Terms of Service
“FindingEducation” is a social utility that is owned and operated by Dulcinea Media, Inc. (”Dulcinea Media”) on the World Wide Web of the Internet. “Subscriber” means each person who establishes or accesses a connection (an “Account”) for access to and use of findingEducation.
(A) This Agreement sets forth the terms and conditions that apply to use of findingEducation by Subscriber. By using findingEducation, Subscriber agrees to comply with all of the terms and conditions hereof. The right to use findingEducation is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for ensuring that all use of findingEducation by Subscriber complies fully with the provisions of this Agreement.
(B) Dulcinea Media shall have the right at any time to change or discontinue any aspect or feature of findingEducation, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of findingEducation and all charges related thereto.
4. Changed Terms
Dulcinea Media shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of findingEducation, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on findingEducation, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of findingEducation by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
5. Subscriber Conduct
(A) Subscriber shall use findingEducation for lawful purposes only. Subscriber shall not post or transmit through findingEducation any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Dulcinea Media’s express prior approval, contains advertising or any solicitation with respect to products or services. If you post material on findingEducation, post links on findingEducation, or otherwise make (or allow any third party to make) material available by means of the findingEducation (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, mail ware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- Your Content is not named in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content to findingEducation, you grant Dulcinea Media a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Dulcinea Media products. If you delete Content, Dulcinea Media will use reasonable efforts to remove it from the Web site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Dulcinea Media has the right (though not the obligation) to, in Dulcinea Media’s sole discretion (i) refuse or remove any content that, in Dulcinea Media’s reasonable opinion, violates any Dulcinea Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Dulcinea Media’s sole discretion. Dulcinea Media will have no obligation to provide a refund of any amounts previously paid. Subscriber shall not use findingEducation to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with findingEducation.
(B) Membership in findingEducation is void where prohibited. FindingEducation is intended solely for users who are thirteen (13) years of age or older, and users of findingEducation under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of this Agreement. By using findingEducation, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
In consideration of your use of findingEducation, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site (”Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Dulcinea Media, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
(C) Proprietary Rights in Site Content; Limited License
(A) FindingEducation contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of findingEducation are copyrighted as a collective work under the United States copyright laws. Dulcinea Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Dulcinea Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(B) The foregoing provisions of Section 5 are for the benefit of Dulcinea Media, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF FINDINGEDUCATION IS AT SUBSCRIBER’S SOLE RISK. NEITHER DULCINEA MEDIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FINDINGEDUCATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FINDINGEDUCATION, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FINDINGEDUCATION.
(B) FINDINGEDUCATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT DULCINEA MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL DULCINEA MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FINDINGEDUCATION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FINDINGEDUCATION. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FINDINGEDUCATION AND OTHER WEB SITES OWNED BY DULCINEA MEDIA.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER DULCINEA MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN FINDINGEDUCATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER DULCINEA MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Dulcinea Media shall have the right, but not the obligation, to monitor the content of findingEducation, including chat rooms, comment sections and forums, to determine compliance with this Agreement and any operating rules established by Dulcinea Media and to satisfy any law, regulation or authorized government request.
Subscriber agrees to defend, indemnify and hold harmless Dulcinea Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of findingEducation by Subscriber.
Either Dulcinea Media or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Dulcinea Media shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Dulcinea Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5, 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
FindingDulcinea is a pending trademark of Dulcinea Media, Inc. All rights reserved. All other trademarks appearing on findingEducation are the property of their respective owners.
This Agreement and any operating rules for findingEducation established by Dulcinea Media constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. The parties hereby submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York or, if jurisdiction in such court is lacking, the courts of the State of New York sitting in New York County (as well as all appropriate appellate courts), in connection with the adjudication of any controversy or claim arising from, out of or relating to, these Terms of Service or the breach hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.