Miscellaneous



The TeachAble Project – Terms of Use

Please review these Terms of Use carefully. By accessing, using or purchasing a product or service on www.theTeachAbleproject.org, (the "Site", which includes any sub-sites related to this website) you accept and agree to comply with the following Terms of Use. The Site is made up of various webpage's owned and operated by the Ontario Education Services Corporation (hereafter referred to as "The TeachAble Project"). The Site includes the provision of certain information (the "Content") and the delivery of certain free and pay services (collectively the "Services"). References to the Site in these Terms of Use include each page included therein, all Content, and all Services, unless the context otherwise requires.

If you do not agree with these Terms of Use, you should immediately discontinue any use of this Site.

These Terms of Use are subject to change from time to time. You should visit this web page periodically to review the Terms of Use that govern your transactions and are binding on you.

Legal Disclaimer

We may provide links to other websites created and maintained by other public and/or private sector organizations. We provide these links solely for your information and convenience. We do not take any responsibility for the content, accuracy or timeliness of those other websites, nor do we endorse any commercial products that may be advertised or available on those websites. When you link to an outside website, you are leaving the Site and our information management policies no longer apply.

You may display, download and print a copy of material from the Site for non-commercial, personal or educational purposes provided that you do not modify the content and each copy acknowledges that the TeachAble Project or the person shown as the copyright holder is the source and holds the copyright.  No part of any document or image on the Site may be reproduced or transmitted for any other purpose.

License

  1. The TeachAble Project grants you a limited non-exclusive, non-transferable license to access and make personal use of the Site for non-commercial purposes, provided the Site is not modified or downloaded (other than page caching) unless expressly authorized by The TeachAble Project. The content of the Site is protected under the copyright laws of Canada and other countries. You will be fully responsible for any consequences resulting from any use. This license does not include any right for resale or commercial use of the Site or its content. Any unauthorized use of the Site will terminate the license and all the limited rights or permission granted by The TeachAble Project.

  2. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Without limiting the generality of the foregoing, and in addition to the specific prohibitions in hereof, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Service (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of any part of the Site or any Content or Service. No derivative use of the Site or its contents or any use of data mining, robots, or similar data-gathering and extraction tools are permitted. You may not attempt to gain unauthorized access to the Site or any Content or Service, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

  3. Without limiting the generality of any other prohibition or restriction contained herein, you agree that you will not use the Site to:

    (a) Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

    (b) Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

    (c) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.

    (d) Harm minors in any other way.

    (e) Make any sexual request on behalf of a minor or make any sexual request of a minor.

    (f) "Stalk" or otherwise harass another.

    (g) Collect or store personally identifying information about other users for commercial or unlawful purposes.

    (h) Impersonate any person or entity, including, but not limited to, The TeachAble Project official, employee, forum leader, guide, teacher or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

    (i) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Site.

    (j) Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

    (k) Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.

    (l) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

    (m) Making available copyrighted software or other Content that has had the copyright protection removed.

    (n) Making available serial numbers for software that can be used to illegally validate or register software.

    (o) Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.

    (p) Making available any software files for which the user does not own the copyright or have the legal right to make available.

    (q) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.

    (r) Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site, the Content, or the Services.

    (s) Use automated means, including spiders, robots, crawlers, or the like to download data from the Site.

    (t) Conduct your own contests and promotions.

    (u) Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.

    (v) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content, including, without limitation, by incorporating Content into any e-mail or "white pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.

    (w) Sell, distribute, or make any commercial use of Content or make any other use of Content in a manner which could be expected to offend any person for whom the data is relevant.

    (x) Disrupt the normal flow of dialogue in a chat room or on a bulletin board, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

    (y) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

    (z) Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, and any regulations having the force of law.

    (aa) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.

    (bb) Access any Content or Service after your account or access has been terminated by The TeachAble Project.

    (cc) Fail to complete any transaction after submitting an order to purchase any goods or services from The TeachAble Project, or breach any terms and conditions governing such transactions.

    (dd) Purchase any Services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.

    (ee) Use any software deployed in connection with the Site to process data as a service to other entities without the express written consent of The TeachAble Project or the party from whom such software may be licensed.

    (ff) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site.

    (gg) Advertise, offer for sale, or sell any product or service.

    Participation in online discussion groups, comments and other communications

  4. You may post or submit comments, suggestions, ideas, questions, or other information to the Site, provided the content is not illegal, obscene, defamatory, threatening, an invasion of privacy, objectionable or infringing on the intellectual property rights of third parties, and does not consist of or contain software viruses, commercial solicitation or any form of "spam". You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content.

  5. If you post or submit comments, suggestions, ideas, questions, or other information ("Material"), you grant The TeachAble Project an irrevocable, non-exclusive, royalty-free, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or material world-wide. You irrevocably waive all moral rights to such Material. You represent and warrant that you own or otherwise control all rights to any Material posted or submitted and that your Material does not violate these Terms of Use or other Board policy and will not cause injury to any person or entity; and that you will indemnify The TeachAble Project for all losses or claims resulting from Material you supply. Please see our privacy statement for more information.

  6. The TeachAble Project takes no responsibility and assumes no liability for any Material posted by you or any third party. The TeachAble Project reserves the right to monitor and edit or remove any activity or material or inactivate any account that appears to violate these Terms of Use or guidelines for participating in an online discussion.

    Limitation of liability, disclaimer of warranties and conditions

  7. The Contents, products and Services are provided in good faith on an "AS IS" basis and were current at the time of posting for use on the Site.

  8. The TeachAble Project disclaims all warranties or conditions, express or implied, in respect of the Contents, products and Services encompassed by these Terms of Use, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.

  9. The TeachAble Project is not responsible for any liability for any direct, indirect, incidental, consequential or other damages resulting from the use, misuse or misinterpretation of any Content, products or Services provided by this Site.

    Indemnity

  10. You agree to indemnify, defend and hold harmless The TeachAble Project and its officials, officers, employees and authorized representatives from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees, relating in any way to your use of the Contents, products or Services provided by this Site.

    Links

  11. Links to third-party web sites are provided solely as a convenience to you. These other web sites were independently developed by parties other than The TeachAble Project and The TeachAble Project assumes no responsibility for the accuracy or appropriateness of the information contained in such Web sites. The inclusion of any link to another Web site does not imply an endorsement by The TeachAble Project and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third party Web sites, you do so entirely at your own risk. When you visit another site, please review its terms of use.

  12. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray The TeachAble Project, its officials, its employees, or its Content, products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

    Site Policies

  13. We reserve the right to make changes to our Site Policies or Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Site. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.

  14. The use of the Site is solely for your personal and non-commercial use. Without the advance express written permission of The TeachAble Project, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the Site. Without limiting the generality of the foregoing, without the advance express written permission of The TeachAble Project you may not ‘meta-search’ the Site, send, or cause to be sent, any automated queries of any sort to the Site, or use the Site in any other commercial manner.

  15. The TeachAble Project has the right (but not the obligation) to monitor your use of the Site from time to time to ensure compliance with these Terms of Use. You hereby consent to all such monitoring from time to time, notwithstanding that you will not have notice thereof at any given time, and notwithstanding that such monitoring may allow The TeachAble Project to access information with respect to you and/or your use of the Internet that you would otherwise not choose to share with others.

  16. It is important to note that not all of the Content or Services are available in provinces outside of Ontario or in jurisdictions outside Canada. Content and Services are expressly not being made available and not offered, and The TeachAble Project hereby expressly denies you the right to use them, in any jurisdiction in which they are not lawful. It is your responsibility to be aware of the laws of your province or country or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside of Ontario, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Content or any copy or adaptation in violation of any applicable laws or regulations, including but not limited to the export laws and regulations of Canada in force from time to time.

    Termination

  17. If you violate these Terms of Use or other policies and guidelines posted on this Site, your permission to use the Content automatically and immediately terminates and you must immediately destroy any copies you have made of the Content. The TeachAble Project reserves all of its rights at law and in equity.

    General Provisions

  18. By using the Site and in consideration of The TeachAble Project allowing you to use the Site on the terms set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge, you hereby agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use and any other posted guidelines or rules applicable to the Site, page, Content or Service. All such guidelines and rules are hereby incorporated by reference into these Terms of Use. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The TeachAble Project with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The TeachAble Project with respect to the Sites or any part thereof. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  19. The TeachAble Project reserves the right in its sole discretion, and without notice, to change the terms, conditions, and notices under which the use of the Site is offered. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on particular sites or pages within the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.

  20. The TeachAble Project’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms of Use remain in full force and effect.

  21. These Terms of Use shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

  22. The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Ontario and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Toronto, Ontario. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

    Further information

  23. Any use beyond the scope permitted by these Terms of Use requires express written permission from The TeachAble Project. The requirements for obtaining written permission may include but are not limited to an additional formal license agreement to which a license fee may apply. Contact us at info@theTeachAbleProject.org for a link or a telephone number to request further information.