Welcome to Jabberites.com, we are delighted you have chosen to build a profile on our site and produce concept casts using our casting tool. We look forward to see your casting ideas, hooking in to the real world and creating collages to share with friends, teachers and family.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.
CHILDREN, PARENTS AND TEACHERS PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") IN THEIR ENTIRETY BEFORE ACCESSING THIS SITE OR DOWNLOADING OR UPLOADING ANY MATERIAL. WHEN YOU USE THIS WEBSITE, DOWNLOAD OR UPLOAD ANY MATERIAL, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
1. You must be at least 13 years or older to use this site.
2. You are responsible for any activity that occurs under your profile name.
3. You are responsible for maintaining the confidentiality of your log in and password, and are fully responsible for all activities that occur under your account.
4. Eduplosive™ Inc., does not retain liability or responsibility for such use.
5. You must not abuse, harass, threaten, impersonate or intimidate other Jabberites.com members.
6. You may not use the Eduplosive™ Inc., service for any illegal or unauthorized purpose.
7. All users agree to comply with all local laws regarding online conduct and acceptable content.
8. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on Eduplosive™ Inc., sites.
9. You must not modify, adapt or hack into Eduplosive™ Inc., sites or modify another website so as to falsely imply that it is associated with Eduplosive™ Inc., without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of Eduplosive™ Inc., sites or any other systems or networks connected to the Eduplosive™ Inc., sites by hacking or any other illegitimate means.
10. You must not create or submit unwanted messages to any Jabberites.com members ("Spam").
11. You must not transmit any worms or viruses or any code that could be an annoyance, harmful or destructive in nature.
12. You must not use Conceptcasts.com or Jabberites.com to violate any laws in your jurisdiction (including but not limited to copyright laws).
DESCRIPTION OF SERVICES
The Eduplosive™ Inc., Service provides an interactive presentation tool allowing users to create picture collage and place links on the pictures to provide meaning and detail to the images. The collages are shared with other users, who can interact with the collages, they can also be shared with other internet service providers. The service combines creativity and education, providing educational collages and fun collages to the users, and providing users with tools to create their own.
Eduplosive™ Inc., employees also produce concept collages on news items to share with users of Jabberites.com and Conceptcasts.com
NO WARRANTIES/LIMITATIONS OF LIABILITY
The information and materials on Eduplosive™ Inc., websites are intended for educational, noncommercial use. Use this website at your own risk. This site is provided "as is", without warranty of any kind, either express or implied, including, but not limited to, warranties or merchantability, fitness for a particular purpose, title or non-infringement. Eduplosive™ Inc., makes no warranty that any content contained on this site satisfies any applicable government law, regulation or requirement. Specifically, we furnish the information available on this site without responsibility for accuracy and you agree that errors contained in such information
shall not be made the basis for any claim, demand or cause of action against Eduplosive™ Inc., Although we believe the informational and material provided on our site is reliable, its accuracy is neither warranted nor guaranteed.
Conceptcasts.com and Jabberites.com also include facts, views, opinions and recommendations of individuals and organizations deemed of interest. We cannot and therefore do not guarantee or check the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL EDUPLOSIVE™ Inc., BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS WEBSITE (OR INABILITY TO USE IT), OR ON ANY OTHER HYPER-LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLELAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
PERMITTED AND PROHIBITED USES
Eduplosive™ Inc., provides a service that enables students to create profiles on Jabberite.com, create Concept Casts™ collages, follow and respond to collage cast news feeds, complete activities and interact with friends using comments and Concept Casts™. You understand that all information, data, text, photos, videos or any other content (“Content”), whether publicly posted or privately transmitted, are your sole responsibility. This means that you, and not Eduplosive™ Inc., conceptcasts.com or Jabberites.com are entirely responsible for all Content that you contribute to Jabberites.com and that the Conceptcasts.com. Eduplosive™ Inc., company employees do not control the content you post other than to occasionally monitor the content you have uploaded to ensure that it does not violate these Terms.
Please be reminded that any Content you submit or upload on Conceptcasts.com and/or Jabberites.com will be accessible by other users of Jabberites.com. As such, please be sure that any such information is information that you are comfortable sharing.
You agree not to use Jabberites.com:
1. To submit or upload any Content that unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethically or otherwise objectionable;
2. To solicit personal information from any member;
3. To upload any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
4. For any purpose that intentionally or unintentionally violates any applicable local, state, national or international law or is prohibited by these terms and conditions;
5. In any manner that could damage, disable, overburden or impair the site or interfere with any other party's use and enjoyment of the website.
You acknowledge that Eduplosive™ Inc., may or may not pre-screen Content, but that Eduplosive™ Inc., have the right, but not the obligation to pre-screen, refuse or remove any Content that has been uploaded by you that violates these Terms or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
All Content produced and uploaded by the Eduplosive™ Inc., team on to the Jabberites.com website and Conceptcasts.com is the property of Eduplosive™ Inc., and are protected by the United States and international copyright law and trademark law.
Content uploaded by teachers, students and other users of Jabberties.com and Conceptcasts.com, are the property of the individual. By using Conceptcasts.com and Jabberites.com, even as permitted hereunder, you do not gain any ownership interest in the website.
CONCEPT-CASTS INC., INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Eduplosive™ Inc., owns all right, title and interest in and to the Services, including all intellectual property rights (the "Eduplosive™ Inc., Rights"). Eduplosive™ Inc., Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. As described immediately below, Eduplosive™ Inc., Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services.
YOUR INTELLECTUAL PROPERTY RIGHTS
Eduplosive™ Inc., claims no ownership or control over any Content submitted, posted or displayed by you on or through Eduplosive™ Inc., Services on Conceptcasts.com or Jabberites.com services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Eduplosive™ Inc., services and you are responsible for protecting those rights, as appropriate.
By submitting, posting or displaying Content on or through Eduplosive™ Inc., services which are intended to be available to the members of the public, you grant Eduplosive™ Inc., a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Eduplosive™ Inc., services for the purpose of displaying and distributing Eduplosive™ Inc., services. Eduplosive™ Inc., furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Eduplosive™ Inc., does not claim ownership of the Content you upload. However, with respect to any Content you submit or upload for inclusion on publicly accessible areas of Conceptcasts.com or Jabberites.com, you grant Eduplosive™ Inc., a worldwide, royalty-free, non-exclusive license throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone or together or as part of any material of any kind or nature to use, distribute, reproduce, modify, adapt, perform and publicly.
LIABILITY FOR SUBMITTED OR UPLOADED CONTENT
In no event shall Eduplosive™ Inc., assume or have any responsibility or liability for any Content submitted or uploaded to Conceptcasts.com or Jabberites.com or for any claims, damages or losses resulting from their use and/or appearance on this site. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information contained in such Content and that such Content shall not infringe any proprietary or other rights if third parties or contain any libelous, tortuous or otherwise unlawful information.
THIRD PARTY SITES
Conceptcasts.com and Jabberites.com may link you to other web sites on the Internet. These other web sites are not under the control of Eduplosive™ Inc., and you acknowledge that Eduplosive™ Inc., is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Eduplosive™ Inc., or any association with its operators.
By using Conceptcasts.com and/or Jabberites.com to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Eduplosive™ Inc., for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at firstname.lastname@example.org and we will investigate the link and take appropriate action.
You agree to defend, indemnify and hold Eduplosive™ Inc., its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of Conceptcasts.com and Jabberites.com, your uploading of any content, or uploading of Content in a manner that violates or is alleged to violate these Terms. Eduplosive™ Inc., shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
TERMINATION OF PRIVILEGES
Eduplosive™ Inc., reserves the right to terminate your privilege of using all or any portion of this site if you breach any of these Terms. Eduplosive™ Inc., receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violated another party's rights of privacy or publicity, Eduplosive™ Inc., may terminate your access to Conceptcasts.com and Jabberites.com, including all your privileges or accounts that you may have established in connection with this site