Restrictions on Use of Site and Services
A. Age Appropriate.
You must be at least eighteen (18) years of age, be an emancipated minor, or, if over the age of 13, have the permission of your parent(s) or legal guardian(s), to register for certain features of the Site; submit any User Content (defined below) or personally-identifying information on or through the Site; participate in any online contests (unless otherwise noted in the contest rules); and/or place an order for merchandise on the Site and/or make a donation. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
B. Non-Commercial, Personal Use Only.
The Site may be used for bona fide personal, non-commercial purposes only. The Site provides an online information exchange service for use by MOMENTUM Instruction and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any content for commercial purposes or otherwise use the content in a manner that is inconsistent with these rules and regulations.
C. 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 Site, except as expressly permitted by these terms, the functionality of the Site, or, if applicable, by the respective content owner as indicated in any end user license agreement, if any, that accompanies such content, provided that you include without modification all copyright and other proprietary notices contained in the content.
D. You may not circumvent, disable or otherwise interfere with security- related features of the Services 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 Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
E. You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. blogs, discussion boards, comments, questions and answers) for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.
F. You may not use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives.
G. You may copy and download only the content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
H. You understand that when using the Site, you will be exposed to user-generated content (“User Content”) such as videos, photos, textual content or other materials or items submitted by you and other users, and that MOMENTUM Instruction is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Though MOMENTUM Instruction expects all users to adhere to our terms and content policies, you understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MOMENTUM Instruction and is affiliates with respect thereto, and agree to defend, indemnify and hold MOMENTUM Instruction and its affiliates, and/or licensors, and their respective trustees, directors and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Removal of Content
A. MOMENTUM Instruction does not permit the infringement of intellectual property rights, including copyright, on its Site, and MOMENTUM Instruction will remove Content (including User Content) if properly notified that such Content infringes on another’s intellectual property rights. MOMENTUM Instruction reserves the right to remove Content, including User Content without prior notice.
B. MOMENTUM Instruction reserves the right to change or discontinue temporarily or permanently any Content, or services available through the Site at any time without notice. MOMENTUM Instruction will not be liable to you or any third party for any modification or discontinuance of the services therein.
Conflicts
Some of the Content in the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on the 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 these Terms.
Copyright
All rights, including copyright and database right, in this Site and the Site’s content (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 MOMENTUM Instruction, or otherwise used by MOMENTUM Instruction as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to MOMENTUM Instruction by the user as set forth herein.
Links to Third Party Sites, Embedded Tools and Services
MOMENTUM Instruction Services contain links to Internet sites, applications and services maintained by third parties, over which MOMENTUM Instruction has no control. MOMENTUM Instruction does not endorse the content, operators, products or services of such sites, and MOMENTUM Instruction is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. You further acknowledge and agree that MOMENTUM Instruction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
In some cases, the Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. For instance, the Services include a tool that allows you to sign in using information from your account with a third party service. Please be aware that those third party services are unrelated to MOMENTUM Instruction and that your use of the third party services is subject to the terms and policies of those services.
User’s Obligation to Abide By Applicable Law.
In connection with the use of the Services, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The content available on or through the Services may include 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.
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 MOMENTUM Instruction may, in the course of their regular duties, have access to communications for technical or operational purposes. MOMENTUM Instruction may also disclose any communications to the extent permitted or required by law.
Ownership
All elements of the Site, including without limitation, software, text, graphics, logos, button icons, images, audio clips, streams, downloads, and data compilations, (but specifically excluding any Content you put on the Site), are as between you and MOMENTUM Instruction, the sole property of MOMENTUM Instruction or its licensors, and protected by United States and international law, including copyright law. All rights reserved. All other trademarks on the Site are the property of their respective owners. Except for content for which MOMENTUM Instruction gives explicit authorization, or as otherwise permitted under law, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way.
Content
Our content is written and delivered in a reader-friendly style and draws on the wealth of knowledge and expertise that exists within the education community, nationally and internationally. Contributors include teachers, school leaders, researchers, policymakers and representatives from peak education bodies and professional associations.