ThanksForTeaching.Us Terms of UseLast Updated: September 10, 2011Welcome to the ThanksForTeaching.Us online innovation site. The ThanksForTeaching.Us web site, and the pages, features, forums, widgets, buttons, web properties, tools and services available on this web site (collectively, the "Web Site"), is brought to you by TBD Futures, LLC, a New York limited liability company ("we," "our" or "us"). The purpose of the Site is to provide a forum for the free sharing of stories about great teachers with the goal of forming a collection memories concerning outstanding educators as well as recognizing the positive teachers have on the world.We own and operate this Web Site and make information, tools, forums and services available through this Web Site subject to the following Terms of Use, which constitute a legally binding agreement (this "Agreement"). By accessing or using the Web Site, you indicate your acknowledgement and acceptance of all terms and provisions of this Agreement without limitation or qualification. You have our permission to use the Web Site if you are a resident of the United States (including any of its territorial possessions) or Canada of at least eighteen (18) years of age and comply fully with all of the terms and provisions presented in this Agreement. You also represent that you have the capacity to be bound by the Agreement. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THE WEB SITE.1. Terms of Use, Privacy Policy.Your access and use of this Web Site is also subject to and governed by the current version of our Privacy Policy, which is posted on the Web Site and is included in this Agreement. By accessing and using the Web Site, you agree that you have read and understand, and agree to be bound by, the Privacy Policy.We may at any time, and at our sole discretion, update or change the Agreement without notice. Any changes to the Agreement will be effective immediately upon the posting of the updated Agreement on the Web Site. Therefore, please visit the "Terms of Use" and "Privacy Policy" areas each time you visit the Web Site, and please inspect the "Last Updated" date at the beginning of each document, in order to check for updates and/or changes and to familiarize yourself with the then current Agreement. Your access or use of the Web Site following the posting of the updated Agreement constitutes your agreement to be bound by, and to act in accordance with, the then current Agreement.2. License to Use the Web SiteWe are granting you a limited, non-transferable license to use the Web Site for your personal, non-commercial purposes. You are only allowed to access the Web Site for lawful purposes. Any action by you that we believe, in our sole discretion: (a) violates these Terms of Use or the Privacy Policy; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Web Site; or (c) through the use of the Web Site, abuses, defames, harasses, disparages or threatens another user of the Web Site, will not be permitted.You also may NOT: use another's account for the Web Site; solicit for commercial purposes other users of the Web Site; use the Web Site to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes; use metatags or any other "hidden text" utilizing any of our or any third party's product names or trademarks; distribute or upload viruses, spyware, adware or any other code, programs or technologies that may harm the Web Site, or the interests, data or property of users of the Web Site or any other website or Internet property; or harvest or otherwise collect personal information about users, including e-mail addresses, without their consent.You further agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (b) bypass any measures we may use to prevent or restrict access to the Web Site or certain areas thereof. We may suspend or terminate your right to access or use the Web Site, at any time, without notice, if you violate any of these restrictions or if we believe, in our sole discretion, that your activities create unacceptable legal risk, violate the Agreement, are jeopardizing or interfering with other users' rights or the technical operation of the Web Site, are the subject of complaints from other users, or are likely to harm the reputation or objectives of the Web Site.3. Availability and Operation of the Web Site Your access to or use of the Web Site may be interrupted at any time, for any duration of time and for any reason. We reserve the right to cancel, discontinue, modify, suspend or interrupt availability of or access to the Web Site or any portion or feature of the Web Site at our sole discretion and without prior notice.4. Free Sharing of Content.The Web Site is a platform intended to encourage the free sharing of ideas and stories about great educators. Therefore, all content submitted for posting on or through the Web Site is for public consumption, and you should not have any expectation that your ideas, innovations and other submissions will be treated as confidential or proprietary to you.By posting ideas, innovations, inventions, comments, advice and other User Content (as defined in Section 6 below) on the Web Site, you agree that your fellow users of the Web Site may freely use and reproduce such content for their own internal, non-commercial purposes and may share it with others for non-commercial purposes under the grant of rights in Section 6. TBD Futures and our respective sponsors, partners and clients, do not claim ownership of such content. However, we and they also have no responsibility for protecting such content or safeguarding it against theft, infringement or misappropriation by third parties, or policing to ensure that third parties respect the sharing and use rights granted in this Agreement. WE AND THEY HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY CONTENT YOU POST ON THE WEB SITE, OR THIRD PARTIES' USE OF SUCH CONTENT. In addition, given the public nature of the Web Site, please do NOT submit any comments, photos or other information that you consider private, confidential or embarrassing.5. No Responsibility for Information Posted; No Representations or Warranties; Limitation of Liability.We do not review the ideas, comments, information and advice on the Web Site and do not express any opinions about them. While we may occasionally highlight or feature certain content, neither we nor our sponsors or clients recommend, endorse, provide or guarantee any ideas, comments, information or advice on the Web Site. You should consult an appropriate professional advisor before relying on any ideas, comments, information or advice, and if you choose to rely on such information that you find on the Web Site, you agree that you do so entirely at your own risk.You agree that we may provide your name, contact information (including e-mail address and Twitter username) and relevant communications on or through the Web Site to such clients and sponsors in furtherance of these purposes. However, we have no obligation to do so, and any selections will be made in our sole discretion. Nor should any such introduction be construed as a guarantee or endorsement of the person so introduced or any ideas, information, comments or advice provided by such person. In addition, any relationships you form with clients and sponsors are entirely at your own risk, and we shall have no responsibility or liability with respect to such relationships or any compensation arrangements relating thereto.We make no representation or warranty that the Web Site's operation will meet the needs of the user. Nor do we make any representation or warranty that access to the Web Site or its content, including any content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from interruptions, defects and errors, or that any interruptions, defects or errors will be corrected. You understand and agree that we are not and will not be responsible for any costs, losses or damages for services, repairs or corrections that may be necessary for your computer equipment or software, or for any loss, corruption, damage or improper access to data, as a result of viruses, worms, trojan horses, or other harmful components accessed via this Web Site or any other web pages or websites to which the Web Site is linked.The Web Site contains our editorial content and proprietary features, as well as information and content provided to us by third parties. We make no warranties or representations about the accuracy, correctness, timeliness, usefulness or completeness of any of the content or information presented on the Web Site. The content, information, advertising materials and other materials on this Web Site may have omissions and may contain errors, including technical inaccuracies or typographical errors. We have no obligation to verify or maintain the currency of any content, information or materials presented on or through this Web Site. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness and usefulness of the content, information and all other material presented on this Web Site as well as its suitability for your purpose.THE WEB SITE, AND ALL CONTENT, INFORMATION, FORUMS AND MATERIALS AVAILABLE ON THE WEB SITE (INCLUDING ANY CONTENT, INFORMATION AND MATERIALS PROVIDED TO US BY THIRD PARTIES), ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND FREEDOM FROM VIRUSES OR HARMFUL CODE. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. IN ADDITION, (i) WE, AND OUR SPONSORS AND CLIENTS, DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AND THE CONTENT, INFORMATION, FORUMS, PRODUCTS, SERVICES AND MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE; AND (ii) UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SPONSORS OR CLIENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION PRESENTED ON THE WEB SITE, ANY COMMENTS, ACTS OR OMISSIONS OF OTHER USERS, OR ANY NEGLIGENCE, INFRINGEMENT, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT) ARISING OUT OF YOUR OR ANY THIRD PARTY'S USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT, INFORMATION, FORUMS, TOOLS, SERVICES OR MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE THE CASE REGARDLESS OF WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS PROVIDED IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.6. User Content."User Content" refers, collectively, to any and all materials, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other materials posted to, uploaded to, submitted to or shared in any blog or other public forum or user content area on the Web Site or anything e-mailed to us. User Content includes, without limitation, all ideas, innovations, comments and advice submitted on or through the Web Site. User Content is subject to the following terms.You own and are solely responsible for any User Content you post, upload, submit, share or e-mail to, on or through the Web Site. We and our sponsors and clients do not approve or endorse any statements provided in User Content, and we do not control the quality of User Content. We do not have any responsibility for the availability, accuracy, correctness, completeness, usefulness, reliability or timeliness of User Content, and we may choose to post, refuse to post, delete, remove or modify User Content at our sole discretion, without prior notice.IN ADDITION, WHILE WE MAY MONITOR USER CONTENT FROM TIME TO TIME, YOU AGREE THAT WE HAVE NO OBLIGATION TO DO SO. WE DO NOT CLAIM OWNERSHIP OF USER CONTENT.However, by providing User Content through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sub-licensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, transmit, transfer, create hypertext links to, broadcast and distribute the User Content in any form, in all media (whether now or hereafter existing), for purposes of providing, operating, modifying, maintaining, referencing, featuring, advertising and/or promoting the Web Site, events organized, hosted or provided by TBD Futures, and TBD Futures's activities in connection with the Web Site and such events. In addition, you grant TBD Futures and our respective sponsors and clients a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid and sub-licensable right and license to use and reproduce User Content for both commercial and non-commerical purposes.You also grant other users of the Web Site a worldwide, non-exclusive, royalty-free, fully-paid right and license to use, copy, reproduce, edit, modify, display, perform, adapt and create hypertext links to your User Content available on the Web Site solely for their own internal, non-commercial purposes (and not for sale, commercial license or other distribution for compensation) and to disclose, transfer and transmit such User Content to others solely for non-commercial purposes (and not for sale, commercial license or other distribution for compensation). All other rights in User Content are reserved to the owners of such content.By submitting User Content, you represent and warrant to us that you either own all rights in, to and relating to such User Content or have the right and ability to grant the licenses in such User Content described above. You may not submit any User Content where the foregoing representation and warranty is not true, i.e., where the approval of or payment of compensation to another party may be required for the User Content to be reproduced, distributed, displayed, publicly performed, edited, modified or otherwise used by us or other users of the Web Site. This includes, without limitation, any User Content which is or contains the copyrighted material, trademarks, service marks or other intellectual property of another party, or which features an image or likeness of a person from whom you have not obtained the necessary permission in writing. You represent and warrant to us that any User Content you submit does not and will not violate or infringe any copyright, trademark, publicity or privacy right, trade secret right or any other right of a third party. You may not manipulate anything on the Web Site to hide or disguise in any way the origin of any User Content nor may you impersonate another person, company or organization of any kind. You may not submit User Content that contains lies or misrepresentations of any kind or that is illegal, obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, indecent, or that encourages illegal activity of any kind. You may not upload, launch, post, e-mail or transmit any material that may contain viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components or any kind. You may not submit User Content that disparages us, the Web Site, the Feast or our respective members, managers, employees, consultants, agents, users, customers, partners, sponsors, clients, vendors or affiliates.When participating in any Web Site forums, you agree that any User Content you provide must be relevant to the forum.You understand and agree that we retain the sole right to remove, modify, edit or otherwise change any User Content, and any User Content may be subject to our approval before it is actually posted.If you have any problems or concerns about User Content, please report them immediately to us at hello@ourfutureistbd.com.7. Third Party Links and Third Party Products.The Web Site may contain links to third-party sites that may include, but are not limited to, sites operated by advertisers, clients and other third parties. The presence of such links does not constitute an endorsement, recommendation, authorization, sponsorship or warranty, express or implied, by us of the content, products, services, opinions, advertisements, advice or other information provided by these third parties. We do not author, control, monitor or edit these linked web pages or web sites. We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability, timeliness or suitability of the content, product offerings, advertising, opinions, advice or other information provided on third-party web pages or web sites. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, reliability, timeliness and suitability of the content, information and all other material presented on any web pages or web sites which you access via links on the Web Site. If you decide to purchase a product or service or use the information, advice or guidance provided on a third-party web site, you do so at your own risk.We also make no warranty that links to third-party web pages or web sites will meet the needs of the user or that the content on linked web pages or web sites, including content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from defects and errors or that any defects or errors will be corrected. ANY USE OF THIRD-PARTY WEB SITES AND WEB PAGES IS ENTIRELY AT YOUR OWN RISK.In addition, any linked web sites or web pages may have privacy and security practices that are very different from ours. We have no responsibility for or control over such privacy or security practices or any third-party web site's collection, storage, use or disclosure of information from you. You agree that you have read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of any linked web pages and web sites.8. Policy on Linking to the Web Site.We grant you the non-exclusive right to create hypertext links to pages of the Web Site and other content on the Web Site that might be interest to readers or users of your own website or blog. You understand that this right may be revoked at any time for any reason upon notice to you. By exercising this right, you agree to the following:The web site from which you are linking to the Web Site may not contain content that would violate any law or would likely be considered to be obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, or to encourage illegal activity of any kind.You will not state or imply that you or any web site on which you place a link to the Web Site, or any of its pages, are endorsed by, sponsored by or affiliated or associated with the Web Site, TBD Futures or any of our sponsors or clients. Nor may you make any representations or warranties, express or implied, or any statements that are inconsistent with this Agreement or are false, misleading or deceptive, with respect to the Web Site or any content thereon.You will not change, modify or replicate the appearance of the Web Site.You will not use any framing technique to enclose the trademarks, logos, images, text, layout or design of the Web Site, or any other intellectual property contained in the Web Site, without our prior written consent.9. Trademarks and Copyrights (Intellectual Property Ownership);All material, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other material contained in or appearing on the Web Site (collectively, "Content"), with the exception of User Content, certain images and videos licensed from third parties (such as TBD Futures's sponsors and clients) as well as third-party names, marks, logos, symbols and product names used on the Web Site, is owned by and is the copyrighted material of TBD Futures, LLC. All Content is protected by applicable copyright, trademark and other intellectual property laws. TBD Futures, ThanksForTeaching.Us and the TBD Futures logo are service marks owned by TBD Futures, LLC, and all goodwill arising from any use thereof shall inure to our sole benefit. All other company names, marks, logos, symbols and product names on the Web Site are the trademarks, service marks or other intellectual property of their respective owners. Nothing on the Web Site is intended to convey or suggest any association or affiliation with, or sponsorship or endorsement of us or the Web Site by, any such owners.Please see Section 6 for information about your right to use and share User Content. Except as specifically permitted in Section 6, Section 2 ("License to Use the Web Site") and Section 9 ("Policy on Linking to the Web Site") above, you may not copy, reproduce, modify, create derivative works from, distribute, or publicly display the Web Site or our or any third party's names, marks, logos, symbols or product names without our prior express written permission.10. Copyright PolicyWe respect the rights of all copyright holders, and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Web Site users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ThanksForTeaching.Us's Copyright Agent the following information required by the infringement liability limitation provisions of the Digital Millennium Copyright Act, 17 U.S.C. S512 (please see 17 U.S.C S512(c)(3) for further detail, or consult your legal counsel to confirm these requirements): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Web Site; Your address, telephone number and e-mail address; A written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or are authorized to act on behalf of the copyright owner.For copyright inquiries under the Digital Millennium Copyright Act please contact: ThanksForTeaching.Us's Copyright Agent 10 Jay Street, Suite 612A Brooklyn, NY 11201 Email: hello@ourfutureistbd.com 11. IndemnificationYou agree to indemnify, defend and hold harmless us, our respective affiliates and each of their respective members, managers, principals, officers, shareholders, directors, employees, agents, contractors, clients, sponsors, business partners and service providers from and against all claims, suits, actions, losses, expenses, damages, penalties and costs, including reasonable attorneys' fees, in any way relating to or resulting from any (1) actual or alleged violation of this Agreement, (2) use of the Web Site by you or any person using your password, (3) your actual or alleged failure to comply with any applicable legal or regulatory requirements, (4) any User Content provided by you, or (5) any actual or alleged use or other activities in connection with others' User Content that exceeds the scope of the rights granted in Section 6 above.12. Reservation of RightsAny rights not expressly granted in this Agreement are reserved by us. We reserve the right to seek all remedies available by law and equity for any violation of this Agreement or our other rights under applicable law. We also reserve the right to notify and cooperate with appropriate law enforcement authorities in connection with investigating or prosecuting any suspected criminal acts.13. MiscellaneousIf any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable. Only that portion that is found to be unlawful, void or unenforceable will be removed from this Agreement.No failure on our part to enforce strict performance of any part of this Agreement will constitute a waiver of any provision of, or any of our rights, under this Agreement. We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers or other third parties, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Web Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Web Site or sending an e-mail to you at any e-mail address furnished by you. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: TBD Futures, LLC, 10 Jay Street, Suite 612A, Brooklyn, NY 11201. All notices regarding copyright issues shall be sent in accordance with our Copyright Policy as described above.Except with respect to that body of law relating to conflicts of law, the laws of the United States of America and the State of New York shall govern this Agreement. The parties agree to submit to jurisdiction and venue in the State of New York, County of New York, and in the U.S. district courts located therein. This Agreement (including the Privacy Policy as posted on the Web Site) constitutes the complete agreement between you and us and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. The indemnification, intellectual property ownership and usage, limitation of liability, disclaimer of warranties, miscellaneous and such other provisions that, by their terms, should survive any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement. The headings and titles in this Agreement are for convenience only and shall not have any legal or contractual effect.If you have any concerns, questions or feedback regarding this Agreement, please send them via e-mail to: hello@ourfutureistbd.com