USE OF THE RESOURCES
The Websites, Applications, and the information, data, and content made available on the Websites or Applications (“Content”) are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms, Press4Kids grants Licensee a non-exclusive, non-sublicensable, non-transferable, revocable, limited license, during the Subscription Period, to access the RESOURCES for the sole purpose of using the RESOURCES for your (or your Students’ or School’s) educational, non-commercial purposes.
The rights granted to you in the Terms are subject to the following restrictions: (i) you shall not sub-license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the RESOURCES; (ii) you shall not use any techniques to enclose any trademark or logo on the RESOURCES; (iii) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the RESOURCES; (iv) you shall not remove or destroy any copyright notices or other proprietary markings contained in the RESOURCES. Press4Kids, its licensors, suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the RESOURCES terminates the licenses granted by Press4Kids pursuant to the Terms.
To access and use the RESOURCES, you may be required to register with Press4Kids. If you register, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and restrict or refuse any and all current or future use of any Site or any portion thereof.
You also agree to promptly notify Press4Kids of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the RESOURCES. You will be responsible for maintaining the confidentiality of your password and for all activities that occur under your username and password.
You also agree that Usernames may not be shared within anyone outside the registered classroom and/or family. They may only be used by the administrator, educator, or student to whom they are assigned. Users remain at all times solely and fully responsible for the proper use of Usernames issued hereunder.
Users also agree to supervise and take full responsibility for the registration and use of the RESOURCES by minors under the age of 18 years.
Press4Kids does not require any Personal Identifiable Information (PII) for the students. Only a unique username / password created by the educator is required. Students' usage data are collected by Press4Kids in order to run or improve the RESOURCES.
Press4Kids uses and maintains security protocols that meet industry best practices in the storage, transfer or transmission of data, including ensuring that data may only be viewed or accessed by parties legally allowed to.
Press4Kids shall delete all data obtained within 60 days of the date of termination of the service agreement.
CONTENT OF THE APPLICATION
The entire content of this application including illustrations, photographs, articles, design, software, graphics, logos and icons, buttons, audios, and videos, except the elements provided by our users (Ask Russ and Draw It), is fully owned by Press4Kids, Inc. and/or its affiliates and/or content suppliers and are protected by worldwide design, trademark, copyright, and other intellectual property laws. Content of this application should not be copied. Content rights are not transferred to users and/or subscribers.
By providing content to our application (Ask Russ and Draw It), it is intended that this is your own original work and that you own all the required rights and that you grant Press4Kids these rights.
Except with respect to student data (see student data section below), by providing any type of content to Press4Kids, including through the Ask Russ and Draw It features (User Contribution), it is intended that this is your own original work. Any User Contribution you provide to the RESOURCE will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant Press4Kids the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Press4Kids, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Press4Kids is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the RESOURCES.
DISCLAIMER OF WARRANTIES
The application, including all content and functionalities associated with it, is provided “as is” and “as available” with all faults and without warranty of any kind. Press4Kids does not guarantee the accuracy, timeliness, completeness, performance, or fitness for a particular purpose of the application. Press4Kids does not guarantee that your use of the application will be uninterrupted and/or error-free. Without limiting to the foregoing, Press4Kids disclaims all responsibility or liability as to (i) the content, (ii) errors or omissions in the application, (iii) any failure or interruption in the availability of the application, and (iv) any losses or damages arising from the use of the application whether direct, indirect, consequential, or otherwise.
All trademarks, trade names, and service marks in the application are proprietary to Press4Kids and/or respective owners. No use of any of these elements can be made without the written consent of Press4Kids and/or respective owners.
Press4Kids reserves the right to update the Applications and Hosting Services and provide maintenance releases related to the Applications and Hosting Services. All updates and maintenance releases that are deployed shall be deemed subject to all applicable terms and conditions in the Agreement. Licensee does not have any right hereunder to receive any new versions of the Applications that Press4Kids may, in its sole discretion, release from time to time.
LINKS FROM THE WEBSITE
The “newsomatic.org” website may contain informational and promotional content and links to other sites and resources provided by third parties, the links to which are provided for your convenience only. Although Press4Kids makes reasonable efforts to curate the Content it makes available on the website, Press4Kids is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL PRESS4KIDS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE RESOURCES, EVEN IF PRESS4KIDS OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF PRESS4KIDS AND ITS AFFILIATES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRESS4KIDS FOR THE RESOURCES.
You agree to indemnify and hold harmless Press4Kids, its affiliates, subcontractors, and other partners, and each of their respective officers, agents, partners, and employees, from any losses, costs, expenses (including reasonable attorneys’ fees), liabilities, claims, or demands, due to or arising out of your use of the RESOURCES, your breach or alleged breach of this Agreement, your violation or alleged violation of any rights of another, or any Content that you post or otherwise submit on, through, or in connection with the RESOURCES.
In Texas, this indemnification clause shall be considered to the extent permitted by the Constitution and Laws of the State of Texas.
This Agreement remains in full force and effect while you access or use the RESOURCES. If you create an account, you may terminate your account at any time, for any reason, by contacting us at firstname.lastname@example.org. If you have materially breached any provision of the Terms, or if Press4Kids is required to do so by law, Press4Kids may terminate or suspend your account and/or your access to or use of the RESOURCES. Upon any such suspension or termination, your right to access and use the RESOURCES will immediately cease, and Press4Kids may immediately deactivate or delete your account and all files and other information associated with it, and/or bar any further access to such files and other information. Press4Kids shall not be liable to you or any third party for any suspension or termination of your Account or of access to or use of the RESOURCES or any such files or other information, and shall not be required to make such files and other information available to you after any such suspension or termination.