Fab@School Maker Studio, Animation-ish and Get Published! WEBSITE PROPERTIES TERMS AND CONDITIONS
ATTENTION: These terms and conditions (“Conditions”) apply to the entire contents of this website under the domain names www.fabmakerstudio.com and www.fablevisionlearning.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you purchase any software from us. If you do not accept these terms, do not use this Website. This Website and all of its content, including but not limited to, all text and images are owned and copyrighted by FableVision Learning, LLC. (“FVL”).
You may access many areas of this Website
without registering your details with us.
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
FVL reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website with or without notice; limit the Website’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, content, submission, feature or product offered through the Website. Your continued use of the Site after such changes will indicate your acceptance of such changes. You should check this Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. LICENSE AND CONDITIONS
FVL grants you a limited license to access
and make use of the Website. As a condition of such license, you agree:
a) not to download or modify any part of the Website, except with the express and prior written consent of FVL;
b) not to download or copy any account information for the benefit of another merchant;
c) not to collect or make any use of any product listings, descriptions, or prices;
d) not to resell or make any commercial use of this Website or its contents;
e) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of FVL;
f) not to make any derivative use of this Website or its contents;
g) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FVL and its group companies without express written consent of FVL;
h) not to use any meta tags or any other “hidden text” utilizing the FVL name or trademarks without the express written consent of FVL; and
i) not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from FVL.
The copyright and other intellectual
property rights in all material on this Website (including without limitation
text, photographs and graphics) are owned by FVL or its licensors. If you
breach any of the terms in this legal notice, your permission to use this
Website automatically terminates. You are also advised that FVL will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution.
All trademarks of FVL indicated on the
Website are trademarks of FVL or its group companies in the United States and
other countries. Without the prior consent of FVL, you agree not to display or
use in any manner the FVL trademarks.
Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
While FVL attempts to ensure that this
Website is normally available 24 hours a day, FVL shall not be liable if for
any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of FVL.
4. VISITOR MATERIAL AND CONDUCT
Other than personally identifiable
transmit or post to this Website shall be considered non-confidential and
non-proprietary. FVL shall have no obligations with respect to such material. FVL
and its designees shall be free to copy, disclose, distribute, incorporate and
otherwise use such material and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licenses and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).
FVL shall fully co-operate with any law enforcement authorities or court order requesting or directing FVL to disclose the identity or locate anyone posting any material in breach of paragraph 4(b) or paragraph 4(c).
5. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this
Website are provided solely for your convenience. If you use these links, you
leave this Website. FVL has not reviewed all of these third party websites and
does not control and is not responsible for these websites or their content or
availability. FVL therefore does not endorse or make any representations about
them, or any material found there, or any results that may be obtained from
using them. If you decide to access any of the third party websites linked to
this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
a) you do not remove, distort or otherwise alter the size or appearance of the FVL logo;
b) you do not create a frame or any other browser or border environment around this Website;
c) you do not in any way imply that FVL is endorsing any products or services other than its own;
d) you do not misrepresent your relationship with FVL nor present any other false information about FVL;
e) you do not otherwise use any FVL trademarks displayed on this Website without express written permission from FVL;
f) you do not link from a website that is not owned by you; and
g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
h) FVL expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take any action it deems appropriate.
You shall fully indemnify FVL for any loss or damage suffered by FVL or any of its group companies for breach of paragraph 5(b).
While FVL attempts to ensure that the
information on this Website is correct, FVL does not warrant the accuracy and
completeness of the material on this Website. FVL may make changes to the
material on this Website, or to the products and prices described in it, at any
time without notice. The material on this Website may be out of date, and FVL
makes no commitment to update such material.
The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, FVL provides you with this Website on the basis that FVL excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
FVL, any other party (whether or not
involved in creating, producing, maintaining or delivering this Website), and
any of the FVL affiliated companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, special, punitive,
exemplary or consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort [including
without limitation negligence], contract or otherwise) in connection with this
Website in any way or in connection with the use, inability to use or the
results of use of this Website, any websites linked to this Website or the
material on such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
a) Governing Law and Jurisdiction. This
legal notice shall be governed by and construed in accordance with the laws of
the Commonwealth of Massachusetts. Any dispute arising out of or connected with
this legal notice shall be subject to the exclusive jurisdiction of the courts
of the Commonwealth of Massachusetts or of the U.S. District Court for Massachusetts.
b) Entire Agreement. The Conditions constitute the entire agreement between you and FVL and govern your use of the Website, superseding any prior agreements between you and FVL with respect to the Website. You will be subject to additional terms and conditions that will apply when you use or purchase FVL services and products.
c) Waiver and Severability of Terms. The failure of FVL to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.
d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Issue Date: January 5, 2016
Copyright © 2016 FableVision Learning, LLC. All Rights Reserved.
FableVision Learning LLC
FableVision Learning produces online programs for the use of students including Fab@School Maker Studio (https://www.fabmakerstudio.com), Animation-ish (https://animationish.com), Get Published! (https://www.fablevisionlearning.com/getpublished) and Words and Their Stories (www.wordsandtheirstories.com). Our websites are designed for teachers to create access and manage their students learning without risking the online security of the students.
FableVision Learning office postal address is:. P.O. Box 1242, Dedham, MA 02027. Our telephone number is: Toll Free: 1-800-828-0017. Our email address is email@example.com.
Our online software
Our online software programs are designed to provide school control over usage. The school administrator or teacher assigns students to classes by setting unique user names and passwords designed not a disclose identity and which are not accessible by the company. These usernames can be chosen by the school and designed to not identify the child. Student Email addresses are not required by the programs.
Student work can be saved and shared but only by the teacher. Any work saved to the program can only be accessed by technical personnel for appropriate reasons and these completed projects we can not be identified back to the student without the assistance of the school.
As a parent, you have the legal right to review and secure correction of personal information that we have obtained from your child under the age of 13. You also have the right to withdraw or limit your previous consent to our collection and use of the personal information of your child under the age of 13.
In order to exercise these rights, parents should contact us by email at: firstname.lastname@example.org We will not release any personal information of children under the age of 13 to persons claiming to be those children's parents without verification that the child's parent is requesting the information.
If we make any material change to this notice or the informational practices with regard to children that were in effect when your consent to the collection of your child's personal information was obtained, we will, as required by law, send you a new notice and request your consent.
We take seriously our obligation to safeguard the confidentiality, security and integrity of personal information collected from our customers, and have established and will maintain procedures that are designed for that purpose. Children and parents should be aware, however, that no system is completely secure from hackers, network failure and error, and we cannot guarantee the confidentiality, security and integrity of information maintained on our service.