TEACHWITHMOVIES.ORG — TERMS OF USE AGREEMENT

Effective August 19, 2013


TeachWithMovies.org (the "Website") and the curriculum materials presented on the Website are owned by TeachWithMovies.com, Inc., a California Corporation ("TWM"), unless specific materials are attributed to another author. All curriculum materials on the Website are protected by U.S. and international copyright and trademark laws. Use of the Website and the materials on the Website by any person or entity is subject to (1) the User's agreement to the terms and conditions set out below; (2) TWM's privacy policy and (3) TWM's DMCA Compliance Notice ("DMCA Notice").

PERMITTED USES OF THE WEB SITE (FREE LICENSE):
    Anyone may access and read the site.

    No one may post TWM materials on any web site available to the general public without specific written permission of TWM.

    Teachers, counselors, or administrators in any public or not-for-profit school, college, or university MAY COPY any part of the site and include it in their lesson plans or in materials distributed to their students or to the parents of their students.

    Home-schooling parents MAY COPY any part of the site and include it in their lessons plans or materials given to their children or distributed as their contributions to non-profit cooperatives of home-schooling parents.

In each case that more than one paragraph of TWM materials are copied, the materials copied are to be attributed to TeachWithMovies.org. This is a revocable, limited, non-exclusive and non-transferrable license.

All other use of TeachWithMovies.org and of any curriculum materials on the Website, including without limitation use for any commercial purpose and use by any corporation, partnership, LLC, LLP, or other entity requires a specific written license from TWM. For permissions, contact support@teachwithmovies.com.

The content of TWM may not be used in any way that is unlawful or harmful to any other person or entity.

No User may employ the Website content in a manner that suggests that TWM or TeachWithMovies.org promotes or endorses any websites, products or services, except that the exact statements on the Website concerning the use of any movie in education or concerning the careful, limited and appropriate use of movies in education may be quoted or used.

ADDITIONAL PROVISIONS

1.   Users May Not Separately Charge for Website Materials
2.   Site Availability
3.   Links to Third Parties
4.   Advertising
5.   Affiliate Programs
6.   Disclaimer of Warranties
7.   User's Waiver of Right to Collect Damages
8.   Trademarks
9.   Security
10.   Termination
11.   TWM's Right to Cancel License
12.   Limits of the License
13.   Claims of Copyright Infringement
14.   Blog Posts
15.   User Materials Contributed
16.   International Users
17.   Spam Policy
18.   Indemnity
19.   Content (Restrictions on Use)
20.   User Conduct
21.   TWM Forums
22.   Report Erroneous or Objectionable Content
23.   Miscellaneous and Administrative Provisions



1.  Users May Not Separately Charge for Website Materials   No monetary charge may be made by any user of the Website for TeachWithMovies.org materials other than, in the case of teachers in public or non-profit educational institutions or parents in non-profit homeschooling cooperatives, the normal tuition or materials charge.

2.  Site Availability   The Web Site shall be available on line for connection through the User'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.

3.  Links to Third Party Sites   Hyperlinks to other Internet resources are provided on the Web Site for the convenience of the User. 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 and TWM makes no representation whatsoever concerning these resources. See also Digital Millennium Copyright Act Notices.

4.   Advertising   TWM does not endorse the messages of any of the advertisements that may appear on the Website, including the products advertised or the companies placing the advertisements. 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. User's dealings with any advertiser are strictly between the User and the advertiser. TWM shall have no liability whatsoever arising out of any transactions between User or any member of User's household and any advertiser.

5.   Affiliate Programs   For the convenience of Users, TeachWithMovies.com offers links to providers of products or services (hereinafter "Third-Party Vendors") such as Amazon.com. TWM is paid a small commission on any sale made by these Third-Party Vendors that originates from the Website. The responsibility for fulfillment of any orders and the satisfaction of the customer are the responsibility of the Third-Party Vendor and not of TWM. If a User employs the links on the Website to reach a Third-Party Vender, User will be bound by all of the terms of use and contractual provisions of its relationship with the Third-Party Vendor, including their privacy policies (or lack thereof). By linking to a Third-Party Vendor through the Website, User agrees that TWM is without any obligation whatsoever relating to any product or service purchased through the link or for any funds paid to the Third-Party Vendor.

6.   Disclaimer of Warranties   TWM makes no warranty whatsoever, including without limitation: that the operation TeachWithMovies.org will be uninterrupted or error free; that defects will be corrected; or that the TeachWithMovies.org is free of viruses or other harmful components. As to the results that may be obtained from the use of the materials on the Website or as to the accuracy, reliability, availability, suitability, quality, or operation of any content, information, software, or service provided on or accessible from the Website, TWM makes no warranty or guaranty whatsoever.

To put it another way, TEACHWITHMOVIES.ORG AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING WITHOUT LIMITATION LESSON PLANS, CURRICULUM MATERIALS, ESSAYS, HANDOUTS, THIRD PARTY AND ADVERTISER INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM TEACHWITHMOVIES.ORG ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED, 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.

7.  Release from Liability and User's Waiver of Right to Collect Damages   User acknowledges that TWM has no control over, and no duty to take any action regarding: which Users gain access to the Website or use the services available on the Website, what effects the content may have on any User or student, how a User may interpret or use the content, or what actions Users or students may take as a result of having been exposed to the content. User hereby releases TWM from all liability for having acquired or not acquired content through the Website or the services available on the Website. The Website may contain or direct Users to sites containing information that some people may find offensive, inappropriate or otherwise objectionable, as well as content containing technical inaccuracies, violations of 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. TWM makes no representations concerning any content contained in or accessed through the Website or services available on the Website, and TWM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the services available on the Website and disclaims responsibility for any resultant harm.

TWM has not reviewed, and cannot review, all of the material posted on or linked to the Website and cannot therefore be responsible for User posted content, use or effects. By operating the Website, TWM does not represent or imply that it endorses any User material there posted, or that it believes such material to be accurate, useful or non-harmful. Users are responsible for taking precautions as necessary to protect themselves, their students or children, and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

If, for any reason, any administrative agency, court or arbitrator or other judicial forum determines that TWM has breached any duty to User, User further agrees that, due to the fact that no payment is being made by the User for access to the Website which provides a wealth of curriculum materials of substantial value, IN NO EVENT SHALL TWM BE LIABLE UNDER CONTRACT, TORT (such as negligence or strict liability) OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (including without limitation lost profits and damages for corruption of data, injury to computer equipment, transmission of computer viruses or other malware, and interruption of services) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF TEACHWITHMOVIES.ORG OR ANY OF THE CURRICULUM OR OTHER MATERIALS PROVIDED ON THE WEBSITE, EVEN IF TWM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, User WAIVES AND RELINQUISHES ANY RIGHT TO RECOVER STATUTORY DAMAGES FROM TWM. If User's state does not allow for the limitation or exclusion of incidental or consequential damages, the above provision may not apply to User.

8.  Trademarks   The depiction of the television set with the words "teach with movies" on the screen is a registered trade mark of TWM. 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, Users and all other persons are prohibited from using those trademarks and any other trademark appearing on the Web Site without the express written consent of TWM.

9.  Security   TWM does not obtain electronic financial information from Users. When Users donate money to TWM through a credit or debit card, the donation will be made through a third-party such as PayPal which has sophisticated anti-hacking programs. Thus, TWM is not responsible for any breach of its security or for the actions of any third parties who may wrongfully or unlawfully obtain any personal information about users of the Website. If Users donate using a check sent to TWM, TWM will not provide any banking information about the User to any other person or entity except to deposit the check in TWM's bank and except as may be required by any governmental agency or court.

10.   Termination   TWM, at its sole and absolute discretion, may terminate any agreement embodied by these Terms of Use at any time without prior notice and at any time may discontinue the Website or any services provided by the Website or take it off the Internet at any time and without prior notice to any User. The following sections will survive termination of the Agreement embodied by these Terms of Use: 1, 6, 7, 8, 13, 15, 18, 24, 26, and 29.

11.   TWM's Right to Cancel License   TWM may cancel the license granted by these Terms and Conditions to any User at any time without cause and in TWM's sole and complete discretion by email notice to the User or if the cancellation is to a class of users by posting a notice on the Website. TWM has the right to require any User whose license has been cancelled to destroy, to retain and not distribute, or to return to TWM, all paper or electronic copies of of TWM materials downloaded from the Website. User shall have ten days to return Website materials to TWM if TWM makes such a demand.

12.   Limits of the License   All rights not expressly granted in the licenses contained in this Terms of Use are expressly reserved to TWM.

13.   Claims of Copyright Infringement   TWM respects the intellectual property rights of others. It is TWM's policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the Digital Millennium Copyright Act and other relevant intellectual property laws. These Terms of Use include and incorporate the TWM's DMCA Compliance Notice posted on the Website and incorporated by reference.

The following section applies to Works Created by or on Behalf of TWM Which are not Covered by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

    TWM respects and seeks to comply with copyright laws. If User believes that any copyright infringement exists on the Website, User shall notify TWM to allow TWM the opportunity to investigate the claim and take appropriate corrective action.

    All claims of copyright infringement should be in writing and should be directed by certified mail, return receipt requested, to TWM's designated agent below:

    James A. Frieden, Executive Director
    TeachWithMovies.com, Inc.
    1717 Fourth Street, Third Floor
    Santa Monica, CA 90401


    The notice of the claim of infringement sent to TWM should include the following information:

    1. A physical signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly being infringed.

    2. Identification of the copyrighted work claimed to have been infringed.

    3. 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 TWM to locate the material.

    4. Information reasonably sufficient to permit TWM 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.

    5. 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.

    6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.   Blog Posts   All posts on the TWM Blog are the personal opinions and observations of the author of the blog and do not represent the position of TWM.

15.   User Materials Contributed   Through the community features of the Website, Users may submit to TWM lesson plans, comments, messages, text, photos, images and other curriculum materials ("User Materials"). User agrees to post only text, photographs or images of items that User personally owns or may license to TWM and which were not acquired through copyright infringement, theft or other unlawful means. User acknowledges that User Materials may be routed through TWM's servers, the servers of one or more third parties on TWM's behalf and the Internet and may be viewed by TWM staff and on the Website by TWM users and by the general public. TWM reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any reason or no reason in its absolute and sole discretion without prior notice. If TWM elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If TWM has questions about User Materials, TWM retains the right, but not the duty, to contact the contributing User for further information, including, for example, to verify that User owns the copyright or otherwise has the rights to post the User Materials.

User retains the copyright and other ownership rights in any User Materials that User submits on or through the Website. However, by submitting User Materials on or through the Website, User is agreeing that the information and images submitted may be used by TWM and may be published on the Website and/or in all other mediums. By submitting User Materials, User hereby grants to TWM, its successors, assignees, affiliates, and their respective licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable license to use, copy, display, sublicense, reproduce, edit, modify, and/or adapt those User Materials in any and all media formats or channels, whether now known or hereafter devised, throughout the Universe and for any purpose including, but not limited to the Website, its linked pages, applications and services, applications and services, over the air (on all forms of radio or television), print publications, and other applications and services later devised, without payment and without further consent or notice to User and without attribution to User. User further grants to TWM and its licensees the right to contact User in connection with his or her User Materials and, in TWM's discretion, to use or not to use User's name, city and state and other information that User has provided in connection with the User Materials. In addition, User grants each other user of the Website the same rights as TWM granted or licensed to such other Users with respect to the use of User Materials.

By submitting any content, photo, information, or other other User Materials to TWM, User represents that the submitted content, photo, information, or other other User Materials does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and that User has the right to grant any and all rights and licenses granted to TWM with respect thereto. User understands and intends that any content, photo, information, or other other User Materials submitted by User to TWM may be available for viewing, rating, review and comment on by the public, and understands that comments or ratings with which User disagrees or are unhappy about may be published or otherwise become associated with content, photo, information, or other other User Materials that User submits to the Website.

16.   International Users   Users who are accessing the Website from a location outside the United States are responsible for compliance with applicable laws, including local laws regarding online conduct and content, and U.S. export laws and regulations

17.   Spam Policy   User understands and agrees that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through the Website's computer systems in any way is expressly prohibited by these terms. Any unauthorized use of TWM's computer systems is a violation of these Terms, as well as certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

18.   Indemnity   By using the site, Users agree to indemnify and hold harmless TWM, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and cost) from (i) any claim or demand made by any third party related to or arising from User's access to the Website, use of the services available on the Website, violation of these Terms of Use, or the infringement by User of any intellectual property or other right of any person or entity.

19.   Content (Restrictions on Use)   User agrees that he or she will not:
    use the Website for promotional or commercial purposes, except as expressly permitted by TWM;

    modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or its content (other than your own added content), except as expressly authorized by TWM;

    reverse engineer any portion of the Website, except as may be permitted under the law;

    remove or modify any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;

    use any spider, site search/retrieval application, robot or other automated device or process with the exception of RSS feeds;

    take any action that (i) imposes or may impose, in TWM's sole discretion, an unreasonable or disproportionately large load on TWM's servers, or infrastructure;
20.   User Conduct   As a condition of use of the Website, User promises not to use the Website or any services available on the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TWM. User understands that he or she is expected to respect the rights of others as a condition of using the Website.

Solely as examples, and not in any way limited to the following examples, User agrees not to use the Website or services available on the Website:
    To abuse, harass, threaten, stalk, impersonate, or intimidate any person;

    To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

    For any illegal or unauthorized purpose or to use or access the Website in any manner that violates any laws in User's jurisdiction;

    To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any person;

    To create or submit unwanted email or communications to any other person; and

    To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes).

21.   TWM Forums   If TWM sponsors a forum or joint discussion of any matter, the following rules apply.

TWM welcomes those who are interested in eduction.

Not allowed are:
    - Personal attacks on anyone;

    - Profanity, sexual content, promoting illegal activities, etc.

    - Users under 18 years of age

    - Posting private contact information (address/phone/e-mail/etc) of others

    - Posting advertisements not sold by TWM
Additional Forum Rules
    -Please stay on topic

    - Use descriptive thread titles

    - Please Report any violations

    - Do not discuss private correspondence publicly (e-mail, etc) without permission from all parties involved.
Violators may be subject to warnings, suspensions, or banned from the Website at the discretion of TWM's administrators.

22.   Report Erroneous or Objectionable Content   If you see content you believe to be objectionable or have any questions about these Terms of Use, please contact TWM.

MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS

23.      If any portion of these Terms and Conditions is unenforceable for any reason, the remainder shall remain in full force and effect as much as possible.

24.   TWM may assign its rights in this Terms of Use agreement so long as the assignee undertakes to provide services substantially similar to the Web Sites. User may not assign his or her rights in this agreement.

25.    TWM's failure to enforce any provision or right of these Terms of Use will not constitute a waiver of future enforcement of that provision or right. The waiver of any such provision or right will be effective only if in writing and signed by a duly authorized representative of TWM.

26.   Unless otherwise specified herein, all notices to any User pursuant to this Agreement shall be posted to the URL for Terms and Conditions or at TWM's option may be emailed to the User. All notice to TWM may be to TeachWithMovies.com, Inc., 1717 Fourth Street, Third Floor, Santa Monica, CA 90401 or such other address as TWM may notify User. Notice to TWM Users shall be posted on this page or on the home page.

27.   The Website's Terms of Use, its DMCA Compliance notice and its Privacy Policy constitute the entire and exclusive understanding and agreement between TWM and its Users regarding the Website. The Website's Terms of Use, its DMCA Compliance notice and its Privacy Policy replace and supersede any and all prior oral or written understandings or agreements between TWM and User regarding the Website.

28.   The Website's Terms of Use, its DMCA Compliance notice and its Privacy Policy may be modified or amended only by TWM by posting the revised terms on the Website.

29.   Except to the extent applicable law may provide otherwise, 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 Website or to the use thereof will be in the courts of the State of California, Los Angeles County. Venue shall be in the West District (Santa Monica) of that Court.