TEACHWITHMOVIES.COM SUBSCRIPTION AGREEMENT
Effective January 1, 2005
This Agreement is between Subscriber, an individual, and TeachWithMovies.com, Inc., a California Corporation, (hereinafter "TWM"), and governs the use by Subscriber of the TeachWithMovies.com and TeachWithMovies.org web sites on the Internet.
SECTION ONE -- PROVISIONS THE SUBSCRIBER SHOULD REVIEW FIRST
1.1 Copyright -- Limited License to Copy TeachWithMovies.com
The entire contents of TeachWithMovies.com and TeachWithMovies.org (hereinafter, collectively, "the Web Sites") are copyrighted by TWM. However, TWM grants to all current subscribers the right to PRINT ONTO PAPER LEARNING GUIDES AND INDEXES for their personal or classroom use and to distribute those paper copies to: (a) members of the subscriber's household, (b) the subscriber's current students, or (c) the parents or other caretakers of the subscriber's current students, so long as: (i) the materials printed or reproduced include a reference to TeachWithMovies.com as the source (such as the footer setting out the URL) and (ii) no monetary charge is made for these materials other than, in the case of teachers, the normal tuition or materials charge.
In addition, subscribers may use the COPY AND PASTE or similar functions of the various programs on their computers to take text from a Learning Guide or an Index and INCORPORATE THE TEXT INTO THEIR LESSON PLANS, ASSIGNMENT SHEETS, CLASSROOM HANDOUTS, OR PROFESSIONAL DEVELOPMENT MATERIALS, so long as TeachWithMovies.com is referenced as the source of the materials copied.
This is a limited, non-exclusive, non-transferrable license granted by TWM to its subscribers.
SUBSCRIBER MAY NOT ALLOW ANY PERSONS, OTHER THAN MEMBERS OF SUBSCRIBER'S HOUSEHOLD, TO USE SUBSCRIBER'S LOGIN NAME AND PASSWORD TO GAIN ACCESS TO WWW.TEACHWITHMOVIES.COM ON THE INTERNET.
1.2 Our Basic Agreement
In return for the Subscriber's non-refundable subscription payment TWM agrees to make the Web Sites or their equivalent available to the Subscriber for access through Subscriber's Internet service provider for the period set out in the subscription confirmation e-mail sent to the Subscriber by TWM.
SUBSCRIBER MAY NOT ALLOW ANY PERSONS, OTHER THAN MEMBERS OF SUBSCRIBER'S HOUSEHOLD, TO USE SUBSCRIBER'S LOGIN NAME AND PASSWORD TO GAIN ACCESS TO WWW.TEACHWITHMOVIES.COM ON THE INTERNET. Without special and separate written agreement subscriptions to TeachWithMovies.com are not available to corporations, limited liability companies, partnerships or other organizations. TeachWithMovies.com is designed for educators, parents, and other adults concerned with the education of children. Memberships are not available to anyone below 18 years of age.
The Web Sites shall be available on line for connection through the Subscriber's Internet service provider 24 hours per day seven days per week except for interruptions in service caused by events beyond the control of TWM or for periods necessary or helpful for regular maintenance or upgrading of equipment or software.
TeachWithMovies.org is a free site, available to subscribers and non-subscribers alike. TeachWithMovies.com is a subscription site available only to those who have paid a subscription fee or who have been given a password by TWM.
1.3 Subscription Payment Is Non-Refundable
Because of the small amount of money being charged by TWM for use of the extensive TeachWithMovies.com web site and because of the relatively large costs for financial transactions through credit cards THERE WILL BE NO REFUNDS GIVEN TO SUBSCRIBER FOR ANY REASON except, that if TWM voluntarily suspends operation of the Web Sites and does not provide a substantially similar substitute, it will, at Subscriber's request, refund to Subscriber a pro-rata portion of the subscription fee. Any such request must be made within 30 days of the notice of suspension sent to Subscriber at the e-mail address provided by the Subscriber to TWM. If no request for a refund is made within 30 days after notice of suspension of operations, Subscriber's right to a refund will be deemed waived.
1.4 LOGIN NAME AND PASSWORD NOT TO BE GIVEN TO ANYONE OUTSIDE THE SUBSCRIBER'S HOUSEHOLD
Subscriber's login name and password are for the personal use of Subscriber and persons in Subscriber's household. Subscriber agrees not to give his or her login name and password to any person outside of his or her household. Subscriber warrants and guarantees that everyone in Subscriber's household who is given the login name and password will abide by the same restriction. Subscriber's login name and password are not to be given to the subscriber's students or their parents.
SECTION TWO: OTHER PROVISIONS
2.1 Links to Third Party Sites: Hyperlinks to other Internet resources are provided on the Web Sites for the convenience of the Subscriber. TWM has selected these resources as having some value and pertinence, but their content, development and maintenance are not under the direction or control of TWM. Thus, the content, accuracy, opinions expressed, and other links provided by these resources have not been verified by TWM.
2.2 Advertising: Unless Subscriber has received his or her subscription through a discount or promotional program, there will be no advertisements on TeachWithMovies.com. TeachWithMovies.org, the free site may have advertisements. For certain discounted or promotional subscriptions to TeachWithMovies.com, advertising may appear on the site. Some of the advertising may permit the user to click-through to a third party advertiser. TWM does not endorse the messages of any of the advertisers, their products, or their companies. TWM has no control over the services, products or representations made by any advertiser and does not recommend the products or services offered by any advertiser. Subscriber's dealings with the advertiser, if any, are strictly between the Subscriber and the advertiser. TWM shall have no liability whatsoever arising out of any transactions between Subscriber or any member of Subscriber's household and advertiser.
2.4 Disclaimer of Warranties: TWM makes no warranty whatsoever, including without limitation: that the operation TeachWithMovies.org or TeachWithMovies.com will be uninterrupted or error free; that defects will be corrected; or that the Web Sites are free of viruses or other harmful components. As to the results that may be obtained from the use of the materials on the site; or as to the accuracy, reliability, availability, suitability, quality, or operation of any content, information, software, or service provided on or accessible from the site, TWM makes no warranty whatsoever.
To put it another way, TEACHWITHMOVIES.COM, TEACHWITHMOVIES.ORG AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY AND ADVERTISER INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEB SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH TWM DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. SUBSCRIBER'S USE OF TEACHWITHMOVIES.COM AND TEACHWITHMOVIES.ORG ARE AT SUBSCRIBER'S OWN RISK.
2.5 Limitation of Liability: IN NO EVENT SHALL TWM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF TEACHWITHMOVIES.COM OR TEACHWITHMOVIES.ORG (OR OF ANY LINKS PROVIDED ON THE WEB SITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE LINKS PROVIDED BY THE WEB SITES), EVEN IF TWM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.6 Trademarks: The depiction of the television set with the words "teach with movies" on the screen is a registered trade mark of TeachWithMovies.com, Inc., a California Corporation. The image of the pencil superimposed on a film strip with the words "teach with movies" and the words "lights, camera, learn" is a trade mark of TeachWithMovies.com, Inc. Except as permitted by applicable laws, Subscriber and all other persons are prohibited from using any of the trademarks appearing on the Web Sites without the express written consent of TWM.
TWM recognizes the importance of protecting the privacy of its subscribers. Usage data, the Subscriber's name, address, telephone number, e-mail address, and credit card information concerning the Subscriber will not be sold, leased, rented or provided in any manner to any person or organization, except to make authorized charges against the Subscriber's credit card or PayPal account.2.8 Subscriber Responsible to Maintain an Appropriate ISP Account: It is Subscriber's responsibility to maintain an account with an Internet service provider which permits the subscriber to gain access to the Internet.
2.9 Governing Law and Jurisdiction: This Agreement is governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. Jurisdiction of any litigation relating in any manner to the Web Sites or to the use thereof will be in the courts of the State of California, Los Angeles County, West Division (Santa Monica).
2.10 Miscellaneous: If any portion of this agreement is unenforceable for any reason, the remainder shall remain in force and effect as much as possible. Each person signing this Agreement warrants that he is authorized and has full authority to execute this Agreement. This is the entire agreement among the parties relating to the Subscriber's use of the Web Sites and his or her subscription to the Web Sites. There are no other oral or printed agreements relating thereto. This Subscription Agreement is fully integrated and should be interpreted without reference to any representation or statement made outside of the terms of the agreement. TWM may assign its rights in this agreement so long as the assignee undertakes to provide services substantially similar to the Web Sites. Because of the low subscription price the Subscriber may not assign his or her rights in this agreement.
2.11 Modification or Amendment: TWM may amend this agreement at any time by notifying Subscriber by e-mail, provided that, if such amendment lessens or restricts the rights of the Subscriber, at Subscriber's request made directly to TWM and (because of the transaction costs) not through TWM's credit card agency, TWM will refund a proportional part of the Subscriber's subscription payment but only if such refund would exceed $4.50. No other amended may be made except by written agreement of the parties hereto.
2.12 Termination This agreement may be terminated by Subscriber at any time by notice to TWM. Upon termination Subscriber shall forfeit any right to a refund of his or her subscription payment or any portion thereof. TWM may terminate this Agreement upon 30 days notice to Subscriber and if, when the notice is given, there are less than six months remaining on Subscriber's subscription, TWM shall not have any further obligation to subscriber. If there are more than six months remaining on the Subscription, TWM shall refund to subscriber a proportional amount.
2.13 Notice: All notices to the Subscriber pursuant to this Agreement shall be to the Subscriber's e-mail address provided to TWM. All notice to TWM may be to support@TeachWithMovies.com or to TeachWithMovies.com, Inc., 1717 Fourth Street, Third Floor, Santa Monica, CA 90401 or such other address as TWM may notify Subscriber.
2.14 Claims of Copyright Infringement Against TWM: If subscriber believes that any copyright infringement exists on this site Subscriber shall use the following process to notify TWM:
All claims of copyright infringement should be in writing and should be directed by certified mail, return receipt requested, to our designated agent below:
James A. Frieden, Secretary/Treasurer
1717 Fourth Street, Third Floor
Santa Monica, CA 90401
The notice of the claim sent to TWM should include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly being infringed.
Create Lesson Plans from 350 Movies and Films - Only $11.99 a year! Click here to Subscribe.
Already a member? Click here.