Effective Date July 1, 2014

This website is owned and operated by i>clicker (“i>clicker”). Throughout the site, the terms “i>clicker” “we,” “us” and “our” refer to i>clicker.

 

General Provisions

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE AND ANY CONTENT YOU MAY ACCESS THROUGH, OR CONTRIBUTE TO, THIS SITE. PLEASE READ IT CAREFULLY.

i>clicker offers this website, including any media product (as defined below), tools, functionality, and/or other features and services available through this site, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (the “Terms of Use” or “Agreement”). Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

 

 Purpose of this Site

This site is operated for the purpose of providing information on i>clicker products and/or services offered by us. Additionally, this site provides an online exchange for instructors and instructional technologists using i>clicker and other individuals looking to enhance their experience using, or supporting the use of, classroom response technology. Via this site, visitors may access content provided by i>clicker or by other users of the site, and upload their own content, subject to these Terms of Use.

 

Personal Registration for Member Services

Certain of portions of our website permit you to browse, access and use content, features and/or functionality without registration. You are required to register, however, to access certain functionality, such as the ability to upload or download materials, to save resources to your library, to comment, to “like” content, to select content as a favorite, or to subscribe to e-mail notifications (“Member Services”). The first time you attempt to access a Member Services account, you will be prompted to register. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You may not transfer your account to another party. If you transfer or attempt to transfer your rights to another person, the rights granted hereunder will automatically terminate. You agree to immediately notify i>clicker of any unauthorized use of your password or account or any other breach of security. i>clicker will not be liable for any loss or damage arising from your failure to comply with this section.

Registration and access to Member Services is currently without charge. Visitors with a .edu address will receive access immediately; non-.edu addresses will undergo a verification process to ensure security of the site. Your access to the Subscription Service is thereafter terminable at will by you or by i>clicker.

Upon termination of your account, (i) you will have no further rights in or access to this site (including any User Content you may have uploaded to the site), (ii) i>clicker may delete any User Content (as defined below) you have submitted, and (iii) i>clicker will have no further rights in any User Content, except that we may continue to store back-up copies of User Content.

 

Information and Functionality on the Site

The material that appears on this site is for informational purposes only. Any reliance on the material on this site is at your own risk. This site will contain information provided by other users of the site. i>clicker will not verify the accuracy of any information submitted by users, and the opinions and views expressed by users are not those of i>clicker and are not endorsed by us. i>clicker does not make any representation or warranty regarding rights in materials submitted by users. In the course of using this site, users may provide information about themselves to other users. You understand that i>clicker does not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about him/herself.

We reserve the right to modify, add or remove content, features and/or functionality available through the site in our sole discretion. However, in the case of Member Services, we will not remove any user-provided content associated with a user’s account until termination of the account, unless we believe such content violates these Terms of Use.

 

Your use of this Site

As a condition to your continued use of the website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use.

 

Use of Materials From This Site

This site and its contents, including but not limited to any Subscription Service available through the site (if applicable, and all other tools, software, files, graphics and data (the “Materials”) are the property of and owned by i>clicker or its licensors (including other users of the this site) and are protected by copyright, trademark and other laws of the United States and other countries.

Materials from “Resources” Section of This Site: With respect to resources (including but not limited to “Clicker Questions,” “Case Studies,” “White Papers,” and “Webinars”) uploaded to and hosted on this site under the Resources section (http://iclicker.com/talk-clickers/resources), you are granted, where it is not otherwise specified, a Creative Commons Attribution-Non-Commercial 3.0 Unported license (“CC-BY-NC 3.0”). Therefore, you are free to copy, distribute, transmit, and adapt the work under the restrictions specified by CC-BY-NC 3.0, including, without limitation, the following: 1. You must attribute the work in the manner specified by the author or licensor (but not in a way that suggests the author endorses you or your use of the work); 2. You may not use this work for commercial purposes.

We do not purport to grant any rights to content that is linked or embedded on this site where that content is not hosted directly on this site.

All Other Materials on this Site: i>clicker grants you a personal, revocable, non-exclusive and non-transferable right to access and display the Materials for your own personal, non-commercial use. You may not access this site through a single account on more than one computer or computer system concurrently. Multiple use configurations and network distribution of this site or any content or features on the site are expressly prohibited. You may not modify or delete any copyright, trademark or other proprietary notice that appears on any Materials on this site. You may also create and save bookmarks. Except with respect to materials from the “Resources” section of this Site, as set forth in the preceding paragraph, and resources on this site that are copyrighted in the name of i>clicker or one of its affiliates, i>clicker does not purport to grant any rights to materials appearing on this site, including material submitted by any user of the site, and does not make any representation or warranty of any kind concerning rights in any such materials.

You agree that you will not make any use of the Materials except as expressly permitted by these Terms of Use, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any part of the Materials. Without limiting the generality of the foregoing, you agree not to use the Material for any commercial purpose, which includes, without limitation, (i) selling access to the Member Services or Materials on the site, (ii) including any Materials in any website, widget or printed material to which access is sold, or (iii) using the Materials or Member Services on the site for the purpose of earning revenue through subscriptions or advertisements. For information on where to request permission to reproduce or distribute materials copyrighted in the name of i>clicker or any of its affiliates, click here. Requests for permission to reproduce or distribute materials accessed through this site which ARE NOT copyrighted in the name of a division of i>clicker (other than those materials in the “Resources Section” of this site, as provided in the preceding paragraph) must be addressed directly to the copyright holder; we will not respond to such requests.

 

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. i>clicker does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this site any content that violates any of the Usage Rules, below.

Material Uploaded to “Resources” Section of this Site: When you upload any material to the “Resources” section of this site, you grant i>clicker, its affiliates, and other users of this site a CC-BY-NC 3.0 (Creative Commons) license.

All Other Material You Submit: Whenever you submit materials through this site (other than to the “Resources” section, you grant i>clicker, its affiliates, and each user of the site a nonexclusive license to access any materials you submit through the site (including content and annotations) in accordance with the terms of this Agreement and to use, reproduce, publish, distribute, display and perform such materials, in accordance with the grant of rights to users set forth above in the section entitled Use of the Materials From This Site.

All Other Materials on This Site. You grant i>clicker and its affiliates the right to use the name or e-mail address you submit in connection with such content, if they so choose.

With respect to ALL materials you submit through this site (“User Content”):

  1. You represent and warrant that: you own or otherwise control all necessary rights to grant the rights you grant hereunder; that the User Content is accurate; that you have not violated the section entitled “Usage Rules”, below, and that, if you submit video content through this site, you have written consent or permission of each identifiable individual in such content to use his/her name and likeness and grant the rights you grant in these Terms of Use.
  2. You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
  3. You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the site without any prior notice to you.

 

Usage Rules

In connection with your use of this Site, you agree:

  • Not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit or create a link to any material that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to grant the rights in such materials you grant under the section entitled “Material You Submit”, above;
  • Not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;
  • Not to make any personal attack on any person, firm or company;
  • Not to submit or create any link to material, or otherwise use this site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;
  • Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous positions, qualifications, or affiliations;
    Not to submit any material that you do not have the legal right to disclose;
  • Not to submit or create any link to any material that is intentionally false or misleading, or is potentially damaging or harmful;
  • Not to advertise or engage in any form of marketing on this site or use user information obtained through this site for marketing or other commercial purposes, or use this site to post or transmit “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
  • Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;
  • Not to stalk or harass anyone;
  • Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this site, or that would damage, compromise the security of, or disrupt this site or any connected network;
  • Not to use this site to collect personal information about individuals;
  • Not to post or make available private information of any third party;
  • Not to use this site as a forwarding service to another website;
  • Not to allow usage by others in such a way as to violate these Terms of Use.

 

Accuracy, Completeness and Timeliness of Information on the Site 

We are not responsible if information we make available on this site is not accurate, complete or current.  The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.  This site may also contain information provided by third parties, and opinions and views of third parties.  We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of i>clicker, and are not endorsed by us.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

 

Trademarks and Copyrights

This site features trademarks, service marks and logos that are the property of i>clicker and its affiliates and/or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright laws of the United States and other countries.

 

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

i>clicker
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: General Counsel
e-mail: Copyrightagent@macmillanusa.com

 

Please include all of the following in your notification:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site;
  4. your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Monitoring and Termination; Repeat Infringers

We may, but are not obligated to, monitor any or all activity and/or content on this site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content or terminating accounts. Without limiting the foregoing, it is our policy to terminate the account of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights. Nothing in this section in any way limits our right to terminate accounts, as provided in the section entitled “Personal Registration for Member Services”, above.

 

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. I>CLICKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I>CLICKER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. I>CLICKER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER I>CLICKER NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

UNDER NO CIRCUMSTANCES WILL I>CLICKER OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify, defend and hold harmless i>clicker, its affiliates and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from (i) any violation of these Terms of Use, (ii) any claim that you have violated any third-party right or that any material submitted by you caused harm or damage to a third party. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from that disruption.

 

Links

This Web site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

 

Jurisdiction

i>clicker is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. By using this site, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this site. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

 

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and i>clicker with respect to use of the Web site and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

How to Contact Us

If you have any questions or comments about these Terms of Use or want to report a violation of these Terms of Use, please click here or write to us at:

i>clicker
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department