Terms of Use Agreement

General Information

By visiting and using the My Teacher My Hero (“MTMH”) website (including all content, information and functionality available through the MyTeacherMyHero.com domain name, herein after referred to as “Website”), you agree to be individually and collectively bound by the following terms and conditions of use (“Terms of Use”) and the MTMH privacy policy (“Privacy Policy”), available at http://myteachermyhero.com/legal/ and incorporated herein by reference. Please do not visit or use the Website if you do not agree to be bound by these Terms of Use or Privacy Policy. If you breach any of these Terms of Use, your authorization to use the Website automatically terminates, and you must immediately destroy any downloaded or printed materials.

The provider of the Website reserves the right to change these Terms of Use without notice. Your use of the Website is subject to the most current version of the Terms of Use posted on the Website at the time of such use. The provider of the Website will attempt to notify users whenever it modifies or revises the Website; however, the provider recommends that Website users review the most up-to-date version of the Terms of Use and Privacy Policy periodically at http://myteachermyhero.com/legal/. This Terms of Use applies to the Website and does not apply to the content of third parties.

Privacy and Protection of Personal Information

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

Use of Site/Copyright Notice

The provider of the Website owns or licenses all materials on the Website (”Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark and/or other laws. You may view and download the Materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited.

Eligibility

You warrant and represent that you are either 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and are capable of entering into the terms, conditions, obligations, affirmations, representations and warranties as set forth in the Terms of Use and Privacy Policy. If you are not 18 years of age or older, you warrant and represent that you are over the age of 13. The Website is not intended for use by persons under the age of 13. Please do not use the Website if you are under 13 years of age.

User Contributed Content

You acknowledge and agree that you alone are responsible for any and all text, graphics, videos, images, music, sounds, and any other content that you publish, upload, display or transmit on or through the Website (collectively “Content”). You shall not publish, upload, display or transmit any Content that you did not create and that you do not have permission to publish, upload, display or transmit. You acknowledge and agree that the provider of the Website, in its sole discretion, may, but is not otherwise obligated to, review the Content posted on the Website and may delete or remove any Content, for any reason or for no reason, which it finds to violate the Terms of Use, or which might be deemed offensive, illegal or that may harm, violate the rights of, or threaten the safety of, others. You alone are responsible for creating back up copies of and replacing any Content that you post on the Website or otherwise provide to the provider of the Website.

By publishing, uploading, displaying or transmitting Content to the Website, you permit and direct the Website provider to create such copies of your Content as may be deemed necessary in order to facilitate the posting and storage of Content to the Website. By publishing, uploading, displaying or transmitting Content to the Website, you grant, and warrant and represent that you are capable of granting, to the provider of the Website an unlimited, transferable, irrevocable, exclusive, fully paid and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit for any purpose, commercial, advertising or otherwise, any Content posted by you on the Website. You may remove any Content posted by you on the Website at any time. If you remove the Content posted by you on the Website, the above-granted license will expire immediately; however, you acknowledge and agree that the provider of the Website may preserve any and all archived copies of your Content. The provider of the Website does not claim any ownership rights in your Content; you preserve full ownership rights over any and all Content posted by you on the Website and any intellectual property rights or any other proprietary interests associated with your Content, subject to any and all rights granted to the Website provider pursuant to the Terms of Use.

User Code of Conduct

You acknowledge and agree that the Website is made available to you for your personal and non-commercial use only. You warrant and represent that the information submitted, posted, transmitted or shared by you on or through the Website shall not include any libelous, defamatory or otherwise unlawful material; or violate or infringe upon the rights of any third-party, including but not limited to any and all copyright, trademark, privacy, publicity or other personal or proprietary rights.

Additionally, you warrant and represent that you will not visit or use the Website to:

publish, upload, display or transmit or otherwise make available any content that the Website provider deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
use automated scripts to collect information from or otherwise interact with the Website;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
publish, upload, display or transmit or otherwise make publicly available on the Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
publish, upload, display or transmit or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
obtain email addresses or other contact information of other any individual from the Website for the purposes of sending unsolicited emails or other unsolicited communications;
solicit personal information from anyone under 18 or solicit personally identifying information for commercial or unlawful purposes;
publish, upload, display or transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
publish, upload, display or transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass any individual;
use or attempt to use another's service or system without authorization from the Website provider, or create a false identity on the Website; or
publish, upload, display or transmit or otherwise make available content that, in the sole judgment of the Website provider, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Website provider or its users to any harm or liability of any type.

Links to Other Websites

Links to other websites are provided solely as a convenience to you. The Website provider does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to from the Website, you do so entirely at your own risk.

Hyperlinks from the Website

The Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as text, graphics, videos, images, music, sounds and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Website provider does not investigate, monitor or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness or appropriateness. The Website is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate the Website provider’s approval or endorsement thereof. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Disclaimers and Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE FUNCTIONS OF THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, THE WEBSITE PROVIDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
      (A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;
      (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
      (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND
      (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE FUNCTIONS OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AGREEMENT.

THE WEBSITE PROVIDER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE PROVIDER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
      (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
      (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
           (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE;
           (II) ANY CHANGES WHICH THE WEBSITE PROVIDER MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
           (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE; OR
           (IV) YOUR FAILURE TO PROVIDE THE WEBSITE PROVIDER WITH ACCURATE INFORMATION.

THE LIMITATIONS ON THE WEBSITE PROVIDER’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

NOTHING IN THE TERMS OF USE SHALL EXCLUDE OR LIMIT THE WEBSITE PROVIDER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Applicable Laws

You acknowledge and agree that the Terms of Use shall be governed by the laws of the State of New York and consent to jurisdiction in New York without regard to any conflict of law or choice of law principles with respect to any claim or dispute between you and the Website provider. You acknowledge and agree that any claim or dispute between you and the Website provider that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York.

The Website provider makes no representation that Materials, products or functions on the Website are available outside of the United States. You may not use, export or re-export the Materials, products or functions on the Website in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.

Indemnification

You further agree to indemnify, defend and hold harmless the Website provider and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Site. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Your obligation to defend and indemnify the Website provider survives the terms of the Terms of Use and your use of the Website.

Digital Millennium Copyright Act

Any copyright owner or its agent that believes that any Content or other material on the Website infringes upon your copyright(s) may give notice, in writing, under the Digital Millennium Copyright Act (“DMCA”) to the Website provider’s authorized agent, listed below. The notice to the Website provider shall contain the following information:

A physical or electronic signature of the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
Identification of the copyrighted work claimed to have been infringed, or, a representative list of such works at a single online site;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit the Website provider to locate the material;
Your contact information, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Written submissions of alleged infringements of alleged infringements may be sent to the Website provider’s designated Copyright Agent, Jeremy Johnson, 30 East 23rd Street 12th Floor, New York, NY, 10010. You acknowledge and agree that your notice may not be valid if you fail comply with all of the above-listed requirements.

Entire Agreement

The Terms of Use and Privacy Policy shall constitute the entire agreement between you and the Website provider related to the Website. The various provisions of Terms of Use and Privacy Policy are separate and independent, and should any term be declared invalid or unenforceable by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.

Privacy Policy

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect

This notice applies to all information collected or submitted on the MyTeacherMyHero.com website. On some pages, you are prompted for information.

The types of personal information collected at these pages include:

Information you provide - When you sign up to receive information from the Website program or other services or promotions that may require registration, we may ask you for personal information (such as your name, address, email address, telephone number, etc.).
Log information - When you use the functions provided through the Website, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications - When you send email or other communication to the Website provider, we may retain those communications in order to process your inquiries, respond to your requests and improve our Website.
Affiliated sites - We may offer some of our functions of our Website in connection with other websites. Personal information that you provide to those sites may be sent to the Website provider in order to deliver the function. We will process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
Links – The Website may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search functions, customized content and advertising.

The Way We Use Information

Any of the information we collect from you may be used in one of the following ways:

Providing the functions of our Website to users;
Research and analysis in order to maintain, protect and improve our Website;
Ensuring the technical functioning of our network; and
Developing new functions of our Website.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Website from those we actually know are under 13, and no part of our Website is structured to attract anyone under 13.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our Website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Data Integrity

We process personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our Website. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and Updating Personal Information

When you use the functions provided on the Website, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of the functions on our Website have different procedures to access, correct or delete users' personal information.

Enforcement

The Website provider regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or the provider’s treatment of personal information by contacting us through this Website or by writing to Jeremy Johnson, 30 East 23rd Street, 12th Floor, New York, NY 10010. When we receive formal written complaints at this address, it is the provider’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between the provider and an individual.

Changes to Our Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain functions, email notification of Policy changes). The Website provider recommends that you periodically review this Privacy Policy for any updates and/or changes. Please be aware that any and all rights that the provider has to use your personal information will come from the Privacy Policy in effect at the time you information is submitted.

If we decide to change our privacy policy, we will update the Privacy Policy modification date at the bottom of this page.

Your Consent

By using our site, you consent to our privacy policy.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please email media@MyTeacherMyHero.com.

Effective September 1st, 2009