Last Updated April 3, 2017
This Acceptable Use Policy applies to the Promethean websites located at www.prometheanworld.com and all associated websites that are linked to www.prometheanworld.com by Promethean, its subsidiaries, and affiliates including Promethean websites around the world (collectively, the “Site”). This Policy sets out the terms between you and us under which you may use our Site. This Acceptable Use Policy applies to all users of, and visitors to, our Site.
The Site contains links to the Promethean ClassFlow website www.classflow.com. The ClassFlow website is not subject to this Acceptable Use Policy, but instead is subject to a separate policy which can be found directly on the www.classflow.com website.
1. PROHIBITED USES
You may not use the Site:
1.1 for commercial/for-profit purposes without the express written permission of Promethean;
1.2 in a manner that in any way breaches any applicable local, national, or international law or regulation;
1.3 in a manner that in any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.4 in a manner that infringes or violates the intellectual property rights or any other rights of anyone else;
1.5 in a manner that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable or does not comply with our Content Standards (see below);
1.6 such that your purpose is to harm or attempt to harm minors or vulnerable adults in any way;
1.7 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
1.8 to knowingly transmit, send, or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
1.9 not to reproduce, duplicate, or copy any part of the Site without express prior written permission from Promethean.
1.10 to maintain the confidentiality of any applicable User ID(s) and passwords created within the Site.
2. CONTENT STANDARDS
2.1 If applicable, these content standards apply to any and all data or material which you contribute to the Site (“Submissions”) and to any interactive services associated with it.
2.2 You must comply with both the spirit as well as the letter of the following standards. The standards apply to each part of any contribution as well as to the whole contribution.
2.3 Submissions must:
(a) be accurate (where they state facts).
(b) be genuinely held (where they state opinions).
(c) comply with applicable law in the country from which they are posted.
2.4 Submissions must not:
(a) contain any material which is defamatory of any person or entity.
(b) contain any material which is obscene, offensive, hateful, or inflammatory.
(c) promote sexually explicit material.
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
(f) infringe any copyright, database right, or trademark of any other person.
(g) be likely to deceive any person.
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) promote any illegal activity.
(j) be threatening, abusive, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
(k) be likely to harass, upset, embarrass, alarm, or annoy any other person.
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) give the impression that they emanate from us, if this is not the case.
(n) advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3. TAKE DOWN, SUSPENSION, AND TERMINATION
3.1 You acknowledge that we do not pre-screen content that you post on the Site, but that we have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Site. If we determine, in our sole discretion, that you or another user have breached any part of this Acceptable Use Policy or that any Content is inappropriate or otherwise objectionable, we may refuse to accept, or we may remove, any Content from the Site without incurring any liability to you or a third party. If you object to the publication of any material placed on the Site, please follow the instructions for Notice and Take Down below.
3.2 Notice of Defamatory Content. If you believe that any Content on the Site is defamatory or breaches any term in this Acceptable Use Policy, please assist us by providing us with a written statement with the subject line “Notice of Defamatory Content.” The notice should include your name, mailing address, company name, and your title (if applicable). You should indicate on the notice exactly which words you consider to be defamatory or in breach of the Acceptable Use Policy, and you should copy and paste the address of the relevant Web page onto the Notice. Please state the reason(s) why you consider the words to be in breach of the Acceptable Use Policy or defamatory, and explain why that is the case. Where you believe the words to be defamatory, explain why the words complained about are untrue and what you believe to be the true position. Please send the notice by email to https://support.prometheanworld.com. We will use reasonable endeavours to remove any Content that we deem to be defamatory or in breach of the Acceptable Use Policy from our Site within a reasonable timeframe, and in any case, in accordance with any timeframes established in applicable law.
3.3 Digital Millennium Copyright Act (“DMCA”). In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that any content on the Site infringes your copyright, you should notify Promethean of your claim in accordance with the following procedures. The DMCA requires that the notification of claimed infringement (“Notice of Infringement”) be in writing, and such notification should be provided to Promethean by email to [email protected].
The information requested by the Notice of Infringement is designed to ensure that parties reporting claimed infringements are either rights owners or authorised by the rights owners, and to enable us to correctly identify the content to be removed. To be effective, the Notice of Infringement must contain the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) 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 the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the Notification 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.
Upon receipt of a proper Notice of Infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider/user who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider/user’s access to the Site.
If the content provider/user believes that the material that was removed or to which access was disabled is not infringing, or the content provider/user believes that the content provider/user has the right to post and use such material, the content provider/user has the right to send us a counter-notice containing the following information to [email protected]:
- an original or electronic signature of the content provider/user;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- a statement that the content provider/user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- content provider/user’s name, address, phone number, and if available, email address.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing them that we may replace the removed material or cease disabling it in 10 to 14 business days after receipt of the counter-notice at Promethean’s discretion.
3.4 Failure to comply with this Acceptable Use Policy may result in our taking all or any of the following actions:
(a) immediate, temporary, or permanent withdrawal of your right to use the Site.
(b) immediate, temporary, or permanent removal of any posting or material uploaded by you to the Site.
(c) issue of a warning to you.
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) further legal action against you.
(f) disclosure of such information to law enforcement or governmental authorities as we feel is reasonably necessary.
(g) disclosure of such information to your school/employer as we feel is reasonably appropriate.
3.5 We shall have no liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4.1 If we fail, at any time, to insist upon strict performance of any of your obligations under this Acceptable Use Policy or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this Acceptable Use Policy, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
4.2 A waiver by us of any default shall not constitute a waiver of any previous or subsequent default.
4.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated by us to you in writing.
5. CHANGES TO THIS ACCEPTABLE USE POLICY
5.1 Our Site is constantly changing to keep up with the needs of our users. With changes to our Site, we may also need to change the terms of this Acceptable Use Policy. If we make a material change to this Policy, we will endeavor to place a notification on the Site, or send you an email notification regarding such change(s).
5.2 If you do not agree to the revised terms of this Policy, you should no longer use the Site. If you use the Site in any way after a change to the terms is effective, you are agreeing to the revised terms.
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