TERMS OF USE

 Schoolyard Films, Inc.

Please read the following Terms and Conditions carefully before using this site.

If you do not agree to these Terms, please do not use the Site.

Schoolyard Films, Inc. is an online educational service offering media resources appropriate for K-12 curriculum, for use in lessons or independent study (the "Service"). This Schoolyard Films, Inc. owns this site (including all services, functionality, and content available through the schoolyardfilms.org domain name, collectively, the "Site"). The terms and conditions (the “Terms”) set forth herein apply to all information, online communications, services, text, video, audio files, graphics, still images, links, or other material and content that is or becomes available on the Site or is otherwise offered for the Service (collectively, "Content"). By accessing or using the Site, you specifically agree to abide by these terms and conditions and any modifications thereto. If you do not agree to these Terms, please do not use the Site.

A. Restrictions on Use of Site and Content

1. Non-commercial, Educational Use Only.

This Site and the Content therein may be used for bona fide non-commercial educational purposes only. You may not use this Content in a defamatory or derogatory manner. In addition, you may not use this Content for or in any commercial or for-profit manner without the prior written consent of Schoolyard Films, Inc. For clarity, this means the Content may not be used in any commercial tie-in (i.e. use of the content in connection with marketing merchandise or services and/or in connection with premiums or promotions, or use of the Site or Content in order to gain advertising or subscription revenue), you may not charge anyone for this content (e.g. charge for access to the Site or Content from another site), you may not incorporate this content into a product that you sell for profit (e.g. selling ads on another site targeted to the Site or Content), you may not use the content to advertise or promote a product, nor may you use the content in any other manner that may be construed as an endorsement, express or implied, of any party, product, or other entity.

  1. You may not remove, copy, alter, reproduce, modify, create derivative works of, republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license, or commercially exploit, in whole or in part, the Content or this Site, except as expressly permitted by these Terms or by the respective content owner as indicated in any end user license agreement that accompanies such Content. Schoolyard Films, Inc. reserves all rights not expressly granted in and to the Site and the Content.

  2. You may not circumvent, disable or otherwise interfere with security- related features of the Site or features that prevent or restrict use or copying of any Content. You further agree not to reverse engineer or jeopardize the correct functioning of the Website or attempt to gain access to secured portions of the Site to which you do not possess access rights.

  3. You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. comments, questions and answers) for any commercial solicitation purposes.

  4. You may not use the Site to generate unsolicited email advertisements or spam, or to conduct or promote any illegal activity.

B. Permitted Uses of Content

  1. Content on the Site is made available to Site users under non-commercial, educational permitted uses only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

  2. Ancillary Materials: The Content may include certain ancillary educational materials, such as lesson plans, student activity sheets, and other printouts. ("Ancillary Materials"). You may modify, alter, and revise the Ancillary Materials to meet specific instructional needs, provided that the following statement is prominently displayed on all such revised Ancillary Materials, in addition to any other proprietary notices, and with the understanding that Schoolyard Films, Inc. or any other indicated copyright holder shall continue to own the Ancillary Materials: "Revised with the permission of Schoolyard Films, Inc. (or other copyright holder indicated on the page). Schoolyard Films, Inc. (or other indicated copyright holder) is not responsible for the content or accuracy of the revision."

  3.  Attribution and Citations: In the event of any permitted copying, redistribution or publication of copyrighted material, you must keep intact all proprietary and copyright notices on the Content, and shall include proper attribution for all Content used in any presentation or derivative work you create with the Content. Watermarks, title names, and producer information within video content may not be changed, edited, removed or obstructed. Unless otherwise noted on the Content, reference to Schoolyard Films, Inc. as the source of the Content is required for all Content including video clips, video stills, images, and lesson plans.

C. Conflicts.

Some of the Content on the Site is made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on this Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of this agreement.

  1. Copyright. All rights, including copyright and database right, in this Site and its contents (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and ancillary materials, are owned by or licensed to Schoolyard Films, Inc., or otherwise used by Schoolyard Films, Inc. as permitted by applicable law or agreement.

  2. Trademarks. Unless otherwise noted, all trademarks, service marks, and trade names are proprietary to Schoolyard Films, Inc. Nothing contained herein shall be construed as conferring to you any license or right under any trademark or patent of Schoolyard Films, Inc.

  3. Users' Obligation to Abide By Applicable Law. In connection with the use of the Site, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Content and materials available on the Site includes intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

  1. Disclosure of Online Communications. You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Schoolyard Films, Inc. may, in the course of their regular duties, have access to communications required by law.

  2. Rogue Programming and Viruses. Schoolyard Films, Inc. is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming ("Rogue Programming") that may be contained in any of the Content, material or software contained on the Site. Schoolyard Films, Inc. has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.

  3. Disclaimer of Warranties. The Site, the Content and other material on the Site are provided on an "As Is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Schoolyard Films, Inc. does not warrant that any Content is complete or accurate, that the Site will be uninterrupted or error free, or that any Content or material is free of Rogue Programming.

     

  1. Limitation of Damages. Under no circumstance, including negligence, shall Schoolyard Films, Inc. be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on Content available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of Content, disclosure of communications, or any other failure of performance or matter arising from as it relates to the above.

  2. Release and Indemnity. Though Schoolyard Films, Inc. expects all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. Your use the Site is at your own risk. You agree that Schoolyard Films, Inc. is not and shall not be liable for content that is provided by others. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not. You hereby release and waive any and all claims and/or liability against Schoolyard Films, Inc. arising from or in connection with your use of the Site, the Content and/or any other material on the Site. You also agree to defend, indemnify, and hold harmless Schoolyard Films, Inc. from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site, the Content and/or any other material on the Site or failure to abide by applicable law. You agree that the use of the Site is adequate consideration for the Release and Indemnity herein.

  3. Modifications. These Terms and the Content may be revised, amended, or supplemented by Schoolyard Films, Inc. without notice at any time for any reason. Continuing to use the Site after a change has been made will signify your acceptance of the changes. You should refer back to this page for future updates.

  4. Privacy Policy. The Site's visitors' Privacy Policy provides additional terms and conditions that apply to your use of our Site. If you do not agree to the conditions therein, please do not use the Site.

  5. Other. These Terms will be governed by and interpreted in the English language pursuant to the laws of the State of Florida, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from this agreement and shall not effect the validity and enforceability of any remaining provisions.

  6. This Agreement shall not be construed against the party who drafted the same.

  7. This Agreement is binding on the user, its successors, and/or assigns.

    Copyright 2009 Schoolyard Films, Inc.

    Schoolyard Films, Inc. - North Palm Beach, Florida