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Terms Of Use

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These Terms of Use apply to the web site of atetv.org (the “Site”). atetv.org may be referred to as “Advanced Technological Education Television,” “ATETV.org,” “us” or “we.” Users (“user” or “you”) who visit the Site may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site.

Your Acceptance of these Terms of Use

By using this Site, you signify your acceptance of our Terms of Use. If you do not agree to these Terms of Use, please do not use our Site. We reserve the right, at our discretion, to change, modify, add or remove portions from these Terms of Use at any time. These Terms of Use are subject to change without prior notice. For that reason, we encourage you to review these Terms of Use periodically and to make note of the date of the most recent revision. Your continued use of our Site following the posting of changes to these Terms of Use means you accept these changes. In the event that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use the Site.

Use of any materials, documents, media or other information or resources listed on or available via the Site may be subject to additional terms and conditions defined by third-party entities or individuals, including but not limited to educational institutions, organizations, businesses, potential employers, social media networks and software or technology providers (“Source(s)”) as stipulated on or in connection with such materials, documents, media or other information or resources, which you accept by your use of the Site.

If you are dissatisfied with any of the contents of the Site or do not agree with these terms and conditions, with Advanced Technological Education Television’s Privacy Policy or any other policies of the Site, your sole remedy is to discontinue your use of the Site.

License and Site Access

Advanced Technological Education Television grants you a non-exclusive right and license to access and use the Site for noncommercial, educational purposes, to review, print or download the materials provided on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Advanced Technological Education Television. Any unauthorized use shall immediately terminate the licenses and rights granted by Advanced Technological Education Television and any Sources hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Advanced Technological Education Television, its subsidiaries, affiliates, Sources and other contributors or its or their respective materials, products or services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Advanced Technological Education Television’s, Source’s, subsidiary’s, affiliate’s or other contributor’s logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Advanced Technological Education Television, the subsidiary, affiliate, Source or other contributor (as applicable).

Advanced Technological Education Television does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Advanced Technological Education Television’s control.

Copyrights and Tradmarks

All content, graphics, photographs, format, design, the user interface and other copyrighted material on the Site (collectively, “materials”) are protected by copyright law and other intellectual property laws, and are owned by Advanced Technological Education Television, Sources and/or licensors (as the case may be). The materials from the Site are only available for informational, educational and non-commercial use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Advanced Technological Education Television has, in its sole discretion, given its prior written approval to such use of the Site’s materials. In the event you print, download or otherwise use any materials available on or through the Site, you agree to provide credit to ATETV.org as follows: “[Materials] courtesy of Advanced Technological Education Television and ATETV.org. © 2010, The Association for Interactive Media Education. All rights reserved.” Any requests to re-use the Site’s materials should be sent to: info@atetv.org or 8816 Manchester Road #228, St. Louis, MO 63144.

Advanced Technological Education Television, www.atetv.org, logos and other indicia are trademarks of The Association for Interactive Media Education. Any other product names, marks, symbols, trade names, company names and/or logos which appear on or through the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Advanced Technological Education Television trademarks, are protected by U.S. law, including but not limited to its laws on trademark and unfair competition, and may also be protected by the laws in other countries. No marks may be used in any manner except as expressly set forth herein unless approved in advance, in writing the applicable mark owner.

User Registration

Certain areas of ATETV.org may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of ATETV.org. You agree that ATETV.org may use the information you provide to us according to our Privacy Policy.

Content

The Site enables you to review, print and download a variety of materials that are informative, instructional and inspiring related to high-technology fields and academics, and provides forums and other media designed to promote interaction between users. Advanced Technological Education Television uses reasonable efforts to ensure the availability of the information and content that it makes available through the Site. However, Advanced Technological Education Television is not liable or responsible for content supplied by third parties or for actions you might take in reliance on that content.

Content Submission

By contributing or submitting any content to the Site, including but not limited to videos, articles, photos, logos, graphics or text, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant Advanced Technological Education Television, its affiliates and related entities a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, archive, store, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, whether now known or hereafter developed, and you also grant the right to Advanced Technological Education Television to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. Without limiting the generality of the previous sentence, you authorize ATETV.org to include the information you provide in a searchable format that may be accessed by users of ATETV.org and other ATETV.org web sites. You also grant ATETV.org and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant ATETV.org the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. In addition, you warrant that any and all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Advanced Technological Education Television, its agents, subsidiaries, affiliates, Sources or other contributors and their respective directors, officers, employees, agents and representatives. Advanced Technological Education Television reserves the right to change, condense or delete any content on the Site that Advanced Technological Education Television deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. ATETV.org is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ATETV.org.

Other Specifics About Interactive Areas (Discussion Groups, Comments, Etc.)

ATETV.org bulletin boards, forums and other such interactive areas are provided to give users a forum to express their opinions and share their ideas and information. Given the nature of ATETV.org and the volume of messages and postings, ATETV.org cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. ATETV.org reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Posting Rules

Interactive areas, discussion boards, chat rooms, etc., are intended to encourage idea sharing and stimulate discussions. But by using these areas of ATETV.org, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by ATETV.org in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our Web site. When using ATETV.org, you agree not to post material:

  • that is known by you to be false, inaccurate, deceptive or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
  • that is or may reasonably be considered to be, vulgar, profane, defamatory, disparaging, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that uploads or transmits viruses or other harmful, disruptive or destructive files programs or files; or
  • that disrupts, interferes with, or otherwise harms or violates the security of ATETV.org or any services, system resources, accounts, passwords, servers or networks connected to or accessible through ATETV.org or affiliated or linked sites.

In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify Advanced Technological Education Television (among others) for the content you submit as set forth in the Indemnity section, below.

You agree that you will not use any device, software or routine to bypass our robot exclusion headers or to interfere or attempt to interfere with the proper working of the Site or any transactions being conducted or information being conveyed through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Advanced Technological Education Television’s computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without Advanced Technological Education Television’s prior written consent.

Third-Party Content

ATETV.org is a distributor with regard to content supplied by third-party suppliers and Users, therefore, ATETV.org has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and Users are those of the respective author(s) or distributor(s) and not of ATETV.org.

Communications with Third Parties Through ATETV.org

Your dealings or communications through ATETV.org with any party other than ATETV.org are solely between you and that third party. For example, certain areas of ATETV.org may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will ATETV.org be liable for any goods, services, resources or content available through such third party dealings or communications or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Links to Other Sites, Entities or Individuals

Advanced Technological Education Television may provide links to the sites of third-party Sources, businesses, entities, individuals or other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Advanced Technological Education Television of the content of such third-party sites nor of the business practices of such other businesses, entities, individuals or other parties. Advanced Technological Education Television is not responsible for examining or evaluating, and does not in any way warrant or claim responsibility for, the products, services, offerings, business practices of or materials provided by any of these businesses, entities, individuals or other parties or the content of their Web sites. You should carefully review their privacy statements and other conditions of use.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A SOURCE OR OTHER PARTY LISTED ON OR AVAILBLE THROUGH THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ADVANCED TECHNOLOGICAL EDUCATION TELEVISION, ITS SUBSIDIARIES, AFFILIATES, SOURCES, CONTRIBUTORS OR OTHER THIRD PARTIES UNDER CONTRACT WITH OR AFFILIATED WITH ADVANCED TECHNOLOGICAL EDUCATION TELEVISION, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED BY ADVANCED TECHNOLOGICAL EDUCATION TELEVISION ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED TECHNOLOGICAL EDUCATION TELEVISION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, SERVICES OR OFFERS OF EMPLOYMENT INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED TECHNOLOGICAL EDUCATION TELEVISION SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. ADVANCED TECHNOLOGICAL EDUCATION TELEVISION DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ADVANCED TECHNOLOGICAL EDUCATION TELEVISION’S CONTROL.

ADVANCED TECHNOLOGICAL EDUCATION TELEVISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. ADVANCED TECHNOLOGICAL EDUCATION TELEVISION MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY AVAILABLE ON OR THROUGH THE SITE, REGARDLESS OF ITS SOURCE, THAT SUCH CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM ADVANCED TECHNOLOGICAL EDUCATION TELEVISION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT BY ADVANCED TECHNOLOGICAL EDUCATION TELEVISION OF ANY PRODUCT, CONTRIBUTOR, SOURCE, SERVICE, OR ANY REVIEWS OR COMMENTS THEREOF REGARDLESS OF THE SOURCE OF SUCH REVIEW OR COMMENT. ADVANCED TECHNOLOGICAL EDUCATION TELEVISION ASSUMES NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN ITS SEARCH RESULTS, EDITORIAL CONTENT OR OTHER CONTENT ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED TECHNOLOGICAL EDUCATION TELEVISION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Advanced Technological Education Television, its subsidiaries, affiliates, Sources, contributors, and other parties with which Advanced Technological Education Television is under contract or affiliated, and their respective officers, directors, employees and agents free and harmless from and against any and all claims, actions and demands, including, but not limited to, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use, Privacy Policy, and/or resulting from any and all content you submit to Advanced Technological Education Television and/or the Site. Advanced Technological Education Television shall provide notice to you of any such claim, suit or proceeding.

Copyright Infringement

Advanced Technological Education Television disclaims any responsibility for the content of any third-party materials provided through or on its Site or other services (“Third-Party Content”). Advanced Technological Education Television will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act (“DMCA”), which may include Advanced Technological Education Television removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Advanced Technological Education Television regarding matters other than informing Advanced Technological Education Television that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.

Written notification must be submitted by email to Advanced Technological Education Television’s Designated Agent at info@atetv.org.

Infringement Notification

To be effective, your infringement notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single notification, a representative list of such works at that Web site;
  3. Identification of the material (i.e., the Third Party Content) 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 Advanced Technological Education Television to locate the material;
  4. Information reasonably sufficient to permit Advanced Technological Education Television to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
  6. A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  1. Advanced Technological Education Television shall remove or disable access to the Third Party Content that is alleged to be infringing;
  2. Advanced Technological Education Television shall forward the written notification to the alleged infringer (the “Subscriber”);
  3. Advanced Technological Education Television shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to Advanced Technological Education Television’s Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Subscriber;
  2. 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 access to it was disabled;
  3. A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
  4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which Advanced Technological Education Television may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Advanced Technological Education Television will comply with this requirement within a reasonable time (or as otherwise required by law), provided Advanced Technological Education Television’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Advanced Technological Education Television’s network or system.

International Users

ATETV.org is controlled, operated and administered by ATETV.org from its offices within the United States. ATETV.org makes no representation that materials or Content available through ATETV.org are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use ATETV.org or export the Content in violation of U.S. export laws and regulations. If you access ATETV.org from a location outside the United States, you are responsible for compliance with all local laws.

General

These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and these Terms of Use, these Terms of Use shall control. This Terms of Use have been made in and shall be construed and enforced in accordance with Missouri law, without regard to principles of conflicts or choice of law. Any action to enforce this agreement shall be brought in the federal or state courts located in St. Louis County, St. Louis, Missouri, USA, and shall be conducted in English. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of ATETV.org to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. You agree that these Terms of Use and Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by Advanced Technological Education Television, in our sole discretion, to a third party. You may not assign your obligations to any other entity or individual. In the event of termination of these Terms of Use for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of content, the license(s) you have granted to ATETV.org, and all other provisions for which survival is equitable or appropriate.

Privacy Policy

Please review Advanced Technological Education Television’s Privacy Policy, which is incorporated herein by reference.

Service Contact

Contact webmaster@atetv.org with questions or problems with this Site.

© 2010, The Association for Interactive Media Education. All rights reserved.

Last Modified September 18, 2009

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