Terms of Use

Created: May 2009

The Center for Initiatives in Jewish Education ("CIJE") offers this website, including its content, site functionality, and services (the "Website") to you, the user, conditioned on your acceptance of the terms and conditions set forth below together with our privacy policy, found at cijeteachers.org (collectively, "Terms").

By using the Website, you agree that you have read, understand, and are bound by these Terms. CIJE may, in its sole discretion, revise these Terms from time to time by updating the Terms, with the new terms taking effect on the date of posting. You should review the Terms every time you use this Website as they are binding on you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

The Website is only for personal and noncommercial use of teachers at CIJE participant schools. As a condition to your continued use of the Website, you represent and warrant to CIJE that you currently are employed as a teacher at a CIJE participant school and will not use the Website for any purpose that is unlawful or prohibited by these Terms.

CIJE and its licensors retain full copyright ownership in the Website. Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior consent of CIJE.

All content of the Website is Copyright 2009 by the Center for Initiatives in Jewish Education. All rights reserved.

By using or accessing the CIJE Website, including uploading content intended for classroom use ("Lessons"), you represent, warrant and agree that:

• you will not Post content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
• as to any and all Lessons that you upload, you are the sole author of the contents;
• your school is in compliance with the Project Agreement for Strengthening Studies Through Computer Assisted Instruction Program and The Center for Initiatives in Jewish Education and the associated Waterford Program Addendum;
• you will not Post:
  • false, misleading or fraudulent information;
  • any addresses, phone numbers or email addresses or other contact information or private information of any third party;
  • any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
  • identifiable photos of children;
  • alcohol-related or other mature content on the Website; or
  • content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or is libelous, obscene, or anything else that CIJE may consider offensive.

You hereby grant to CIJE a perpetual, non-exclusive, worldwide, sub-licensable, royalty-free and fully paid license to reproduce, distribute, publicly display, publicly perform, create derivative works of and otherwise exploit any Lessons or any portion of the content uploaded by you to the Website.

CIJE generally does not pre-screen, review, edit or approve any User Content.

"User Content" means any photos, text, link, tests and answer keys, games, maps, artwork, puzzles, audio, video, designs, ads and anything else that you Post on or through the Website, including Lessons. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Website.

As long as you comply with these Terms of Use, you are authorized to access, download, and use Lessons available on the CIJE Website, for transmission to and use by teachers at CIJE participant schools.

By using or accessing CIJE's Website, you represent, warrant and agree that you will not:

• do anything that could disable, overburden or impair the proper working of the Website;
• use any robot, spider, scraper or other automated means to access the Website;
• send spam or any other unauthorized advertisements or solicitations through or using the Website;
• harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Website;
• solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
• intimidate or harass any user;
• do anything that is illegal, infringing, fraudulent, malicious or could expose CIJE or users of the Website to harm or liability; or
• attempt, encourage or facilitate any of the above.

CIJE has the right to edit or alter any Lesson submitted by you for length and clarity, and reserves the right not to use any Lesson activity at all and/or use as much or as little of that Lesson activity as it chooses. CIJE may, at its discretion but without any obligation, accept, reject, disable access to, remove, or modify User Content. CIJE may, at its discretion, disable and suppress content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. CIJE may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

CIJE may provide content of third parties ("Third Party Content") as a service to those interested in this information. CIJE generally does not monitor, approve or have any control over any Third Party Content. CIJE does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. CIJE is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by CIJE of the sites, but is for your reference and convenience only. CIJE has no control over the sites to which its Website links or the content at those sites, and the data collection practices of linked sites will be governed by that site's privacy policy, not by that of CIJE. CIJE is not responsible for the content or accuracy of any off-site pages or any other sites linked to CIJE, nor does CIJE recommend or endorse any specific tests, products or procedures that may be mentioned on or represented on the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any linked site.

Unless otherwise prohibited under these Terms, you are authorized to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. CIJE reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Website or any of its content or copy portions of the CIJE Website to a server, except as part of an Internet service provider's incidental caching of pages. Each page within CIJE must be displayed in full (including all trademarks and branding), without any accompanying frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the page within the Website.

All trademarks, service marks and trade names of CIJE and its partners and licensors used herein (including without limitation: CIJE, the CIJE logo, and the associated designs and logos) (collectively "Marks") are trademarks or registered trademarks of CIJE or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without CIJE's prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information may be able access your account so you should take reasonable steps to protect this information.

CIJE may deliver notice to you under these Terms by means of electronic mail, a general notice on the Website, or by written communication.

You may give notice to CIJE at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

The Center for Initiatives in Jewish Education
148 39th Street - Suite A311
Brooklyn, NY 11232
Mailbox Unit # 3
Attention: Legal Notice

CIJE does not condone copyright infringement on its Website, and will remove allegedly infringing content if properly notified of the infringement. CIJE reserves the right to terminate a User's account, if the User is an infringer. If you are a copyright owner and believe that any content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):

• 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 at a single online site are covered by a single notification, a representative list of such works at that site;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CIJE's designated copyright agent for notice of claims of copyright infringement on this Website is Faigy Ravitz, who can be reached as follows:

The Center for Initiatives in Jewish Education
148 39th Street - Suite A311
Brooklyn, NY 11232
Mailbox Unit # 3
Attention: Legal Notice
fravitz@grusslife.org
212-757-1500 x 49

Certain information available through the Website may relate to various laws. Such information should not be considered legal advice. CIJE is not acting as your lawyer.

You agree that CIJE may terminate your use of the Website if CIJE reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of CIJE or any third party, or for any reason with or without notice to you. You agree that CIJE may modify or discontinue the Website, with or without notice to you. You agree that CIJE will not be liable to you or any third party as a result of such modification or discontinuation.

THE WEBSITE AND ITS CONTENT ARE PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

CIJE SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). IN NO EVENT SHALL CIJE OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CIJE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

You agree to defend, indemnify and hold CIJE, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal fees, related to or arising out of the content, use of the Website or related sites, any assistance or services provided by us, any alleged unauthorized use of the Website or your use of the Website in a manner that violates or is alleged to violate these Terms. CIJE will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you in your defense of any such claim, suit or proceeding.

You expressly agree that exclusive jurisdiction for any dispute with CIJE, or in any way relating to your use of the Website ("Legal Action"), resides in the state or federal courts of New York, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York, New York in connection with any such dispute.

These Terms are governed by the internal substantive laws of the State of New York, without regard to conflict of law principles.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.