Last Modified: August 22, 2017
Fee Based Purchases
Some parts of the Programs may be offered to you on a fee basis. From time to time, we may offer different Programs, and the fees for such Programs may vary. All fees are quoted and must be paid in U.S Dollars. If you elect to make a fee-based purchase and transmit to TenMarks a purchase request, you warrant that your use of the particular credit card or other TenMarks accepted payment method is authorized and that all information that you submit to TenMarks, or any third party designated by TenMarks, is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees, including any applicable sales taxes, you incur. If you are using the Programs on behalf of a tax exempt entity, you can find instructions for requesting a tax refund on the Amazon Tax Exemption Program website. Any account name, password, or user ID supplied to you in connection with any fee-based purchase is personal to you, and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the fee-based part of the Programs without refund and the imposition of additional charges based on your unauthorized use.
When you post Content (which, for purposes of this Licenses section, shall not include anything generated by students), you hereby grant (or warrant that the owner of the Content grants) us and each user of the Programs a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgement to you. By posting or providing Content, you represent and warrant that public posting and use of your Content by us and any of our users will not infringe on or violate the rights of any third party. In addition subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Programs to the extent you have the right to do so. Your right to access the Programs will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Programs, including all related intellectual property rights. The Programs are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Programs; (b) rent, lease, or sublicense the Programs or otherwise assign any rights to the Programs in whole or in part; nor (c) circumvent or disable any security or technological features or measures in the Programs. You may not export or re-export the Programs without (a) the prior written consent of TenMarks; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
Usage Guidelines and Restrictions
You agree not to use the Programs to:
1) upload, post, e-mail, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2) harm minors in any way or write comments that in any way refer to person(s) under 18 years of age;
3) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
4) upload, post, e-mail, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
5) upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
6) upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
7) upload, post, e-mail, or otherwise transmit any material that contains 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;
8) interfere with or disrupt the Programs, or servers or networks connected to the Programs, or disobey any requirements, procedures, policies, or regulations of networks connected to the Programs;
9) intentionally or unintentionally violate any applicable local, state, national, or international law, "stalk" or otherwise harass another, or collect or store personal data about other users;
10) use any automated means to access the Programs or collect any information from the Programs (including, without limitation, robots, spiders, or scripts); or
11) frame the Programs, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
End User Consent. If you are using the Programs on behalf of a school, your administrator, principal, and teacher accounts may have the ability to access, monitor, use, or disclose data related to your personnel's and students' ("End Users") use of the Programs. You will obtain and maintain all required consents from End Users to allow: (i) your access, monitoring, use, and disclosure of this data and our providing you with the ability to do so, and (ii) your End User's use of the Programs.
FERPA. For purposes of the provision of the Programs, we will be considered a "school official" with "legitimate educational interests" in personally identifiable information from education records regulated by the Family Educational Rights and Privacy Act ("FERPA") and its implementing regulations. We will abide by the limitations and requirements imposed by 34 CFR 99.33(a) on school officials. We will not use or disclose student education records regulated by FERPA without consent of the parent or eligible student, except as necessary to provide the Programs or to comply with the law or requests of a governmental or regulatory body (including subpoenas or court orders). We will give you reasonable notice of a request of a governmental or regulatory body to allow you to seek a protective order or other appropriate remedy (except to the extent our compliance with the foregoing would cause us to violate a court order or other legal requirement).
Disclaimers of Warranties; Limitations on Liability
Links and Advertising
We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. TENMARKS EDUCATION, LLC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE PROGRAMS. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Programs, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Programs.
In the event that you have a dispute with one or more users of the Programs, you release TenMarks and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code - 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Claims of Copyright Infringement
TenMarks respects the intellectual property rights of others, and requires that the people who use the Programs do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Programs in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2) identification of the copyrighted work that you claim has been infringed;
3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; your name, address, telephone number, and e-mail address;
4) a 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;
5) a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") can be reached as follows:
Designated Agent: Sarah Brain
Address of Designated Agent: 4100 E. 3rd Ave, Suite 300, Foster City, CA 94404
E-mail Address of Designated Agent: firstname.lastname@example.org
Phone number of Designated Agent: + (1) 415-868-4450
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
If you believe a copyright notice was submitted in error regarding your content, or if you contest the removal of allegedly infringing content, you may submit a counter-notice to TenMarks setting forth your good faith belief that such content was removed in error. In accordance with Sections 512(g)(2) and (3) of the DMCA, such counter-notice must set forth: (a) your full legal name, mailing address, telephone number and electronic or physical signature; (b) identification of the disputed material and its location on the Programs before removal; (c) a statement under penalty of perjury that the material was removed by mistake or misidentification; and (d) a statement that you consent to the jurisdiction of the Federal District Court where your address is located if your address is located in the U.S. or any judicial district in which we may be found if you are located outside the U.S., and that you will accept service of process from the person who provided the original complaint. TenMarks will process any counter-notices in accordance with DMCA requirements and its own internal policies and procedures.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, TenMarks has adopted a policy of terminating, in appropriate circumstances and at TenMarks's sole discretion, subscribers or account holders who are deemed to be repeat infringers. TenMarks may also at its sole discretion limit access to the Programs and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.