This USER AGREEMENT governs your use of our website: www.theadventurousmailbox.com, which is owned and operated by The Adventurous Mailbox. By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
GENERAL CONDITIONS OF USE
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. All intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website (except for content specifically and expressly made available for redistribution).
If you are a classroom educator and have purchased membership to our Teachers’ Lounge, you are free to print and distribute lessons as needed. You may not sell the lessons for profit, or claim authorship.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
COPYRIGHT RESTRICTIONS AND INTELLECTUAL PROPERTY
By using The Adventurous Mailbox, you will have access to much educational material and original images and graphics. The Adventurous Mailbox maintains intellectual property rights in respect of all materials downloaded or printed from our site. These rights are not transferred or licensed when you use the services. You are welcome to use this material in the classroom, but you may not claim authorship or ownership of any material. Further, you may not distribute this material outside of the classroom, include our material in another text, or sell our material.
All content included on this site belonging to The Adventurous Mailbox, such as, without limitation, text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of The Adventurous Mailbox and is protected by international copyright, trademark and other intellectual property laws. You have no right or license to download, reproduce, distribute, publish, modify, display, broadcast, hyperlink to or transmit in any manner or by any means or store in an information retrieval system any such content without The Adventurous Mailbox’s written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws.
The Adventurous Mailbox respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please provide notice to The Adventurous Mailbox and include (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (2) a description of the copyrighted or trademarked work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright or trademark owner’s behalf.
After we provide you with a user ID and password to enable you to access this area of our website or other content or services, you must ensure that that your user ID and password are kept confidential.
If in the member’s forums you engage in malicious, crude, profane, or illegal behaviour, we may disable your user ID and password at our sole discretion without notice or explanation.
In the Teachers’ Lounge, you will have the opportunity to share your own lessons with other teachers. This content (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website you agree to give The Adventurous Mailbox worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. YOU WILL STILL BE CREDITED AS AUTHOR WHEREVER USED.
Your submitted content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
LINKS TO OTHER WEBSITES
The Adventurous Mailbox may include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of The Adventurous Mailbox and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website is governed by its own policies and agreements, including policies regarding the collection and use of your personal information. Please review the applicable agreements and policies carefully when visiting any third party websites for which we provide links. We take no responsibility for your use of any such site and shall not have any liability for events arising from your use of such third party or other websites.
YOU UNDERSTAND AND AGREE THAT THE ADVENTUROUS MAILBOX AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE WEBSITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
WE MAKE NO WARRANTY THAT (1) ADVENTUROUS MAILBOX WILL MEET YOUR REQUIREMENTS, (2) ADVENTUROUS MAILBOX WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ADVENTUROUS MAILBOX IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS AND EXCLUSIONS OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE LICENSORS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE ADVENTUROUS MAILBOX OR LINKED CONTENT, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE ADVENTUROUS MAILBOX IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $100.00.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The Adventurous Mailbox is established in Taiwan, but we will adhere to U.S. trade laws and agree to ARBITRATION in a mutually agreed upon city of reasonable distance from the home of the person or institution instigating any actions, or which we instigate actions upon.
Neither you or The Adventurous Mailbox shall be deemed to be in default of or to have breached any provision of this agreement as a result of any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond your or The Adventurous Mailbox’s control.