Access to and use of the Models of Excellence site under the control of EL Education (“MOE Site”) is provided by EL Education on the following terms and conditions (the “Terms and Conditions”):
1. You agree to use the MOE Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of this site.
3. You understand that the MOE Site contains material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) uploaded to the MOE Site by registered user and/or EL Education. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) and all Content located on the MOE Site shall remain vested in EL Education or its licensors (which includes other users). Unless specifically stated in a Creative Commons license which may be attached to some EL Education Content - https://creativecommons.org/licenses/by-nc/4.0/legalcode (“Creative Commons Non-Commercial License”), you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use EL Content in any way except for your own personal, non-commercial use. Please read the Creative Commons Non-Commercial License in full before downloading or otherwise making use of EL content. If you do not agree to be bound by the Creative Commons Non-Commercial License or any Special Restrictions then you must not use EL Content made available under these terms.
4. When using any Content from the MOE Site, you must attribute to EL Education and any identified author in accordance with the terms of the Creative Commons Non-Commercial License. Proprietary content must be used (retained) intact and in context to the content at all times. There may be times when the Creative Commons Non-Commercial License does not apply to any of the content even if owned by EL Education. In these instances, unless stated otherwise, the content may be used for personal and non-commercial use.
5. You represent and warrant to EL Education that you will use any and all Content on the MOE Site in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon.
7. This Site also contains proprietary materials which are owned by or licensed to EL Education and which are not subject to the Creative Commons Non-Commercial License. These materials which will be identified as “Proprietary” include but are not limited to our logos and trademark, certain photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within this Site. These proprietary materials are protected by intellectual property rights. Unauthorized use of these proprietary materials may constitute intellectual property infringement.
8. You understand that all Content uploaded to the MOE Site, which you may have access to as part of, or through your use of, the MOE Site are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You understand that by using the MOE Site and Services, you may be exposed to Content that you find offensive or objectionable. Under no circumstances is EL Education liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the MOE Site.
9. EL Education respects the intellectual property rights of others and expects users of the MOE Site to do the same. It is EL Education’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). EL Education will promptly terminate without notice any User’s access to the Site if that User is determined to be a “repeat infringer." A repeat infringer is a User who has been notified by EL Education of infringing activity violations more than twice or who has had its user-submitted content removed from the Site more than twice.
It is EL Education’s policy to promptly respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the MOE Site infringes your copyrights, then you may submit a notification pursuant to DMCA, 17 U.S.C. Section 512(c)(3), containing the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the MOE Site are covered by a single notification, a representative list of such works.
c) Clear 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 EL Education to locate the material. Providing URLs to the alleged infringing content in the body of an email is the best way to help us locate content quickly.
d) Information reasonably sufficient to permit EL Education to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e) A statement that the complaining party has 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.
f) 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 owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to EL’s designated agent as follows:
Chief Operating Officer
247 West 35th Street, 8th Floor
New York, NY 10001
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10. THE SERVICE AND THE CONTENT OF THE MOE SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN ITS WEBSITES OR ACCESSED THROUGH ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EL EDUCATION’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF THE USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE OF THE SERVICE AND THE CONTENT ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL EL EDUCATION, ITS MODELS OF EXCELLENCE PROJECT, ITS OFFICERS, EMPLOYEES AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE OPERATION, MAINTENANCE, ACCESS OR USE OF THE SERVICE OR THE CONTENT OF THE SITE. This paragraph shall survive any expiration or termination of this Agreement
11. Nothing contained on this Site is intended to be, nor should be construed as an offer by us to enter into, a contractual relationship with you or anyone else except under the applicable Terms and Conditions.
12. By using the MOE Site, you are acknowledging that you have read and accepted all applicable Terms and Conditions of use.