Terms of Use
Agreement with Terms and Conditions
This agreement ("Agreement") sets forth the terms and conditions
that apply to you ("Visitor"), an individual accessing the family of
websites ("Infoplease Sites") of Infoplease, a division of
Pearson Education, Inc. By accessing the Infoplease Sites, you agree to the
following terms and conditions and the Privacy
Statement. If you do not agree, you have no right or license to
access any part of the Infoplease Sites and you should not do so.
Changes in Terms and Conditions
Infoplease has the right to change or discontinue any aspect or
feature of any Infoplease Site, including, but not limited to,
content, hours of availability, and equipment needed for access or
use, at any time. Infoplease has the right to change or modify the
terms and conditions applicable to Visitor's use of any Infoplease
Site, or any part thereof, or to impose new conditions, including, but
not limited to, adding fees and charges for use at any time. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means
including, but not limited to, posting on the Infoplease Sites, or by
electronic or conventional mail, or by any other means by which
Visitor obtains notice thereof. Any use of the Infoplease Sites by
Visitor subsequent to such notice shall be deemed to constitute
acceptance by Visitor of such changes, modifications or additions.
Conduct of Visitor
Lawful Use
Visitor shall use the Infoplease Sites for lawful purposes only.
Visitor shall not post or transmit through any Infoplease Site any
material which: (i) violates or infringes in any way upon the rights
of others; (ii) is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable; (iii) encourages conduct that would
constitute a criminal offense, gives rise to civil liability or
otherwise violates any law; or (iv) contains advertising or any
solicitation with respect to products or services, unless Infoplease
has expressly approved such material in advance of its transmission.
Any conduct by a Visitor that in Infoplease's discretion restricts or
inhibits any other Visitor from using or enjoying any Infoplease Site
is expressly prohibited.
Downloading of Intellectual Property
The Infoplease Sites contain copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music, and sound, portions of which
are owned by Infoplease and portions of which are owned by other
parties and licensed to Infoplease. The entire contents of the
Infoplease Sites are copyrighted as a collective work/compilation.
Infoplease owns copyright in the selection, coordination, arrangement,
and enhancement of such content, as well as in the content original to
it. No Visitor may modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any
of the content, in whole or in part. Visitor may download one (1)
single copy of the copyrighted material for Visitor's personal,
non-commercial use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of Infoplease (or the
copyright owner(s) if other than or in addition to Infoplease). In
the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution,
trademark legend, copyright or other proprietary notice shall be made.
Visitor acknowledges that he/she does not acquire any ownership rights
by downloading copyrighted material.
Uploading of Intellectual Property
Visitor shall not upload, post or otherwise make available on any
Infoplease Site any material protected by copyright, trademark, or
other proprietary right, without the express written permission of the
owner of the copyright, trademark, or other proprietary right, and the
burden of determining that any material is not protected by copyright
rests with Visitor. Visitor shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By submitting
material to any public area of any Infoplease Site, Visitor
automatically grants, or warrants that the owner of such material has
expressly granted, Infoplease the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Visitor
also permits any other Visitor to access, view, store or reproduce the
material for that Visitor's personal use. Visitor hereby grants
Infoplease the right to edit, copy, publish and distribute any
material made available on any Infoplease Site by Visitor.
Trademarks
Unless otherwise indicated, trademarks that appear on this site are
trademarks of Infoplease or its affiliates. All other trademarks not
owned by The Infoplease Inc. or its affiliates that appear on this
site are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Infoplease or its
affiliates.
Postings
No Responsibility or Liability
To the extent that portions of the Infoplease Sites (such as "chat
rooms" or "bulletin boards") provide users an opportunity to post and
exchange information, ideas and opinions ("Postings"), BE ADVISED THAT
FAMILY EDUCATION NETWORK DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS
PRIOR TO THEIR APPEARANCE ON ANY Infoplease SITE, and Postings do not
necessarily reflect the views of Infoplease. To the fullest extent
permitted by applicable laws, Infoplease shall in no event have any
responsibility or liability for the Postings or for any claims,
damages, or losses resulting from their use and/or appearance on any
Infoplease Site.
Monitoring
Infoplease reserves the right to monitor all Postings and to remove
any which it considers in its absolute discretion to be offensive or
otherwise in breach of these terms and conditions.
Warrant that You Have All Necessary Rights
You hereby represent and warrant that you have all necessary rights
in and to all Postings you provide and all material they contain; that
your Postings shall not infringe any proprietary or other rights of
third parties; that your Postings shall not contain any viruses or
other contaminating or destructive devices or features; that your
Postings shall not contain any defamatory, indecent, offensive,
tortious, or otherwise unlawful material or content; and that your
Postings shall not be used to carry out or solicit any unlawful
activity and/or be used to make commercial solicitations.
Authorize Others to Use
You hereby authorize Infoplease to use and/or authorize others to
use all or part of your Postings in any manner, format, or medium that
Infoplease or such other parties see fit. You shall have no claim or
other recourse against Infoplease for infringement of any proprietary
right in Postings.
Disclaimers and Limitation of Liability
Use Is At Visitor's Risk
VISITOR EXPRESSLY AGREES THAT USE OF THE INFOPLEASE SITES IS AT
VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE
CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER FAMILY
EDUCATION NETWORK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR
LICENSORS, WARRANT THAT THE INFOPLEASE SITES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF ANY INFOPLEASE SITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH ANY INFOPLEASE SITE. PRICE INFORMATION IS SUBJECT TO
CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER
MATERIAL ON THE INFOPLEASE SITES OR ANY SITES WITH WHICH IT IS LINKED.
FAMILY EDUCATION NETWORK PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING
SEARCH RESULTS THAT LINK AND/OR REFERENCE SITES AND INFORMATION
LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE WE HAVE NO CONTROL
OVER SUCH SITES AND INFORMATION, FAMILY EDUCATION NETWORK MAKES NO
GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY,
CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND
FAMILY EDUCATION NETWORK ASSUMES NO RESPONSIBILITY AS TO WHETHER THE
SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE,
BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS
ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS
OF YOUR SEARCH ON OUR SITES MAY AUTOMATICALLY AND UNINTENTIONALLY
GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. WE MAKE NO
CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.
No Warranties of Service
THE INFOPLEASE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT FAMILY EDUCATION
NETWORK AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
Visitor's Waiver of Damages
IN NO EVENT WILL FAMILY EDUCATION NETWORK, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE
INFOPLEASE SITES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY
PART OF THE INFOPLEASE SITES. VISITOR HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALL
INFOPLEASE SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FAMILY EDUCATION
NETWORK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANY INFOPLEASE
SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR
ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification
Visitor agrees to defend, indemnify and hold harmless Infoplease,
its affiliates and their respective directors, officers, shareholders,
employees, agents, and assigns from and against all claims and
expenses, including attorneys' fees, arising out of Visitor's use of
any Infoplease Site.
Equipment for Visitor's Use
Visitor shall be responsible for obtaining and maintaining all
telephones, computer hardware, and other equipment needed for access
to and use of the Infoplease Sites and for any/all charges related
thereto.
Infoplease Sites' Content
Certain content portions of the Infoplease Sites are supplied by
third parties. Any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third
parties, including information providers, are those of the respective
author(s) or distributor(s) and not of Infoplease. Neither Infoplease
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. Infoplease neither endorses nor
is responsible for the accuracy or reliability of any opinion, advice
or statement made on any Infoplease Site by anyone other than employee
spokespersons of Infoplease while acting in their official capacities.
Submissions
Infoplease always welcomes suggestions and comments regarding any
Infoplease Sites. Any comments or suggestions submitted to Infoplease
Sites or Infoplease, either online or offline, will become
Infoplease's property upon their submission. This policy is intended
to avoid the possibility of future misunderstandings when projects
developed by Infoplease might seem to others to be similar to their
own submissions or comments.
Entire Agreement
This Agreement, and any operating rules for the Infoplease Sites
established by Infoplease, constitutes the entire agreement of the
parties with respect to the subject matter hereof, and supersedes all
previous written or oral agreements between the parties with respect
to such subject matter.
Controlling Law
This Agreement shall be construed in accordance with the laws of
the State of New York, without regard to its conflict of laws rules.
Any cause of action of any nature arising out this Agreement shall be
brought in the City and County of New York.
Headings
The section headings used herein are for convenience only and shall
not be given any legal import whatsoever.
Digital Millennium Copyright Act Compliance
If you have copyright concerns about any materials posted on this
site by others, please let us know. We comply with the provisions of
the Digital Millennium Copyright Act applicable to Internet service
providers (17 U.S.C. ยง 512). If you have any complaints or objections
to material posted on this site, please contact our Designated Agent
("Notice"):
Editor
Infoplease, Inc.
160 Gould St
Needham, MA 02494
or use our web form to contact us.
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner or a person
authorized to act on behalf of the owner ("Complaining Party") of an
exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single Infoplease
Site are covered by a single notification, a representative list of
such works at that site;
- 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 Infoplease to locate the material;
- Information reasonably sufficient to permit Infoplease to contact
the Complaining Party, such as an address, telephone number, and if
available, an electronic mail address at which the Complaining Party
may be contacted;
- 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 the owner
or is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
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