TabletWise.com
 

Library Terms of Service

Introduction

  1. TabletTree, Inc. and its affiliates (hereinafter, "TabletWise") operates this website (hereinafter, "Site") and the services related to or offered on the Site (hereinafter, the "Service" or “Services”). TabletWise's Services may include, without limitation, tools, applications, email services, bulletin boards, message boards, chat areas, news groups, forums, communities, calendars, downloadable mobile applications, video streaming services, audio streaming services, downloadable content, and online, or offline classes related to the Site or provided through the Site. These Terms of Service (“TOS”) govern your use of Services that are provided by the Site.
  2. Site offers an open platform for teachers, educators and creators to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works ("Class", "Classes", “Resource”, "Resources", or "Content"). Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. Site may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” Site at no time owns or sells Resources for or on behalf of our Sellers.
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  4. The TOS is applicable to the users who access Site or Services as an authorized library patron. For non-library patrons, please check our general terms of service available at https://www.tabletwise.com/info/terms.
  5. Please read this agreement carefully before accessing or using the Site or Services. Each time you access or use the Site or Services, you agree to be bound by this TOS. If you do not agree to be bound by all of these TOS, you may not access or use the Site or Services. In addition, certain areas of the Site or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas.
  6. We may, at our sole discretion, modify the TOS at any time. We will notify you of changes by posting an announcement on the Services or sending you an email or by updating this page. By accessing the Services at any time after such modifications, you are agreeing to be bound by the updated Policy. This TOS was last modified on April 24, 2020.

Copyright, Licenses, and User Content

  1. Services offered on the Site, in their entirety, are protected by trademark laws, international copyright, and other proprietary rights. The owners of the trademarks and copyrights are Site, its affiliates, and/or other third party licensors including but not limited to class or content creators. YOU MAY NOT COPY, REPRODUCE, MODIFY, REPUBLISH, UPLOAD, POST, DISTRIBUTE, OR TRANSMIT, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING VIDEO CONTENT, TEXT (INCLUDING PDF OR OTHERWISE), GRAPHICS, AUDIO CONTENT, CODE AND/OR SOFTWARE. You may print portions of the material from the different areas of the Services solely for your own non-commercial use. You cannot change or delete any copyright or proprietary notices from the materials. You cannot share any materials that you paid for with anyone else who has not purchased a license for that material.
  2. You must be an authorized library patron to access, use, and connect to the Site to borrow and access Service. If you are an authorized library patron, you may use the Service for your own, personal, non-commercial use only (“Allowed Use”) only, TabletWise grants you a non-assignable, non-transferable, limited license to access the Content in digital form through the Service and for your personal, noncommercial, entertainment use. The Content may be made accessible to you in accordance with the limitations established by your library.
  3. You may not copy or gather any data or content on or related to the Services in a manner not authorized by the Site in writing. YOU CANNOT USE ANY ROBOTS, SPIDERS, DATA MINING, EXTRACTION TOOLS, MANUAL PROCESSES, DATA GATHERING TOOLS, SCREEN SCRAPING, DATABASE SCRAPING, TO COLLECT DATA OR CONTENT, LIST OF USERS, PORTIONS OF DATABASE, OR ANY OTHER INFORMATION FROM THE SITE.
  4. You may not use any framing techniques to enclose any logo, trademarks, or other proprietary information (including images, text, page layout or form) of the Site or its affiliates without express written consent. You may not use any other “hidden text” or meta tags that utilize the Site name or trademarks without the express written consent of the Site.
  5. Content submitted by users on the Service (including, without limitation, any information submitted on message boards, forums, questions, answers, reviews, or other public areas of the Service) is sometimes referred to in these TOS as “User Content.” All User Content is subject to these TOS, whether or not published on the Site. User Content does not include class or other content offered for sale or as free downloads on the Site.
  6. Site does not guarantee any confidentiality with respect to User Content. You are solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Content, including the right to authorize the Site to use the User Content in the manner contemplated by the Service and this TOS.
  7. You hereby grant to the Site a royalty-free, non-exclusive, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any User Content or any other materials or information you communicate to the Site by all means and in any media now known or hereafter developed. This includes, without limitation, ideas for new or improved products or services that may or may not be offered by the Site.
  8. Site neither endorses nor assumes any liability for the contents of any User Content. We generally do not monitor, pre-screen, or edit User Content. However, we and our agents have the right at their sole discretion to remove any User Content or other content that, in our judgment, does not comply with these TOS, does not comply with any other rules of user conduct for the Service or is otherwise inaccurate, objectionable, or harmful. Site is not responsible for any delay or failure in removing any User Content or other content. You hereby consent to such removal at the Site’s discretion and waive any claim against us arising out of such removal of any User Content, whether it is your own or of another user’s.
  9. Site does not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). You must provide a written communication to the attention of “DMCA Infringement Notification Department” sent to support@tabletwise.com. Your communication should set forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Account Terms

The following terms apply to all users including your use of the Service:

  1. You are human and are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site.
  2. Accounts registered by automated methods or “bots” are not permitted.
  3. You agree to be responsible for maintaining the security of your account and password. Any actions taken by your account will be deemed to be taken by you. Site will not be liable for any loss or damage from your failure to comply with this obligation.
  4. You are solely responsible for the substance of your communications through Site.
  5. You will not impersonate any other person or entity, including any of Site employees or Site representatives.
  6. You will use Site only for lawful purposes. You agree to not use the Site in any way that will infringe upon the rights of any other user or their use.
  7. Your use of the Site is subject to all applicable laws and regulations.
  8. You will not upload any proprietary, trademarked, or copyrighted materials on Site without the expressed permission of the owner.
  9. You will not post any content on the Site that infringes on any trademark, patent, copyright, trade secret, intellectual property, the right of publicity, or other proprietary rights of any party.
  10. You will not engage in any unauthorized solicitation, junk or bulk email (also known as “spamming”), unsolicited advertising or similar behavior, chain letters, or any form of gambling or lottery.
  11. You will not partake in any behavior that is abusive, threatening, tortious, unlawful, constitutes harassment, be construed as defamation or deception, be libelous, fraudulent, or invasive of anyone else’s privacy. This includes any behavior that harasses, degrades, victimizes, or intimidates an individual (or group of people) on the basis of race, gender, religion, sexual orientation, ethnicity, age, and or disability.
  12. You may not partake in any behavior that contains explicit or graphic descriptions or accounts of sexual acts. This includes sexual language, violent or vulgar language, the language of a threatening nature that is directed at another individual or group of individuals.
  13. You will not share any computer code, files, programs, or software viruses that are designed or intended to disrupt, damage, or limit the functioning of Site. This includes but is not limited to any software, hardware, or telecommunications equipment. This also includes unauthorized access to any data or other information of any Site user or a third party.
  14. Users who violate systems or network security may be held liable for criminal or civil liabilities or penalties.
  15. You will not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service.
  16. You shall not interfere with anyone else’s use of the Service.
  17. You will not copy any Class materials or other Content for purposes of offering your own or others’ classes or content.
  18. Participation in a Class or using any Content from the Site is at your sole risk. Site does not supervise classes or Content and is not involved in any way with the actions of any individuals at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes. We request that you exercise good judgment and caution when participating in classes or using any content.
  19. You acknowledge and agree that by participating as a student you may be exposed to a variety of risks and hazards. These may or may not be foreseen. These may include (without limitation) property damage, personal injury, and death.
  20. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SITE AND EACH OF THE OTHER SITE PARTIES FROM ANY DAMAGES OR CLAIMS OF ANY KIND OR NATURE, UNKNOWN OR KNOWN, UNSUSPECTED OR SUSPECTED, UNDISCLOSED OR DISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
  21. You waive California Civil Code Section 1542 (If applicable), which states, in relevant part: “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.”

Privacy

Site privacy policy with respect to the collection and use of your personally identifiable information is set forth on Site and Service. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR LIBRARY PRIVACY POLICY.

Language

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Disclaimer of Warranties

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SITE, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

NEITHER SITE NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE OR COURSE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SITE OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES.

IN NO EVENT SHALL WE OR ANY OTHER SITE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE, NOR ANY OTHER SITE PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Site Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these TOS or any of the other documents, or other negligent or wrongful conduct. Site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Jurisdictional Issues

We make no representation or warranty that the Content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Site reserves the right, at any time at our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such services or products that we provide.

Termination

You agree that Site, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any Content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

Governing Law

These TOS and the relationship between you and the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Site irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Alameda, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Waiver and Severability

The failure of Site to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

Successors and Assigns

We may perform any of our obligations or exercise any of our rights under this TOS through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Site or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOS. You may not assign your rights or obligations under this TOS, by operation of law or otherwise, without our prior written consent.

Updates

We may modify these TOS at any time, as we deem appropriate. If you disagree with the changes to the TOS, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TOS. It is your responsibility to review the TOS regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TOS.

Miscellaneous

  1. Any cause of claim or action you may have must be commenced within one (1) year after the claim or cause of action arises. Else, such claim or cause of action is barred.
  2. You and Site agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Site are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  3. These TOS, together with the Privacy Policy and the other Governing Documents, constitutes the entire agreement between you and Site concerning the Service and the services provided by Site. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Site’s failure to insist upon or enforce strict performance of any provision of these TOS or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these TOS. Site may assign its rights and duties under these TOS or any of the other Governing Documents to any party at any time without notice to you.
  4. Most communication between Site and you will be sent and received electronically. You agree that all electronic communication between Site and you shall satisfy any legal requirement that such communications be in writing.

Any rights of Site not expressly granted herein are reserved.

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