate any local, state, national or international law, rule or regulation;
- not to copy, store, host, distribute any material which consists of (or is linked to) any malware, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- not to conduct systematic or automated data collection activities (including but not limited to scraping, data mining, data extract and data harvesting) on or in relation to this website without the TEL Learning’s express written consent.
We reserve all rights and remedies available to us for users who violate these rules of conduct while on this Website or while using the Website’s related services.
C. Registered Users
- You are 18 years of age or older in the U.S. (International users must be the age of majority in their jurisdiction)
- You are 13 years of age or older and have the express permission of your legal guardian to become a Registered User and make use of the Website Content or Services only available to Registered users.
By registering for an account, you certify that you meet one of the conditions set above, are authorized to do so, and that you will provide true, accurate, current and complete information about yourself when conducting matters on this Website or its related Services. You may not set up an account on behalf of another individual unless you are authorized to do so, and the requisite conditions are met. Additionally, you agree to maintain the information you provide to the TEL Learning in order to keep it accurate and complete so that we have up-to-date contact information for you.
The TEL Learning reserves the right to modify or discontinue the accounts of users and related Services at any time and for any reason as we see appropriate at our discretion. In such case, the we disclaim any and all liability to users and third parties in the event that we exercise the right to modify or discontinue user accounts or related services. Your access to your account and use of the related Websites and Services may be terminated by you or by the TEL Learning at any time.
D. Security Obligations
The username and password (the “Account Credentials) to your Registered User account are personal to you and may not be used by anyone else. You are solely responsible for maintaining the confidentiality of your Account Credentials and are fully responsible for all activities that occur under the associated Registered User account; by you or by anyone else regardless of whether they were authorized to do so by you.
You agree that it is your responsibility to change your password immediately if you believe your Account Credentials have been compromised in any way or used without your authorization. You also agree to notify us immediately of any apparent security breach to your Registered User account such as loss, theft of unauthorized disclosure of Account Credentials. You will remain liable for any unauthorized use of your Registered User account until we are so notified.
V. Request for Content Removal
While TEL Learning does not assume any obligation to do so, we will accept and review requests for content removal in which (i) you believe the content on this Website violates your rights; or (ii) you would like us to remove copies of User Content from the supporting technical framework (hardware and software) powering this Website.
A. Support of Intellectual Property
The TEL Learning respects the intellectual property rights of others, and we prohibit the users of our Website and Services from submitting, uploading, posting, or otherwise transmitting any materials that violate another person’s intellectual property rights. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances form which infringing activity is apparent. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine, in our sole discretion, to be intentional ingringers of others’ copyrights.
B. Submitting a Copyright Notice
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for which you are authorized to act, is feature on this Website or has been otherwise copied and made available on this Website in a manner that constitutes copyright infringement, please notify us at firstname.lastname@example.org immediately.
Your notice must be in writing and must include:
- An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics)
- Your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and
- A written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing materials or acts are evident.
VI. No Warranties
The TEL Learning makes no representation or warranties with respect to this Website and its Content; including without limitation the mediabooks, lessons, courses or other Services available on or promoted through this Website.
Specifically, for the purposes of elaborating on the foregoing paragraph, the TEL Learning does not warrant that:
- This Website will be constantly available, or available at all
- The information on this Website is error-free, or that errors will be corrected
- The Website servers are free of viruses or other harmful components
- There will be no deletion, misdelivery or failure to store communications, personalized settings or other data.
In addition, we not not endorse any opinion, advice, comment, or statement made on this Website by users of this site. User Content does not in any way reflect the opinion, advice, or statement of the Library. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
VII. Limitations of Liability
In no event will the TEL Learning be liable to you in relation to the Contents and Services of this Website on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that may arise in connection with the TEL Learning controlled Websites or Services (or the termination thereof for any reason); except to the extent required by the applicable law, and then only to that extent. These limitations of liability apply even if the TEL Learning has been expressly advised of the potential loss.
IX. Termination of this Agreement
Your right to access and use the Websites and Services terminates automatically upon your breach of any of these terms. Without prejudice to the TEL Learning’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the TEL Learning may take such action of the TEL Learning deems appropriate to deal with the breach. This may include, but is not limited to, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
The disclaimer of warranties, limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination.
X. Governing Law, Jurisdiction and Venue
The TEL Learning headquarters are located in Oklahoma City, Oklahoma, United States of America. These terms and conditions will be governed by and construed in accordance with the laws of the State of Oklahoma without regard to conflicts-of-law principles, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts in the County of Oklahoma, State of Oklahoma.
XIII. Entire Agreement