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OMAHA PUBLIC SCHOOLS
ON-LINE TERMS OF USE
TERMS
AND
CONDITIONS OF USE
The Omaha Public Schools ("OPS")
encourages the use of this
Site and other OPS Internet sites, regardless of domain address, as a way
to
share information and knowledge in support of the OPS mission to provide
all
students with the high-quality instruction needed to prepare for life in
tomorrow's high-tech world. While most OPS Sites are publicly accessible,
certain services and information offered on-line may be restricted to
specific
users or segments of the OPS population
By accessing the Site or other Internet sites
through links
provided by OPS, you agree to all terms, conditionns, and notices
contained or
referenced herein (the “Terms of Use”). If you do not agree to
these Terms of
Use please do not use the Site. We reserve the right, at our
discretion, to
update or revise these Terms of Use. Please check the Terms of Use
periodically
for changes. Your continued use of the Site following the posting
of any
changes to the Terms of Use constitutes acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by the OPS Rules of Use,
including but
not limited to, agreeing not to use the Site for any unlawful
purpose. A copy
of the Rules of Use, which you should review can be found below. If
you are a
student, faculty member or staff member at OPS you also agree to abide by
any
applicable policies, practice, procedures of guidelines applicable to
your use
of this Site. In addition, if you are a student at OPS you agree to
abide by
the "Behavior Rules for Students Using School Computers and
Networks."
THIRD-PARTY
SITES
The Site may produce automated search results or
otherwise
link you to other Sites on the Internet. These Sites may contain
information or
material that some people may find inappropriate or offensive.
These other
Sites are not under the control of OPS, and you acknowledge that OPS is
not
responsible for the accuracy, copyright compliance, legality, decency, or
any
other aspect of the content of such Sites. The inclusion of such a
link does
not imply endorsement of the Site by OPS or any association with its
operators.
PROPRIETARY
RIGHTS
You acknowledge and agree that all content and
materials
available on the Site are protected by copyrights, trademarks, service
marks,
patents, trade secrets, or other proprietary rights and laws.
Except as
expressly authorized by OPS, you agree not to sell, license, rent,
modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform,
publish, adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one
copy of the
materials or content on the Site on any single computer for your
personal,
non-commercial use, provided you keep intact all copyright and other
proprietary
notices. Systematic retrieval of data or other content from the
Site to create
or compile, directly or indirectly, a collection, compilation, database
or
directory without written permission from OPS is prohibited. In
addition, use
of the content or materials for any purpose not expressly permitted in
these
Terms of Use is prohibited.
As noted above, reproduction, copying, or
redistribution
for commercial purposes of any materials or design elements on the Site
is
strictly prohibited without the express written permission of OPS.
Permission
is granted only when certain limited criteria are met. For
information on
requesting such permission, please contact:
webteam@ops.org.
DISCLAIMER
OF
WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE
PROVIDED
“AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR
NONINFRINGEMENT. OPS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT
WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE
AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF
THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
LIMITATION
OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL OPS, ITS SUBSIDIARIES,
OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE,
THE
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
OPS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES,
OPS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED
BY LAW.
COPYRIGHT
The entire content (including text and “look and feel” attributes) of the
Site
is ©2007 Omaha Public Schools. Any use of such content
requires the written
permission of Omaha Public Schools. All rights reserved.
VIRUSES
Because of the marked increase in the fabrication and proliferation of
computer
viruses affecting the Internet, we want to warn you about infections or
viral
contamination on your system. It is your responsibility to scan any
and all
downloaded materials received from the Internet. We are not
responsible or
liable for any damage caused by such hazards.
SECURITY
We welcome your e-mail correspondence. But Internet and e-mail
communications
are not confidential. It is possible that information transmitted
to us may be
read or obtained by other parties. In an attempt to protect your
privacy, our
e-mail responses do not include personal account information such as
social
security numbers or account numbers.
INDEMNIFICATION
Upon a request by OPS, you agree to defend,
indemnify, and
hold harmless OPS and its subsidiary and other affiliated companies, and
their
employees, contractors, officers, and directors from all liabilities,
claims,
and expenses, including attorney’s fees, that arise from your use or
misuse of
the Site. OPS reserves the right, at its own expense, to assume the
exclusive
defense and control of any matter otherwise subject to indemnification by
you,
in which event you will cooperate with OPS in asserting any available
defenses.
CONTENT
Statements made in the Site, newsgroups, message
boards,
e-mail, forums, conferences and chats reflect only the views of their
authors.
Forum managers, forum hosts, teachers, staff or Merchants appearing on
the Site
are not necessarily authorized OPS spokespersons, and their views do not
necessarily reflect those of OPS.
LICENSES AND
IDEA
SUBMISSIONS
You agree to grant to OPS a non-exclusive,
worldwide,
royalty-free, perpetual license, with the right to sublicense, to
reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly
perform any materials and other information (including, without
limitation,
ideas contained therein for new or improved products or services) you
submit to
public areas of OPS (such as BBSs, forums and chat rooms) by all means
and in
any media now known or hereafter developed. You hereby waive your
moral rights
in any such materials and information, and you hereby warrant that any
such
materials and information are original with you, or that you have the
right to
submit such materials and information. You agree that you shall
have no
recourse against OPS for any alleged or actual infringement or
misappropriation
of any proprietary right in your communication to us.
THIRD PARTY
RIGHTS
The provisions of the Sections Disclaimer of
Warranties,
Limitation of Liability and Indemnification are for the benefit of OPS
and its
officers, directors, employees, agents, licensors, suppliers, and
information
providers. Each of these individuals or entities shall have the
right to assert
and enforce those provisions directly against you on its own behalf.
INTERNATIONAL USE
OPS makes no representation that materials on the
Site are
appropriate or available for use in locations outside the United States,
and
accessing them from territories where their contents are illegal is
prohibited.
Those who choose to access the Site from other locations do so on their
own
initiative and are responsible for compliance with local laws.
LIMITED
LICENSE
By this Agreement, OPS grants, subject to the terms
of this
Agreement, only a limited, non-transferable and non-exclusive license to
use the
software and documentation necessary to access, explore and otherwise use
the
Site in real time and to use the materials on this Internet Site in a
manner
consistent with this Agreement.
ELECTRONIC MEANS
You
and OPS desire to facilitate certain transactions pursuant to this
Agreement by
exchanging documents, records and signatures electronically or by
utilizing
electronic agents. The use of electronic facilities or agents shall
be in
accordance with procedures established by OPS and governed by the
applicable
provisions of the Uniform Electronic Transactions Act as adopted in the
State of
Nebraska.
INDEMNIFICATION
AND
FORCE MAJEURE
OPS shall not be liable in any way, and you agree to
indemnify and hold harmless OPS and its subsidiary, other affiliated
entities
and all employees, contractors, officers, and directors thereof (the
“Indemnitees”) for (1) any inaccuracy, error, or delay in, or omission of
(a)
any Information, or (b) the transmission or delivery of Information; (2)
any
loss or damage arising from or occasioned by (a) your use or misuse of
the Site
as well as any such inaccuracy, error, delay, or omission, or (b) any
non-performance, or interruption of Information due either to any
negligent act
or omission by the Indemnitees or to any "force majeure" (i.e.
flood,
extraordinary weather conditions, earthquake, or other act of God, fire,
war,
insurrection, riot, labor dispute, accident, action of government,
communications, power failure, or equipment or software malfunction) or
any
other cause beyond the reasonable control of the Indemnitees.
CHOICE OF
LAW AND
FORUM
These Terms of Use shall be governed by and
construed in
accordance with the laws of the State of Nebraska, excluding its
conflicts of
law rules. You expressly agree that the exclusive jurisdiction for
any claim or
action arising out of or relating to these Terms of Use or your use of
the Site
shall be filed only in the state or federal courts located in the State
of
Nebraska, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim
or
action.
SEVERABILITY
AND
INTEGRATION
Unless otherwise specified herein, this Agreement
constitutes the entire agreement between you and OPS with respect to the
Site
and supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and OPS with respect
to the
Site. If any part of these Terms of Use is held invalid or
unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties,
and the
remaining portions shall remain in full force and effect.
NOTICE
SPECIFIC TO
SOFTWARE AVAILABLE ON THE SITE.
Any software that is made available to download from
this
server (“Software”) is the copyrighted work of OPS and/or its
suppliers. Use of
the Software is governed by the terms of the end user license agreement,
if any,
which accompanies or is included with the Software (“License
Agreement”). An end user may not install any Software that is
accompanied by or
includes a License Agreement, unless he or she first agrees to the terms
of the
License Agreement.
The Software is made available for downloading
solely for
use by end users according to the License Agreement. Any
reproduction or
redistribution of the Software not in accordance with the License
Agreement 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 SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT,
OPS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO
THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES
AVAILABLE ON THE SITE.
IN NO EVENT SHALL OPS BE LIABLE FOR ANY SPECIAL,
INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE
FROM THIS SERVER.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT
INFRINGEMENT.
Pursuant to Title 17, United States Code, Section
512(C)(2), notifications of claimed copyright infringement should be sent
to
Service Provider’s Designated Agent. All inquiries not relevant to
the
following procedure will not receive a response. For more
information click
contact:
webteam@ops.org.
TERMINATION
OPS reserves the right, in its sole discretion, to
terminate your access to all or part of the Site, with or without
notice.
POLICY AMENDMENTS AND UPDATES
Please note that we review our practices from time
to time,
and that such practices are subject to change. OPS reserves the
right to change
these terms of use at anytime by posting revisions on the OPS web
Site. We ask
that you periodically review this page to insure familiarity with the
most
current version of these terms of use. However, these terms of use
is not
intended to, and does not, create any contractual or other legal rights
in or on
behalf of any party.
RULES OF USE
By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software
library,
or other interactive service that may be available to you on or through
the
Site, you agree that you will not upload, post, or otherwise distribute
or
facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information -- that:
1. is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent,
invasive of another's privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including, but not limited to,
sexual
language of a violent or threatening nature directed at another
individual or
group of individuals), or otherwise violates OPS' rules or policies;
2. victimizes,
harasses, degrades, or intimidates an individual or group of individuals
on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
3. infringes on
any patent, trademark, trade secret, copyright, right of publicity, or
other
proprietary right of any party;
4. constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also known
as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any
form of lottery or gambling;
5. contains
software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or
obtain
unauthorized access to any data or other information of any third party;
or
6. impersonates
any person or entity, including any employee or representative of OPS.
You also agree that you will not harvest or collect
information about the users or members of the Site or use such
information for
the purpose of transmitting or facilitating transmission of unsolicited
bulk
electronic e-mail or communications.
OPS generally does not pre-screen, monitor, or edit
the
content posted by users of communications services, chat rooms, message
boards,
newsgroups, software libraries, or other interactive services that may be
available on or through the Site. However, OPS and its agents have
the right,
at their sole discretion, to remove any content that, in OPS' judgment,
does not
comply with its rules or is otherwise harmful, objectionable, or
inaccurate.
OPS is not responsible for any failure or delay in removing such
content.
DOCS/457011.4
DRAFT
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AM