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Terms of Use: ThinkQuest Competition

These Terms of Use apply to your use of http://www.thinkquest.org (the "Site") to compete in the ThinkQuest Competition (the "Competition"). The Site is hosted by the Oracle Education Foundation (the "Foundation").

Herein, "you" or "your" refers to you as a visitor to or user of the Site. "We", "our", or "us" refers to the Foundation.

By using the Site, you accept and agree to comply with these Terms of Use. Your use of the Site and participation in the Competition is subject to your agreement to the Competition Privacy Policy and the Competition Rules, incorporated herein by reference.

READ THESE TERMS OF USE AND THE COMPETITION PRIVACY POLICY CAREFULLY BEFORE USING THE SITE.

IF YOU ARE A MINOR, REVIEW THESE TERMS OF USE AND THE COMPETITION PRIVACY POLICY WITH YOUR PARENT OR LEGAL GUARDIAN BEFORE YOU USE THE SITE. YOUR PARENT OR LEGAL GUARDIAN MUST SUBMIT A SIGNED PARENTAL CONSENT FORM BEFORE YOU USE THE SITE TO PARTICIPATE IN THE COMPETITION.

Registration

  1. We receive Competition entries via the Site. Before a team submits a Competition entry, the team's coach must register. Only coaches may register for the Competition.
  2. During registration, each coach will receive a unique user name and password (together, an "Account").
  3. You acknowledge and agree that we may terminate your Account and block your use of the Site if:
    1. your registration is incomplete;
    2. data that you provide is (or we believe is) untrue, inaccurate, not current, incomplete; or
    3. we are unable to verify any of your registration data.

Account Security

If you are a coach, you are responsible for keeping your Account secure and for all activities conducted through your Account. You agree to immediately notify us of any unauthorized use of your Account or any breach of your Account's security. Unauthorized access to the Site is a breach of these Terms of Use and a violation of law.

Rules of Conduct

You acknowledge and agree to the following rules of conduct ("Rules of Conduct") for the Site. We, in our sole discretion, determine what violates these Rules of Conduct.

  1. No bad language, pictures or behavior. You agree not to post or distribute material that is: defamatory, abusive, harassing, insulting or threatening to any other person; bigoted, hateful or racially offensive; vulgar, obscene or sexually explicit; illegal (or promotes illegal activity).
  2. Ask for permission when borrowing other people's work. You agree not to post or distribute material that infringes and/or violates any third party's intellectual property rights, including but not limited to copyright or trademark rights or rights of privacy or publicity.
  3. No advertising or selling. You agree not to advertise or sell (whether or not for profit) on the Site or use the Site for any commercial purpose.
  4. No viruses. You agree not to post or distribute computer viruses or other harmful components.
  5. No lies. You agree not to impersonate any person or entity or misrepresent your identity.
  6. No mass emails. You agree not to engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding," "trolling" and "griefing" (as such terms are commonly understood).
  7. No tampering. You agree not to delete or alter any legal notice, disclaimer or proprietary notice, such as copyright or trademark symbols, or modify any logo that you do not own or have permission to modify.
  8. No illegal activity. You will not, intentionally or unintentionally, violate any applicable local, state, national or international law or regulation, or the terms of any agreement by which you are bound, such as confidentiality obligations.

We reserve the right, at any time and in our sole discretion, to (i) remove from the Site any material that violates any of these Rules of Conduct or that we deem inappropriate and (ii) notify and cooperate with law enforcement officials regarding any use or alleged use of the Site that violates any applicable law and to take any reasonable action needed to mitigate damage to the Foundation or third parties.

Competition Privacy Policy

As a user of the Site, you may submit personal information to the Site to register for and/or participate in the Competition or for other related purposes. We care about your privacy and encourage you to review our Competition Privacy Policy for information about how we protect the personal information you submit to the Site.

Content

  1. You acknowledge that the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials provided to you, by you or otherwise accessible on the Site (collectively, the "Content") may be viewed by other users.
  2. You are responsible for any Content that you provide to the Site. If you disclose personal information in Content that you provide, you make the disclosures at your own risk.
  3. We are not responsible for Content that is posted or sent by users.

License Grant

We do not claim ownership of any Content submitted or made available by you or your team on the Site. By agreeing to these Terms of Use, you grant the Foundation a world-wide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate and/or publicly display any Content (in whole or in part) submitted by you or your team on the Site, solely for the purpose for which the Content was submitted or made available. This license is perpetual notwithstanding the removal of any Content submitted by you or your team from the Site.

Content Use

  1. You use all Content on the Site at your own risk.
  2. When using Content, you agree to comply with any copyright, trademark, service mark, trade secret, proprietary rights or other such protections or restrictions contained in or accompanying such Content.
  3. Subject to these Terms of Use, you are permitted to download, publish, copy, distribute, perform, display, transmit and otherwise use any portion of such Content for educational and noncommercial purposes only.
  4. Other than as expressly permitted herein, you agree that you will not and will not permit others to publish, copy, transmit, transfer, sell, reproduce, sublicense distribute, perform, display alter, create derivative works of or exploit any Content in whole or in part or otherwise use Content in any way inconsistent with these Terms of Use or applicable laws and regulations.

Linking

  1. You may link to the Site solely for educational and noncommercial purposes.
  2. You must obtain prior written permission from us if you wish to link to the Site for purposes other than educational or noncommercial uses. We reserve the right to prohibit any entity or individual from linking to the Site.
  3. If your website links to the Site, you may not place a banner over the browser window of the linked page such that the Site URL or sub-page is not visible. Further, the origin of the Site must be included in any description or listing of a Site (for instance, "a ThinkQuest site" or other language as may be required by us in our sole discretion).
  4. These Terms of Use apply only to the Site.
  5. The Site may include links to other sites, including sites on which Competition entries are posted ("Other Sites").
  6. When you click a link to Other Sites, you leave the Site. Other Sites are not under our control and you acknowledge that we are not responsible for and do not endorse any Other Sites. We encourage you to read and understand the use and privacy practices of Other Sites before you use them.

Submissions

We do not accept unsolicited ideas or original materials ("Submissions"). Please do not send your Submissions to anyone at the Foundation. If, despite this request, you send us your Submissions, we make no assurances that they will be treated as confidential or proprietary and, upon submission, they become the sole and exclusive property of the Foundation.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, we have designated an agent to receive notifications of alleged copyright infringement associated with materials on the Site. After receiving proper notice as set forth below, we will use commercially reasonable efforts to remove or disable access to such material as set forth in the DMCA.

If you believe that materials on the Site infringe your copyrighted work or the copyrighted work of another party, please notify our DMCA agent at:

Oracle Education Foundation Copyright Agent
Email: copyrightagent@thinkquest.org
Oracle U.S.A.
500 Oracle Parkway
Mail Stop 5OP-8
Redwood Shores, CA 94065

When notifying the Foundation of alleged copyright infringement, please include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringed and sufficient information to locate the material;
  4. contact information for the complaining party, such as an address, telephone number and, if available, an electronic mail address;
  5. a statement that the complaining party believes that the material's use is not authorized by the copyright owner, its agent or the law; and
  6. a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

If we believe the material infringes copyright or violates any intellectual property right, we will remove or disable access to it. If you believe that a notice of copyright infringement has been wrongly filed against you, you may file a Counter-Notification in Response to Claim of Copyright Infringement with the Foundation's Copyright Agent.

Disclaimer

THE USE OF THIS SITE IS AT THE YOUR SOLE RISK. THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY PARTICULAR HARDWARE, SOFTWARE OR SYSTEM, (B) DEFECTS WILL BE CORRECTED, (C) THE SITE OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE SITE OR THE CONTENT ON THE SITE ARE CORRECT, ACCURATE RELIABLE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

The Foundation will not be liable for interruptions caused by factors outside of our reasonable control, including any act of God, natural disaster, fire, storm, flood, earthquake or other elements of nature, explosion, war or threat of war, terrorist act, civil disturbances, vandalism, acts of any government or agency thereof, strikes or other labor problems, any Internet access, web hosting problems or other third party service problems or delays and systemic electrical, telecommunications or other utility outages or failures.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless the Foundation and its affiliates and their respective officers, directors, employees and agents from and against all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms of Use, any Content that you post or posted by any other person using your Account or your violation of law or infringement of any third party right.

Modifications to the Site and Terms

We reserve the right to modify, suspend or discontinue the Site, or any part thereof, temporarily or permanently, with or without notice to users of the Site. We are not obligated to support or update the Site. You acknowledge and agree that we will not be liable to you or any third party if we modify, suspend or discontinue all or any part of the Site.

We reserve the right to modify, add or delete portions of these Terms of Use at any time. We will update the "LAST UPDATED" date below when the Terms are modified in any way. We also will provide notice of any material change by posting a "New Terms of Use" link on the Site's home page. The modified Terms will be effective thirty (30) calendar days after the "LAST UPDATED" date below.

Termination

These Terms of Use are effective until terminated by either you or us. You can terminate these Terms of Use at any time by discontinuing use of the Site. We may immediately terminate these Terms of Use as applied to you (including your access to your Account or the Site in general) without cause and without notice in our sole discretion. Upon termination, you must stop using the Site.

Applicable Laws

All matters relating to your access to or use of the Site or Content shall be governed by U.S. federal law and the laws of the State of California. Any legal action or proceeding relating to your access to or use of the Site or Content shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and the Foundation agree to submit to the jurisdiction of, and agree that venue is proper in, such courts in any such legal action or proceeding.

Users From Outside the United States

The Site is controlled and operated by us from the United States. By using the Site, you consent to having your data transferred to and processed in the United States. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. You access the Site at your own risk and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose at any time and in our sole discretion.

Miscellaneous

  1. Neither you nor the Foundation will be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site.
  2. You may not sell, trade, lease, assign or otherwise transfer your rights hereunder to any third party.
  3. These Terms of Use do not create rights enforceable by third parties.
  4. We may assign our rights and duties under these Terms of Use without such assignment being considered a change to these Terms of Use and without notice to you.
  5. These Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision will still be enforced to the fullest extent permitted by law and such determination will not affect the validity and enforceability of any other remaining provisions.
  6. If we fail to enforce any provision of these Terms of Use, it will not constitute a waiver of such provision. These Terms of Use will inure to the benefit of the Foundation's successors, assignees and licensees.
  7. These Terms of Use and the Competition Privacy Policy and any modification by the Foundation to either or both constitute the entire understanding between the Foundation regarding your access to, license and use of the Site and they supersede any prior agreement, statement or representation with respect to the same.
  8. In the event of any conflict between or among these Terms of Use, the Competition Privacy Policy and the Competition Rules, they have the following order of priority: these Terms of Use, the Competition Rules and the Competition Privacy Policy.
  9. The headings of the sections were added for convenience and are not to be deemed a part of the Terms of Use.

Language

These Terms of Use and all related documentation will be drafted in English. Cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise.

Questions

If you have questions, contact us by sending an email to competition_support@thinkquest.org.

LAST UPDATED: September 14, 2011