Classroom Jeopardy Terms of Use - Educational Insights®
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Untitled Document
Classroom Jeopardy Website

Terms of Use and Notices

Agreement Between
User and Educational Insights, Inc.

The Classroom Jeopardy website ("Classroom Jeopardy Website") is owned, operated, and maintained by Educational Insights, Inc. located in Vernon Hills, Illinois ("Educational Insights").

ACCEPTANCE OF TERMS

The Classroom Jeopardy Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Classroom Jeopardy Website, including, without limitation, registering for, logging on to, submitting Classroom Jeopardy games to, and downloading Classroom Jeopardy games from the Classroom Jeopardy Website, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section or functionality of the Classroom Jeopardy Website may also be subject to additional terms, as set forth in such section or provided in connection with such functionality ("Additional Terms").

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Classroom Jeopardy Website or associated with any functionality of the Classroom Jeopardy Website, then these terms shall control.

SITE LICENSE AND ACCESS

Subject to these Terms of Use, Educational Insights grants you a limited license to access and make personal use of the Classroom Jeopardy Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Educational Insights. This license does not include any derivative use of the Classroom Jeopardy Website or its contents or any use of data mining, robots, or similar data gathering or extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Educational Insights and/or its affiliates without express written consent of Educational Insights. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Educational Insights without the express written consent of Educational Insights. Any unauthorized use terminates the permission or license granted by Educational Insights.

You may not create a link to the Classroom Jeopardy Website without express written permission of Educational Insights. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Classroom Jeopardy Website (www.classroomjeopardy.com) so long as the link and the context within which it is portrayed do not portray Educational Insights, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Educational Insights logo or other proprietary graphic or trademark as part of the link without express written permission of Educational Insights.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Classroom Jeopardy Website, you will not use the Classroom Jeopardy Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Classroom Jeopardy Website in any manner that could damage, disable, overburden, or impair the Classroom Jeopardy Website (or the network(s) connected to the Classroom Jeopardy Website) or interfere with any other party's use and enjoyment of the Classroom Jeopardy Website. You may not attempt to gain unauthorized access to the Classroom Jeopardy Website, or other accounts, computer systems or networks connected to the Classroom Jeopardy Website, 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 Classroom Jeopardy Website.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Classroom Jeopardy Website is for your personal and non-commercial use. 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 Classroom Jeopardy Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Educational Insights and business partners or customers of Educational Insights (a "Business Agreement"), the Business Agreement shall control.

MODIFICATION OF THESE TERMS OF USE

Educational Insights reserves the right to change the terms, conditions, and notices concerning use of the Classroom Jeopardy Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Classroom Jeopardy Website. Your continued use of the Classroom Jeopardy Website constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

Educational Insights reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Classroom Jeopardy Website or any portion thereof at any time, without notice. Without limiting the foregoing, your access to the Classroom Jeopardy Website may be terminated if you post, upload or make available material that infringes a copyright.

You must be at least 18 years of age to use the Classroom Jeopardy Website, transact any business with Educational Insights, or submit any personal information to Educational Insights. As such, if you transact or attempt to transact any business with Educational Insights or submit or attempt to submit any personal information to Educational Insights, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE CLASSROOM JEOPARDY WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Classroom Jeopardy Website, and to ensure that no child under the age of 13 uses the Classroom Jeopardy Website or submits any personal information to Educational Insights.

MATERIALS PROVIDED TO EDUCATIONAL INSIGHTS

If you post, upload, input, provide or submit any feedback, suggestions, posts or other communications or materials (each a "Submission" and collectively "Submissions"), including, without limitation, any Classroom Jeopardy games, to the Classroom Jeopardy Website or to Educational Insights, you irrevocably grant Educational Insights, its affiliated companies, and their designees and sublicensees permission and license to use the Submissions in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works from, and reformat the Submissions, and to publish your name in connection with the Submissions. No compensation will be paid with respect to any use of a Submission. Educational Insights is under no obligation to post or use any Submission you may provide, and Educational Insights may remove, modify, or redact any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting a Submission, you represent and warrant (i) that the use, copying, distribution, transmission, public display, public performance, reproduction, editing, translation and reformatting of, and the creation of derivative works from, the Submission by Educational Insights, its affiliated companies, and their designees and sublicensees will not infringe or misappropriate any intellectual property or other proprietary right of any third party; and (ii) that you have all rights necessary to grant the rights and/or licenses granted to Educational Insights, its affiliated companies, and their designees and sublicenses under this agreement.

If any Submission contains any personal information about a child under the age of 13, including, without limitation, any photo or video depicting a child under the age of 13, you affirm that you have obtained written permission from the child's parent or guardian to provide such information.

TRADEMARKS

All trademarks and trade dress that appear on the Classroom Jeopardy Website ("Trademarks") are trademarks/trade dress or registered trademarks/trade dress of Educational Insights (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.

The Trademarks are valuable assets of their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only by used by their respective owners, licensees, or other authorized persons or entities for the benefit of their respective owners and only in connection with the products and services authorized by their respective owners. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Educational Insights or its affiliates, subsidiaries or parent companies is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of their respective owners. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download in connection with the Classroom Jeopardy Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations ("Content") and software ("Software"), is wholly owned by and is the copyrighted work of Educational Insights and/or its suppliers and is protected by United States copyright laws and international treaty provisions. Unless otherwise indicated, the compilation of all content on the Classroom Jeopardy Website is the exclusive property of Educational Insights and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Educational Insights and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Educational Insights respects the rights of copyright holders and will, in appropriate circumstances, terminate account holders who are repeat infringers.

It is the policy of Educational Insights to respond to clear, legally valid notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act of 1998 ("DMCA"). If Educational Insights is notified of alleged copyright infringement in accordance with these requirements, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity, provided that the material may be reinstated according to the counter notification procedure described below.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide the following information to Educational Insights' Designated Agent (identified below), as required by 17 U.S.C. § 512(c):

- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Educational Insights to locate the material;
- information reasonably sufficient to allow Educational Insights to contact you, such as an address, telephone number, and e-mail address;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notice you provide will be forwarded to the person who provided the allegedly infringing content, and a copy may be sent to a third party (such as Chilling Effects at http://www.chillingeffects.org), which may publish and/or annotate it.

Educational Insights' Designated Agent is:

Adam K. Sacharoff, Esq.
Much Shelist
191 North Wacker Drive, Suite 1800
Chicago, Illinois 60606
312-521-2775 Tel.
312-521-2875 Fax.
asacharoff@muchshelist.com

COUNTER NOTIFICATION PROCEDURES

Educational Insights will take reasonable steps to promptly notify a user of the Classroom Jeopardy Website if it has removed or disabled access to such user's Submission in response to a notice of copyright infringement. In such event, the user may make a counter notification pursuant to 17 U.S.C. §§ 512(g)(2) and (3). When Educational Insights receive a counter notification, it may reinstate the material in question.

To file a counter notification with Educational Insights, you must provide a written communication that includes the following items, as required by 17 U.S.C. § 512(g), to the Designated Agent identified above:

- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside of the United States, the Federal District Court for the Northern District of Illinois), and that you will accept service of process from the person who provided the notification of alleged copyright infringement or an agent of such person; and
- your physical or electronic signature.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

The Classroom Jeopardy Website may allow you to register to sign in and access certain information or materials on the Classroom Jeopardy Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Educational Insights immediately of any unauthorized use of your account or any other breach of security. Educational Insights will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may and will be held liable for losses incurred by Educational Insights or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Educational Insights.

You acknowledge that your failure to adhere to the foregoing paragraph may cause serious and potentially irreparable injury to Educational Insights. As such, breach of this provision shall be construed as a material breach of these Terms of Use and Educational Insights shall pursue any and all legal recourse available to remedy such breach, including but not limited to monetary damages, specific performance, and other injunctive relief.

LINKS TO THIRD PARTY SITES

The Classroom Jeopardy Website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Educational Insights, and Educational Insights is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Educational Insights is not responsible for webcasting or any other form of transmission received from any Linked Site, and Educational Insights is not responsible if the Linked Site is not working appropriately. Educational Insights is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Educational Insights of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers, sponsors, or affiliates) included within the Classroom Jeopardy Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Educational Insights shall not be responsible or liable for any part of any such dealings or promotions.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE CLASSROOM JEOPARDY WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CLASSROOM JEOPARDY WEBSITE AND TO THE INFORMATION THEREIN. EDUCATIONAL INSIGHTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CLASSROOM JEOPARDY WEBSITE AT ANY TIME.

EDUCATIONAL INSIGHTS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND RELATED GRAPHICS CONTAINED WITHIN THE CLASSROOM JEOPARDY WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDUCATIONAL INSIGHTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT EDUCATIONAL INSIGHTS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE CLASSROOM JEOPARDY WEBSITE. YOU SPECIFICALLY AGREE THAT EDUCATIONAL INSIGHTS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EDUCATIONAL INSIGHTS IS NOT RESPONSIBLE FOR ANY CONTENT SENT, SUBMITTED TO, AND/OR INCLUDED IN THE CLASSROOM JEOPARDY WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL EDUCATIONAL INSIGHTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLASSROOM JEOPARDY WEBSITE, THE DELAY OR INABILITY TO USE THE CLASSROOM JEOPARDY WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS, AND RELATED GRAPHICS OBTAINED THROUGH THE CLASSROOM JEOPARDY WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CLASSROOM JEOPARDY WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDUCATIONAL INSIGHTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLASSROOM JEOPARDY WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLASSROOM JEOPARDY WEBSITE.

INDEMNIFICATION

You will indemnify and hold harmless Educational Insights and its parents, subsidiaries, affiliates, officers, directors and employees from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Classroom Jeopardy Website and/or any information (text or graphical), software, products, or materials obtained through the Classroom Jeopardy Website and/or from Educational Insights. In addition, you will indemnify and hold harmless Educational Insights and its parents, subsidiaries, affiliates, officers, directors and employees from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party arising from or relating to any actual or alleged infringement or misappropriation of the intellectual property or other proprietary rights of a third party by your Submission(s) or the use, copying, distribution, transmission, public display, public performance, reproduction, editing, translation, reformatting, or creation of derivative works thereof.

APPLICABLE LAW

All disputes against Educational Insights, including but not limited to disputes as to these Terms of Use; the site license; site access restriction and/or termination; Educational Insights' trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Illinois, U.S.A. and shall be submitted to a state or federal court in the State of Illinois, including but not limited to the courts in Cook County, Illinois, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Classroom Jeopardy Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Educational Insights with respect to the Classroom Jeopardy Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Educational Insights with respect to the Classroom Jeopardy Website.

ELECTRONIC RECORDS AND COMMUNICATIONS

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.

CUSTOMER SERVICE

If you have any questions, comments, or concerns, please contact our customer service department, without charge, via e-mail at service@edin.com or by telephone at 1-800-995-4436.