StrataLogica

PERMITTED USE AGREEMENT

Printable Version

YOU SHOULD ASSUME THAT EVERYTHING CONTAINED WITHIN STRATALOGICA.COM, HEREAFTER REFERRED TO AS STRATALOGICA, ARE COPYRIGHTED WORKS OWNED BY HERFF JONES, INC. ("Herff Jones") OR ITS THIRD PARTY LICENSORS. IT IS NECESSARY THAT YOU OBTAIN A LICENSE TO USE STRATALOGICA. THE TERMS OF THE LICENSE ARE STATED BELOW. READ THESE TERMS. BY USING OR SUBSCRIBING TO STRATALOGICA, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Use of StrataLogica. During the term of the license, and subject to your compliance with this Agreement, Herff Jones grants each subscriber classroom, including its faculty and students, a non-exclusive, non-transferable license to access StrataLogica and use the StrataLogica content for school education purposes. The StrataLogica content may be reproduced and distributed solely for the development of internal school documents, assignments, reports, or electronic presentations, except to the extent that StrataLogica provides an external forum for sharing its content. You may use StrataLogica on more than one computer at a time in accordance with the conditions of this Agreement.

Restrictions on Use. Unless you have received prior written authorization from Herff Jones, users of StrataLogica may not:

• distribute or disclose your password or otherwise provide access to the StrataLogica program to others;
• reproduce, distribute, publicly display or perform, of content created using StrataLogica to others outside of the subscriber school's students and teachers, except by means of and within the limits established for the StrataLogica Community;
• reproduce, distribute, publicly display or perform, modify, or make derivative works of the StrataLogica program or software code, in whole or part;
• use any StrataLogica or third party content for commercial use without the prior written authorization of Herff Jones and any additional copyright holders.
• redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make StrataLogica program;
• reverse engineer, decompile or otherwise attempt to extract the source code of StrataLogica or any part thereof, unless this is expressly permitted or required by applicable law;
• use StrataLogica, its content, or any component thereof for any commercial purpose or products;
• delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in StrataLogica or its content; or
• export StrataLogica components, or any part thereof, contrary to US export regulations.

Works of Users. Users of StrataLogica may distribute and make available to others their own original works as displayed on licensed StrataLogica content available to others only by means of the StrataLogica Community or otherwise permitted under this License. By submitting original content to StrataLogica, users agree that,

• They warrant that they own all rights to the content
• They will not object to the use of the content by StrataLogica.
• All original content added to Herff Jones material available through StrataLogica is the copyrighted property of the creator.

Works of Third Parties. Users of StrataLogica SHALL NOT use or incorporate any third party works such as photos, text, and video with StrataLogica, including in their presentations, projects, custom map views, and public comments except under the following conditions. By using or submitting third party content to StrataLogica, users agree that,

• They assume sole responsibility for securing the appropriate permission from copyright holders.
• They warrant they have the permission of the copyright holder or use of the content is permitted by law, including the law of fair use.

• Herff Jones will not be held liable in any way for any user or other third-party content, including, but not limited to, claims of infringement, defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the services.

Prohibited Conduct. StrataLogica users agree not to use StrataLogica to:

• Upload, post, email, otherwise transmit, or post links to material may be unlawfully infringing, offensive or menacing, abusive, defamatory, libelous, threatening, harassing, obscene or contain material considered pornographic or otherwise harmful to children under 18 years old.
• Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
• Upload, post, email, otherwise transmit, or post links to any content judged to be inappropriate for children under 18 years old.
• Upload, post, email, otherwise transmit, or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way. See the StrataLogica Privacy Policy for further details.
• Collect or store personally identifying information about other users for commercial or unlawful purposes.
• Impersonate any person or entity, including, but not limited to, a Herff Jones official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through StrataLogica.
• Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
• Any material disclosed with the purpose of violating copyrighted software or circumventing protections on copyrighted software or subscription websites.
• Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of StrataLogica.
• Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any content regarding any raffle, contest or game requiring a fee by participants.
• Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.
• Intentionally or unintentionally violate any applicable local, state, national or international law, any rules and regulations having the force of law.
• Advertise, offer for sale, or sell any item using StrataLogica.
• Upload, post, email, otherwise transmit, or post links on the Community page in violation of the Community guidelines.

Repeat offenders of these policies shall, at the sole discretion of Herff Jones, be judged in violation of this licensing agreement. Under such circumstances, the violator's access to StrataLogica shall be terminated and the license revoked without refund.

Copyright Complaints. Herff Jones respect the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.

Notifying Herff Jones of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of "Herff Jones: DMCA Notification Dept." at copyrightagent@herffjones.com that sets forth the information specified by the DMCA  (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Herff Jones with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide Herff Jones with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at copyrightagent@herffjones.com that sets forth all of the necessary information required by the DMCA  (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Subscriber classrooms, including relevant faculty, administrators, and curriculum supervisors, will make all reasonable efforts to ensure student users' compliance with these restrictions. Due to the subscription structure of StrataLogica, use of StrataLogica, its components, documentation or any part thereof, is prohibited when the term of the subscription expires. All files obtained through StrataLogica must be erased from former subscriber(s) hard drive, desktop, and from any discs or software downloaded and created by subscriber(s). Continued use of StrataLogica, its components or documentation, or any part thereof, is a violation of copyright laws.

Use of services and components of StrataLogica is strictly prohibited to anyone other than the registered subscriber and its students and teachers. StrataLogica and its content and components are subject to copyright and other intellectual property rights owned by or licensed to Herff Jones. You may be held liable for any use of StrataLogica or its content other than as permitted in this Agreement. StrataLogica includes the Google Maps API and the use of this feature is governed by Google's terms of use set forth at the following URL, http://maps.google.com/help/terms_maps.html. Users agree to Google's terms of use.

EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, NEITHER HERFF JONES NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE PRODUCT WILL OBTAIN ANY PARTICULAR RESULT. IN THE EVENT OF A FAILURE TO PROVIDE THE PRODUCT OR ANY DEFECT IN THE PRODUCT, THE SOLE REMEDY OF SUBSCRIBER AND USERS SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SUBSCRIPTION TO THE PRODUCT (PRORATED TO TAKE INTO ACCOUNT THE TIME THE PRODUCT WAS AVAILABLE). IN NO EVENT SHALL HERFF JONES'S LIABILITY EXCEED SUCH AMOUNT, EVEN IF HERFF JONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HERFF JONES BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE PRODUCT (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.

Herff Jones cannot guarantee that you will obtain the results you seek or warrant that the StrataLogica service will be error-free.

We want to be sure that you are satisfied with the StrataLogica online education resources. If you have questions or problems with your subscription, please e-mail us at this website StrataLogica@nystromnet.com or write, call, or FAX us at the following location:

I have read the provisions of this Permitted Use Agreement, I understand them, and I agree to them. I confirm and warrant to Herff Jones that I have all the rights, power and authority necessary to enter into this Agreement on behalf of the subscribing school. I understand that this subscription will terminate at the end of its term if not renewed, and in such event, I will destroy all downloaded files as required above.