TERMS OF — USE
As part of the Sustainablearning Sites, you may be provided with the an online platform, including a browser interface, transmission, access and storage, which will allow you to create and/or modify certain content of the Sustainablearning Sites and store such content and/or modifications (the “Service”). Your use of the Service, in storing content and/or modifications, shall be deemed to be your agreement to abide by this Agreement.
PERSONAL AND NON-COMMERCIAL — USE LIMITATION
Sustainablearning, Inc. grants you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the “Content”) solely for your own internal business purposes. 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 Services, other than in connection with the Sustainablearning Sites or the Service.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use or resale of the Content or the Service is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third party. You shall not create Internet “links” to the Service or “frame” or “mirror” any Content contained on, or accessible from, the Service on any other server or Internet-based device. You are advised to consult with your broker or other financial representative to verify pricing information prior to the execution of any security trade based upon the Content.
Unless noted on an Sustainablearning Site, Sustainablearning, Inc. does not claim ownership of the Content you provide to Sustainablearning, Inc. or post, upload, input, store or submit to the Service for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”).
However, by posting, uploading, inputting, providing, storing or submitting your Submission, you grant Sustainablearning, Inc., its affiliated companies and necessary sublicensees (including other users of the Service), a perpetual, irrevocable, royalty-free license to use your Submission, and any corresponding copyrights, in connection with the operation of the Service, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Service or Content. No compensation will be paid with respect to the use of your Submission, as provided herein.
By Posting a Submission you warrant and represent that you own, have licensed, or otherwise control all of the rights to your Submission, including copyrights, except for any Content in the Submission obtained from an Sustainablearning Site, including, without limitation, all the rights necessary for you to provide, post, upload, input, store or submit the Submissions and the right to grant the license as set forth above. Pursuant to the Digital Millennium Copyright Act, your rights to use the Service may be terminated if you infringe the rights of copyright owners.
DISCLAIMER OF WARRANTIES
SUSTAINABLEARNING, INC. AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SUSTAINABLEARNING, INC. AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE — USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR DEFECTS WILL BE CORRECTED, OR (VI) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SUSTAINABLEARNING, INC. AND ITS LICENSORS.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Sustainablearning server, or the network(s) connected to any Sustainablearning server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Sustainablearning server or to any of the Services, 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 Services.
Use, Storage and Other Limitations
Sustainablearning, Inc. reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service and the maximum disk space that will be allotted on Sustainablearning’s servers on your behalf.
This Agreement will be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Boston, Massachusetts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Sustainablearning, Inc. as a result of this agreement or use of the Service. The failure of Sustainablearning, Inc. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sustainablearning, Inc. in writing.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent, as set forth below. Information regarding the statutory requirements for a notice being sent under the provisions and following the guidelines of the Digital Millennium Copyright Act of 1998 is located at http://lcweb.loc.gov/copyright
If at any time you believe that any material displayed on the site violates the copyrights or other rights of any person, including yourself, please contact: [email protected]
Contacting the DMCA Registered Agent at Sustainablearning:
Should you wish to take advantage of the voluntary and more formal provisions of the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512 (DMCA), please use the email address [email protected] for direct communication with the Sustainablearning designated agent. This email address is intended specifically for the receipt of “notifications of claimed infringement” under the DMCA. It is not intended for general inquiries or requests concerning the use of Sustainablearning materials.