Untitled Document

Terms of Use: (Revised October, 2008)

Agreement with Terms and Conditions: This agreement ("Agreement") sets forth the terms and conditions that apply to you ("Visitor"), an individual accessing the Moogie on the Net website ("Moogie on the Net"), a division of Emanuel Software. By accessing Moogie on the Net, you agree to the following terms and conditions and the Privacy Policy. If you do not agree, you have no right or license to access any part of Moogie on the Net and you should not do so. By purchasing a subscription to access to Moogie on the Net, you agree to be bound by this Agreement.

Subscription Charges:
(a) Using a valid credit card which Moogie on the Net accepts or by sending a valid Purchase Order from your school, you agree to pay the subscription charges listed on our site in order to access Moogie on the Net. Moogie reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. There are no partial refunds for portions of the subscription period unused.
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access Moogie on the Net.
(c) For purposes of identification and billing, you agree to provide Moogie with accurate, complete, and updated information required by the site subscription registration area ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Moogie's option, result in immediate suspension or termination of your right to use Moogie on the Net.
(d) You guarantee that you are over eighteen (18) years of age and are authorized to use the credit card used for your Registration Data.

Your Password:
As part of the registration process, you will be given a user ID and a password. The ID and Password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access Moogie on the Net, and agree that Moogie will have no obligations with regard thereto.

Printable Handouts

You may create as many Printable Handouts as your Membership allows. You may use these Handouts for 30 days, as long as you remain a Member of Moogie on the Net. Each Handout expire 30 days after you create it. Once a Handout expires, or your Membership ends, all Handouts shall be destroyed in every way except as you may need for Archival and Documentation purposes for your position with a school as a Teacher.

Teacher and Student Accounts:
You are permitted to create as many Student Accounts as your Membership allows.You may create an unlimited number of Fellow Teacher Accounts. For each Teacher and Student Account you create, you will be given a user ID and password. These ID’s and Passwords are to be used only by the intended user (Teacher or Student). You are solely responsible for maintaining the confidentiality of any password used to access Moogie on the Net, and agree that Moogie will have no obligations with regard thereto.

Conduct of Visitor:
Lawful Use:
Visitor shall use Moogie on the Net for lawful purposes only. Visitor shall not post or transmit any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Moogie on the Net has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in Moogie on the Nets discretion restricts or inhibits any other Visitor from using or enjoying Moogie on the Net is expressly prohibited.

Downloading of Intellectual Property:
Moogie on the Net contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, video, graphics, music, and sound, portions of which are owned by Moogie on the Net and portions of which are owned by other parties and licensed to Moogie on the Net. The entire contents of Moogie on the Net are copyrighted as a collective work/compilation. Moogie on the Net owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the copyrighted material for Visitor's personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Moogie on the Net (or the copyright owner(s) if other than or in addition to Moogie on the Net). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

Uploading of Intellectual Property:
Visitor shall not upload, post or otherwise make available on Moogie on the Net any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Moogie on the Net, Visitor automatically grants, or warrants that the owner of such material has expressly granted, Moogie on the Net the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grantsMoogie on the Net the right to edit, copy, publish and distribute any material made available on Moogie on the Net by Visitor.

Trademarks:
Unless otherwise indicated, trademarks that appear on this site are trademarks of Moogie on the Net or its affiliates. All other trademarks not owned by Moogie on the Net, LLP or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moogie on the Net or its affiliates.

Guarantees: 
Moogie makes no promises or guarantees that our user's grades will improve by the use of our web site.
Although we strive for perfection, Moogie does not guarantee the accuracy of any information included in Moogie on the Net.
Moogie does not guarantee that every topic or type of problem in the given topic, say Algebra, is included in Moogie on the Net.
The information included on our site is meant to supplement standard academic courses and classroom instruction.
By contributing to the Moogie Blog, you agree to the following disclaimers and rules of conduct:

  • These forums are not routinely monitored. Moogie is not responsible for any of the messages posted on the message boards.
  • The comments and opinions that are posted on the message boards are not necessarily those of Moogie.
  • We are not responsible for the mathematical accuracy (or inaccuracy) of the messages posted to the message boards.
  • Whenever you post a message on the Moogie Blog, you are, hereby, granting Moogie on the Net a free permanent license to use the content on our website.
  • All materials on this site, as well as the organization and layout of the site, are owned and copyrighted by Emanuel Software's Moogie Math on the Net, and may be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of Emanuel Software, you may not copy, distribute or transfer any material on this site, in whole or in part.
  • Your subscription does not entitle you to save any portion of Moogie on the Net on your hard-drive (or to print it out) for later use.  Once your subscription has ended, you should not be able to use the content - even for your own personal use except as you may need for Archival and Documentation purposes.

Postings:

No Responsibility or Liability:
To the extent that portions of Moogie on the Net (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT MOOGIE ON THE NET DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE, and Postings do not necessarily reflect the views of Moogie on the Net. To the fullest extent permitted by applicable laws, Moogie on the Net shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on Moogie on the Net.

Monitoring:
Moogie on the Net reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Authorize Others to Use:
You hereby authorize Moogie on the Net to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Moogie on the Net or such other parties see fit. You shall have no claim or other recourse against Moogie on the Net for infringement of any proprietary right in Postings.

Disclaimers and Limitation of Liability:

Use Is At Visitor's Risk:
VISITOR EXPRESSLY AGREES THAT USE OF MOOGIE ON THE NET IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER MOOGIE ON THE NET, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT MOOGIE ON THE NET WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOOGIE ON THE NET, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH MOOGIE ON THE NET. 

No Warranties of Service:
MOOGIE ON THE NET IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT FAMILY EDUCATION NETWORK AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.

Visitor's Waiver of Damages:
IN NO EVENT WILL MOOGIE ON THE NET, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF MOOGIE ON THE NET BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE FEN SITES. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MOOGIE ON THE NET.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MOOGIE ON THE NET, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MOOGIE ON THE NET, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Indemnification:
Visitor agrees to defend, indemnify and hold harmless Moogie on the Net, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of Moogie on the Net.

Email Newsletters:
Please be advised that our email newsletters ("Newsletters") are part of a wide distribution, and that neither Moogie on the Net nor any third party involved is monitoring, reviewing or screening the recipient email list prior to its distribution. The Newsletters are distributed only to those who have expressly opted-in to receive them. If local, state or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive same in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or newsletters by logging in and updating his or her Personal Preferences. The recipient can always opt back in to receive future offers and/or newsletters at any time by going to the same screen.

Equipment for Visitor's Use:
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of Moogie on the Net and for any/all charges related thereto.

Submissions:
Moogie on the Net always welcomes suggestions and comments regarding our website. Any comments or suggestions submitted to Moogie on the Net, either online or offline, will become Moogie on the Net's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Moogie on the Net might seem to others to be similar to their own submissions or comments.

Entire Agreement:
This Agreement, and any operating rules for Moogie on the Net, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law:
This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of Ashland.

Headings:
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

About Copyrights and Fair Use
I'm sure you're all aware of copyrights and their importance in protecting the work of the creators of unique and innovative educational materials such as Moogie on the Net.
Please understand that we can only afford to continue to maintain our web site and create new and innovation learning materials if we can be reimbursed for our time and expense.  Your assistance in this area is greatly appreciated!
For more information about copyrights and fair use, please check out section 107 of the copyright law.  The above guidelines were created at the Conference on Fair Use (CONFU) over a period of two years and were finalized in 1997.
Fortunately, for teachers and students there is something called "fair use."  Simply put, fair use is the exception that allows teachers and students to use (within some very restrictive guidelines) copyrighted materials for educational purposes in the classroom.  I've found that many teachers are unaware of the specifics regarding fair use of copyrighted materials like web sites.  (I, too, was quite uninformed in this area until I started to do some investigating!)
For students, fair use is easy!  Students can use graphics and content all they wish (without permission) as long as it is for a class assignment.  The only restrictions are that the "borrowed" content cannot be displayed in a public forum such as a web site (e-portfolios come to mind here) without the permission of the copyright holder and the content cannot be put into a situation where it can be distributed or copied.  (Students cannot give the content to someone else for use.)
For teachers, it's a bit more complicated and MUCH more restricted.

  • Amount - A teacher cannot use more than 1000 words or 10% (which ever is less).  Once 1000 words are used, a teacher can no longer legally use content from this source in the classroom without securing a site license for classroom use.  This also includes a teacher simply reading the lessons and using them to guide lesson plans.  A maximum of 5 graphics can be used.
  • Type of Use Allowed - face-to-face instruction, student self-study, evaluations of teaching performance and job interviews
  • Duration of Use - A teacher can use the 1000 words of content for 15 days.  (Once the 15 days are up, the teacher can no longer use the content without obtaining a site license.)
  • Copying - Copies cannot be made and students cannot be given copies (digital or photocopy) as this would open up the opportunity for additional copies to be made and distributed.
  • Inspiration for Use - This one is a bit odd, but here it is.  A teacher cannot provide the 1000 words of material to another teacher for use.  The INTENT for use must come from the teacher who gets the material.  An example of this would be if a school's librarian found some material and provided it to the teachers for use.  This would be a violation of the copyright.  However, if Ms. A went to the librarian (on her own) and asked for the materials, it's OK.

Digital Millennium Copyright Act Compliance:
If you have copyright concerns about any materials posted on this site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, please contact our Designated Agent ("Notice"):
Designated Agent
Moogie on the Net
Joseph Emanuel.
PO Box 281
Hayesville, OH 44838
email: moogie@MoogieOnTheNet.com
To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • 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 Moogie on the Net to locate the material;
  • Information reasonably sufficient to permit Moogie on the Net 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;
  • 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Changes in Terms and Conditions:
Moogie on the Net has the right to change or discontinue any aspect or feature including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. Moogie on the Net has the right to change or modify the terms and conditions applicable to Visitor's use of Moogie on the Net, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Moogie on the Net, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of Moogie on the Net by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

 

 

 
 

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