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Terms of Service

 

This Web site is owned and operated by Paideia Times, LLC .: YOUR ACCESS AND USE OF THE WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE ("TERMS OF USE") AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESES TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS THIS WEB SITE.

 

Permitted Use and Limited License: This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 13. Additionally, if you are 18 or younger, you are not authorized to submit any content or information to this Website without the explicit consent of your parent or legal guardian.

 

Subject to these Terms of Use and any applicable fees and charges, Paideia Times hereby grants you a non-exclusive, non-transferable, limited right to access and use the Web site for your personal, non-commercial use, on one computer only, to view content made available to you by Paideia Times. This Web site and all of the information it contains, such as, but not limited to, articles, reviews, directories, opinions, other text, guides, photographs, illustrations, images, advertising copy, html coding and other computer programs and software (including source and object code) as well as the trademarks, logos, domain names, and any and all copyrightable material and/or any other form of intellectual property (collectively, the "Content") are owned by Paideia Times or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. You do not acquire any right, title or interest in such Content by virtue of accessing this Web site or making use of the permitted uses allowed under these Terms of Use.

 

You may use the Content online and solely for your personal, non-commercial use, and, only where expressly permitted on the Web site, you may download or print a copy of a portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in or on such Content.

 

Please direct any requests to use Content for any purpose other than as expressly permitted in these Terms of Use to editor@paideiatimes.com. If you do not receive a response to any such request you should assume that the request has been denied. In certain cases, you may be able to obtain a license to use individual stories that appear on this Web site through online functionality we have specifically designated (for example, you may be permitted to "e-mail a story to a friend" or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself.

 

Unauthorized Use or Access: You may not resell, distribute, sublicense, rent or otherwise transfer the Content available on this Web site. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration. Unless otherwise expressly authorized in these Terms of Use or on the Web site, you may not modify, frame, reproduce, sell, publish, perform, cache, frame, transmit, reuse, repost and/or display any portion of the Content. Further, you may not display or link the Content with or near any content that may be considered offensive, obscene, defamatory, illegal or otherwise objectionable to Paideia Times and you agree not to use the Content for any unlawful purposes or in violation of any party's rights. Except as expressly and unambiguously set forth in these Terms of Use, nothing contained on the Web site should be construed as granting, directly or indirectly, any license or right to use any Content displayed on the Web Site in any manner without the prior written consent of Paideia Times or such third party that may own the Content displayed on the Web Site. Any unauthorized use of any of the Content is strictly prohibited. Without limiting the foregoing, you agree that you will not use this Web site directly or indirectly for the purpose of (i) violating any law; (ii) posting material that is profane, vulgar, defamatory, abusive, obscene, threatening, hateful or that is false or misleading; (iii) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files; or (iv) using or attempting to obtain or use another's information, account, or password in any manner.

 

In addition, you may not: (a) use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Web site; (b) take any action to interfere with the Web site or any other user's use of the Web site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Web site; (c) send unsolicited e-mail, including promotions and/or advertising of products or services, through the Web site or forge or mask your true identity in any e-mail or posting; (d) frame portions of the Web site within another website; or (e) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web site, nor insert any code or product or manipulate the Content in any way that affects any user's experience.

 

Subscriber Comments: You may be given the opportunity to comment in public forums located on the Website. All information and content provided by you will be displayed publicly. We are not liable or responsible to you in any way for the use of any information and/or content that you may post to such comment forums. Any user failing to comply with these Terms of Use may be expelled from and refused continued access to, the message boards, chat rooms or other public forums in the future. We may edit, remove or alter any user-created content at any time for any reason. Message boards, chat rooms and other public forums are intended to serve as discussion centers for users of the Website. Information and content posted within these public forums may be provided by our staff, outside contributors, or by users not connected with us. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstance will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of us or any of our subsidiaries or affiliates.

 

Digital Millennium Copyright Act ("DMCA") Notice: We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Web site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

 

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

 

Notice of Infringement of Your Rights: If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

 

* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

* a description of the copyrighted work or other intellectual property that you claim has been infringed;

* a description of where the material that you claim is infringing is located on the Website;

* your address, telephone number, and email address;

* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

* a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Our designated agent for notice of claims of copyright infringement can be reached as follows:

 

By E-Mail: editor@paideiatimes.com ~ Subject line: DMCA

 

Accurate Information: You may be permitted to or asked to submit information to the Web site. You expressly represent to Paideia Times that you have the authority to provide Paideia Times with such information for the purposes intended and that all such information shall be accurate.

 

Links: For the convenience of users of this Web site, one or more links to other internet websites may appear from time to time. Except as otherwise indicated, the internet websites to which links are provided in this Web site are not under the control of Paideia Times. Paideia Times assumes no responsibility for the contents of any linked internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this Web site and any other internet website is not and shall not be understood to be an endorsement by Paideia Times of the owner or proprietor of the linked internet website, nor an endorsement of Paideia Times by the owner or proprietor of such linked website. If any errors or inappropriate material are found on web sites to which this Web site is linked, Paideia Times requests that you report such to Paideia Times.

 

If you link to this Web site, we require that you follow these guidelines. Under no circumstances may you "frame" this Web site or alter its intellectual property or Content in any way. The link to this Web site must not damage, dilute or tarnish the goodwill associated with any trademarks or other intellectual property of Paideia Times or its licensors, nor may the link create the impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with Paideia Times. You agree that you will not link to the Web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Paideia Times reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with the Web Site and/or these Terms of Use. Paideia Times is not responsible for the content or performance of any portion of the internet including other World Wide Web sites to which this Web site may be linked or from which this Web site may be accessed.

 

Registration for Electronic Subscriptions: All subscription or membership fees and any other charges incurred will be billed to you (and you agree to pay for the same) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the beginning of your subscription or membership or any renewal (or as soon thereafter as fees or charges are incurred) and are nonrefundable. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of fees for the renewal term to your credit card. You are responsible for all fees and charges incurred to access Paideia Times.com through an Internet service provider or other third party service.

 

Security: Should you elect to purchase a subscription online or engage in other ecommerce through the Web site, you may choose to provide credit card information. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without incident, we cannot guarantee the security on the Internet and we cannot take responsibility for the success or of transactions processed by third parties.

 

Submissions and Unsolicited Materials: Please note that it is a policy of Paideia Times not to accept or consider unsolicited articles, photos, proposal, ideas or other materials of any kind. Paideia Times will, and you license Paideia Times and agree that Paideia Times may: (i) consider any and all materials, including without limitation proposals, ideas, concepts, drafts, articles, photos or finished work product submitted through this Web site or otherwise submitted ("Submissions") not to be confidential or proprietary; (ii) to be freely available for use of any kind, including use in advertisements and promotions and in Paideia Times, without recognition, compensation or payment of any kind and (iii) modify, alter, display, store, distribute, publish, post, reproduce, disclose, transmit, and/or broadcast Submissions in any form, media, software or technology of any kind now known or developed in the future for any purposes.

 

Privacy: For further information about how we use information collected from you, please view our Privacy Policy.

 

Disclaimer: While Paideia Times makes reasonable efforts to provide accurate information and Content through this Web site, Paideia Times cannot guarantee accuracy. All information and Content is used by each user at their own risk. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS". EXCEPT AS SPECIFICALLY SET FORTH HEREIN, Paideia Times MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, Paideia Times DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. Paideia Times DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL Paideia Times BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Paideia Times's LIABILITY FOR ANY DIRECT DAMAGES EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME Of THE ABOVE MAY NOT APPLY TO YOU.

 

Indemnification: You agree to defend, hold harmless and indemnify Paideia Times and its business partners and affiliates, and each of them, against and from any and all third party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney's fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) any claim based upon your ultimate use of the Content or services available on this Web site in any unauthorized manner and (iii) any content or materials submitted by you.

 

Changes: All information posted on the Web site is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Web site after such changes conclusively demonstrates your acceptance of those changes.

 

Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

 

Waiver; Remedies: The failure of Paideia Times to partially or fully exercise any rights or the waiver of Paideia Times of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Paideia Times or be deemed a waiver by Paideia Times of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Paideia Times under these Terms of Use and any other applicable agreement between you and Paideia Times shall be cumulative, and the exercise of any such right or remedy shall not limit Paideia Times's right to exercise any other right or remedy.

 

Governing Law and General Terms: The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN KINGS COUNTY, NEW YORK. To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former Web site user, whether through class action proceedings or otherwise. By using this Web site, you agree to be bound by these Term of Use, and to the extent that any or all terms of these Terms of Use are inconsistent with any agreement you may have previously entered into and/or signed with Paideia Times, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail. You agree that any cause of action arising out of or related to this Web site must commence within one (1) year after the cause of action arose or it is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply to you.

 

Contact Us: Should you have any questions regarding these Terms of Use you may contact us at editor@paideiatimes.com or address below.

 

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