Please read my credits and disclosure information before using any content from PEN Group Online, Inc. dba The Organized Classroom Blog, Teaching Blog Traffic School, Teaching Blog Central (and its affiliated grade level websites), PEN Group Online, Classroom Freebies, Classroom Freebies Too, Classroom DIY, School Bulletin Boards, or Classroom Desk Arrangements, Common Core Reading Lessons, Common Core Math Lessons, Themes For Classrooms, or PEN Group Online.
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This policy is valid from 09 May 2011
The following terms and conditions govern all uses of PEN Group Online, Inc., and all content, services and products available at or through the Web sites and related offerings - see listings above - (collectively referred to here as the “Site”). The Site is owned and operated by PEN Group Online, Inc. and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site (collectively referred to here as the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Site is available only to individuals who are at least 13 years old.
1. Contributions. If you comment, post material, post links or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the content.That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video, file, computer software or material in another format. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, PEN Group Online, Inc. has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any PEN Group Online, Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in PEN Group Online's sole discretion.
2. Responsibility of Site Visitors. PEN Group Online, Inc. has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, PEN Group Online, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PEN Group Online, Inc. disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Sites. PEN Group Online, Inc. has not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which the Site links, and that link to the Site. PEN Group Online, Inc. does not have any control over other web sites and web pages, and is not responsible for their contents or their use. By linking to a web site or web page, PEN Group Online, Inc. does not represent or imply that it endorses such web site or web page. PEN Group Online, Inc. disclaims any responsibility for any harm resulting from your use of such web sites and web pages.
4. Copyright Infringement. As PEN Group Online, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify PEN Group Online, Inc. in accordance with the Digital Millennium Copyright Act. PEN Group Online, Inc. will respond to all such notices, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of sites of PEN Group Online, Inc. or others, PEN Group Online, Inc. may, in its discretion, terminate or deny access to and use of the Site.
5. Intellectual Property. This Agreement does not transfer from PEN Group Online, Inc. to you any intellectual property of PEN Group Online, Inc. or a third party, and all right, title and interest in and to such property will remain (as between the parties) solely with PEN Group Online, Inc. All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of PEN Group Online, Inc. or PEN Group Online’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any PEN Group Online, Inc. or third-party trademarks.
6. Changes. PEN Group Online, Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. PEN Group Online, Inc.may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. PEN Group Online, Inc. may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site.
8. Disclaimer of Warranties. The Site is provided “as is.” PEN Group Online, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PEN Group Online, Inc. nor its suppliers and licensors make any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
9. Limitation of Liability. In no event will PEN Group Online, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PEN Group Online, Inc. under this agreement during the twelve (12) month period prior to the cause of action. PEN Group Online, Inc. shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless PEN Group Online, Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between PEN Group Online, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PEN Group Online, Inc., or by the posting by PEN Group Online, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Erie County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PEN Group Online, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Charity Preston of PEN Group Online, LLC. is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
Digital Millennium Copyright Act Notice
If you believe that content available by means of the Site (as defined in our Terms of Service above) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If PEN Group Online, Inc. takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Site infringes your copyright, you should consider first contacting an attorney.
* An electronic signature of the copyright owner or a person authorized to act on their behalf;
* Your name, address, phone number and physical or electronic signature;
This blog accepts forms of cash advertising, sponsorship, review items, paid insertions, or other forms of compensation.
The compensation received will never influence the content, topics or posts made in this blog.
The owner of this blog is compensated to provide opinion on products, services, websites and various other topics. Even though the owner of this blog receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers' own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
This blog does not contain any content which might present a conflict of interest.
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