In order to access some features of the website, products, or services, you will have to create or have assigned to you a ClassForward account. You agree that any information you provide to Autumnate during the account creation process will be accurate and complete information.
You agree not to use any account without permission, including another user's account. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that enforce limitations on use of or access to the Service or any content therein. You agree to accept sole responsibility for the activity that occurs on your account and to notify Autumnate immediately of any breach of security or unauthorized use of your account.
You acknowledge that the Service contains content that is protected by copyright and other intellectual property laws. Specifically, you agree that you will not:
Certain parts of the Service allow Users to add, create, upload, submit, distribute, collect, or post content, videos, audio clips, written comments, data, text, photographs, drawings, software, scripts, graphics, interactive features, or other information (collectively, "User Submissions"). The following provisions govern all User Submissions made through the Service.
Autumnate agrees that you own all User Submissions that you post through the Service. You may control how your Submissions are shared with other Users on the Service through your privacy settings. Autumnate will never sell or share your User Submissions except as necessary to provide the Service.
You represent and warrant that you:
Autumnate acknowledges that User Submissions may contain information that constitutes education records under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). You acknowledge and agree that Autumnate is not a "School Official" under FERPA, as defined in 34 CFR 99.31. While we aspire to be fully compliant with security and privacy practices under FERPA, you agree and acknowledge that you are responsible for ensuring your User Submissions are compliant with all laws, including FERPA.
The above licenses granted by you in User Submissions will terminate within a commercially reasonable time after you delete your User Submission from the Service, with the exception of Autumnate's license to use derivative works based on your User Submissions. Autumnate may retain server copies of deleted User Submissions for data integrity purposes, but we will not display, distribute, or perform User Submissions that have been deleted. Autumnate is not responsible for the actions of other Users regarding your User Submissions.
If you are a copyright owner or an agent thereof and believe that any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
You may direct copyright infringement notifications to Autumnate at 114 Western Ave., Boston, MA 02134, email: [email protected] You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
Autumnate will investigate any claims of infringement. We may disable the content in question or remove it from the Service during the investigation. If we find that copyright infringement has occurred, we reserve the right to permanently disable or remove the content from the site. If we find that copyright infringement has not occurred, we reserve the right to enable or restore the content.
If you believe that a User Submission which you own, or which that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post, was incorrectly removed, you may send a counter-notice containing the following information to Autumnate:
If a counter-notice is received by Autumnate, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Autumnate's sole discretion.
If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, OR THAT THE OPERATION OF THE SERVICE WILL BE ERROR FREE.
AUTUMNATE MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR (C) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT AUTUMNATE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, BUSINESS, ANTICIPATED BENEFITS, OR DATA DUE TO INTERRUPTIONS IN THE SERVICE.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Assignment: You agree not to assign, delegate, or transfer your rights or obligations under these Terms of Service, including your account, without Autumnate's prior written consent. Autumnate may transfer, assign, or delegate our rights and obligations under these Terms of Service without consent, however, we agree not to do so without commercially reasonable notice.