WEBSOURCE USER AGREEMENT AND TERMS OF USE
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.
Use of the Connect with Kids WebSource (Website) is contingent upon your acceptance of the following terms and rules. By using our Website, you accept these terms and agree to be legally bound by the terms and conditions set forth in this Agreement. If you do not agree with the terms set forth herein, do not use this Website. In addition, your continued use of our Website after a change has been made to the policies of our Web sites implies your assent to those changes. “Connect with Kids WebSource” located at http://websource.connectwithkids.com or www.connectwithkids.com/websource (CWK WebSource) refers to https://websource.connectwithkids.com which is owned and managed by CWK Network, Inc.
Access to all but a limited section of CWK WebSource is restricted to Individual Users, Organization Subscribers, Group Users each defined below and collectively referred to as “Users” for purposes of this Agreement.
I. Definitions
Definition of Individual User: An individual subscriber (Individual User) is defined as a single user such as a parent, teacher, counselor, or other individual who purchases a license to use the site for individual and small group educational purposes (i.e., an in-class lesson, counseling session, parent meeting or workshop) in a single session. Access to the full site is achieved through the use of assigned passcodes. Each Individual User shall have a valid username and password for the purpose of accessing the Website and the Content (the “Log-In Information”). An Individual User is the only person permitted to use the individual passcode assigned to such Individual User. Individual Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the Individual User. Unauthorized access to or use of the Website and/or the Content by someone using an Individual User’s Log-In information may be attributed to such Individual User.. The annual subscription price grants access to the website for one year from subscription start up date. There is no pro-rating of the subscription price. CWK Network, Inc. reserves the right to cancel any subscription at any time. The unauthorized sharing for passcodes may be prosecuted.
Definition of Organization Subscriber and Group User: An organization subscriber (Subscriber) is defined as a school, school district, or organization that is purchases a license in order that members (Group Users) of the organization (i.e., students, teachers, parents and community members) can access the site. That access is achieved through CWK Network’s authorization and assignment of organization codes, user names, and passwords to members of the group. Each Group User shall have a valid username, password, an organization passcode for the purpose of accessing the Website and the Content (the “Log-In Information”). Subscriber and its Group Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned Group User. Subscriber and its Group Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Website and/or the Content by unauthorized persons using a Group User’s Log-In Information. Unauthorized access to or use of the Website and/or the Content by someone using a Group User’s Log-In information may be attributed to such Group User. CWK Network, Inc. reserves the right to cancel any subscription at any time. The unauthorized sharing for passcodes may be prosecuted.
Definition of Content: All the search pages, indexes, databases, lesson plans, resource guides, viewing guides, professional development resources, video, text, still images, audio materials and all other content provided by CWK Network, Inc. or hosted on the Website or otherwise offered in connection with the Product.
Definition of Product: The CWK Network, Inc., service that provides educational video, text, still images and audio materials through streaming and downloadable technology delivered via the Internet or a secured Intranet site.
Definition of Term: The period of time for which User has obtained a license on to access the Product and the Content.
Definition of Website: The website located at http://websource.connectwithkids.com or www.connectwithkids.com/websource.
II. License and Conditions of Use
CWK Network, Inc., the owner of the Content and Product, grants to Users a limited, non-exclusive, revocable license to access the Website and its content for the Term. This license may not be transferred to third parties, nor may Users allow an unauthorized third party to gain access to the Product, the Content or any Access Information (as defined in Section 2 below). Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and grounds for immediate termination by CWK Network, Inc.
Product and Content Shall Be Used for Education Purposes Only. The Product and the Content may be used for bona fide educational and research purposes only. In no event shall the Content be used in any commercial or for-profit manner (including without limitation as part of any public exhibitions where an admission fee is charged for viewing) without advance written permission from CWK Network, Inc. In no event shall the Product or the Content be used outside of the scope of this Agreement.
Original Intent. User agrees to maintain the original intent of all Content. For clarity of purpose, this means that the Content should not be used in a manner that disparages the Content or CWK Network, or in any manner that may be deemed inappropriate by CWK Network in its sole discretion.
Security. User shall not take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Product’s control or security systems, nor allow or assist a third party to do so. This prohibition includes but is not limited to hacking, de-compiling, disassembling and reverse-engineering the Website or the Content.
Alteration, Removal, Duplication, and Sub-license. User shall not remove, obscure or alter the Content, or the Website itself, and shall not combine or merge the Content with any other programs or content, except as expressly permitted in this Agreement or with the prior written agreement of CWK Network, Inc. User shall not sub-license, distribute, rent, lease, transfer or otherwise make the Content available to any third party, or make the Content accessible to any party by broadcast or transmission, including without limitation by television, cable, satellite, telephony, wireless, closed-circuit or Internet broadcasting, or use the Content for systematic downloading, service bureau redistribution services, printing for fee-for-service purposes and/or the making of print or electronic copies for transmission to non-Users, except as expressly permitted in this Agreement. For the avoidance of doubt, all provisions of this Agreement relating to the Content shall also govern Content that is edited in accordance with this Agreement.
Downloading of Content. Users may download copies of images, videos, and video clips that are designated as downloadable on the website. Downloads may be used for noncommercial instructional purposes only, including for use as lesson plans. Copies must be deleted or erased after use or expiration of the Term, whichever occurs first. Such downloading shall be for Users convenience only and Users may not systematically download all of the Content; create distribution “libraries”, or transfer, sell, rent, display, or exhibit any of the Content to any third party outside those authorized as an Individual User, Organization Subscriber, or Group User as defined by this Agreement.
Editing Content. Users may not edit videos or video clips on the website. Users may edit certain ancillary educational materials, such as lesson plans, discussion questions, student activity sheets, parent fact sheets and resource guides (“Coordinated Materials”). User may modify, alter and revise the Coordinated Materials to meet specific instructional needs with the understanding that CWK Network shall continue to own the Coordinated Materials and with the notification that CWK Network, Inc. is not responsible for the content or accuracy of the edited material or revisions. Additionally, such materials, as edited by User, may not contain any libelous or unlawful materials or content or any commercial advertising materials, will not infringe upon any party’s proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy, and may not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability.
Conversion. Content may not be converted from digital to analog format, such as by recording a video clip onto a VHS videotape. Violation of this Section 6 may constitute copyright infringement.
Attribution and Citations. All proprietary notices on the Content shall include proper citation information for all Content used in any end product. Marks, title names and producer information within video content may not be edited, removed or obstructed. Reference to CWK Network, Inc. or Connect with Kids as the source of the Content is required for all Content including video clips, video stills, images and Ancillary Materials. User shall ensure that the Connect with Kids name and logo shall be prominently displayed on all User materials.
Ownership, Copyrights and Trademarks. User acknowledges that as between User and CWK Network, ownership in and to the Product, the Website and the Content, including but not limited to video, text, still images and audio materials, and all intellectual property or other proprietary rights therein, shall remain with CWK Network. Nothing in this Agreement shall be construed to give User ownership in the Product, the Website or the Content. User acknowledges that User has no right to use the Content other than as set forth in this Agreement. All rights not expressly granted are reserved to CWK Network.
III. Indemnification, Obligations, and Disclaimer
In consideration for Users use of and access to CWK WebSource Website (Website), Users agree that in no event will CWK Network, Inc., its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Website or any site linked to this Website, be responsible or liable to Individual User, Organization Subscriber or Group User or affiliated entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in Website, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through Website, even if you advise CWK Network, Inc., of the possibility of any claims or damages. You, as a visitor and/or user of Website, agree to defend, indemnify, and hold harmless CWK Network, Inc., its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of the CWK WebSource Website, or arising out of any violation of laws or these Rules of Conduct committed by you as a visitor or User, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.
Disclaimer. CWK Network, Inc. has made and will continue to make efforts to include accurate and current information on this website. However, the materials on CWK WebSource Website (Website) are provided “as is” and to the fullest extent permissible pursuant to applicable law, CWK Network, Inc., disclaims all warranties, express or implied, including, without limitation, implied warranties of merchant ability and fitness for a particular purpose. CWK Network, Inc., does not assume any responsibility of risk for your use of the web site. CWK Network, Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Website or server that makes such sites available are free of viruses or other harmful components. CWK Network, Inc., does not warrant or make any representations regarding the use or the results of the use of any of the materials on Website in terms of their correctness, accuracy, reliability, completeness, timeliness, or otherwise. None of the information contained in this website shall be construed as an indication of CWK Network, Inc.’s views, opinions or recommendation or endorsement thereof. Except as specifically stated otherwise, CWK Network, Inc. does not endorse, operate, control or assume responsibility for any product, brand, method, treatment, information or services on the website, in any way. Users and Subscribers assume the sole cost of all necessary servicing, repair, or correction. Applicable lay may not allow the exclusion of implied warranties, so the above exclusion may not apply.
Termination. CWK Network, Inc. shall have the right to immediately terminate your use of CWK WebSource Website (Website) if CWK Network, Inc., determines, in its sole discretion, that Users or visitors have violated the Rules of Conduct set forth above or otherwise breached this agreement, or have engaged in conduct which CWK Network, Inc. determines, in its sole discretion, to be unacceptable.
IV. Miscellaneous
This Agreement shall be construed and enforced under the laws of the State of Georgia, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of Georgia. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. Rights and remedies granted hereunder are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity. User shall not be entitled to equitable relief. Each party’s representations, warranties, indemnities and confidentiality obligations and the provisions regarding ownership of intellectual property shall survive the expiration or prior termination of this Agreement.