TERMS AND CONDITIONS OF USE
Last updated March 21, 2006
Welcome to the MOUSE Squad e-Learning web site ("Site").
These Terms of Use, which incorporate by reference our Privacy Policy, set forth the conditions for your use of this Site. Please read these Terms of Use carefully. By registering to use this Site, you agree to be legally bound by and comply with them. If you are under eighteen, then you and your parent or legal guardian acting on your behalf are deemed to have consented to these Terms of Use when you use our Site. If you do not agree to comply with these Terms of Use, you are not authorized to use this Site or participate in the MOUSE Squad program.
MOUSE Inc. ("MOUSE," "we" or "us") may modify these Terms of Use in the future, so please check this page regularly. If you continue to use the Site after we post a change, we understand that you agree to the new terms.
Who Can Participate In MOUSE Squad e-Learning?
If you are a student, in order to participate in MOUSE Squad e-Learning, you must be a registered user who has received a MOUSE Squad e-Learning Access Code ("Access Code") directly from your MOUSE Squad Faculty Advisor. If you are a teacher, you must receive your Access Code from your MOUSE Squad District Coordinator.
MOUSE Squad Forum
Our Site includes a forum that allows you to communicate with other Site users. Messages distributed through the Site represent the views of MOUSE Squad participants and not those of MOUSE.
The messages you post on the Site are not private or confidential. Please read our Privacy Policy for advice on keeping your information and personal account safe. By posting messages on the Site, you grant us a non-exclusive, worldwide, royalty-free unrestricted license (with the right to sub-license) to reproduce, modify, translate, transmit, distribute or otherwise use, in whole or in part, any message file, data or other communication you post on the bulletin boards in any form now known or later developed.
We welcome active debate. In order to ensure a safe and civil online environment, MOUSE reserves the right to remove any content you post on the Site or terminate your participation in the MOUSE Squad program at any time, with or without cause. You agree not to upload, post, display, distribute, transmit or otherwise publish on the Site any material that:
(1) is libelous, obscene, pornographic, harassing, or abusive;
(2) is violent, hateful, or threatening to anyone or any group;
(3) infringes any copyright, trademark, trade secret or other proprietary right of another;
(4) violates anyone's right of privacy or publicity or is otherwise illegal;
(5) contains code, including, but not limited to viruses, bugs, worms, or trojan horses, that can disrupt or damage the Site, its underlying software or any hardware or computer equipment; or
(6) sells or promotes any products or services.
You may not use this Site while impersonating any other person or entity, to collect or use any information about other MOUSE Squad participants for any purpose, or to distribute chain letters, junk mail, "spam" solicitations, commercial advertising, or other bulk communications of any kind.
Copyright
Our Site and all its content, such as text, photographs, graphics, logos, button icons, images and software is owned by or licensed to MOUSE and is protected by United States and international copyright and other intellectual-property laws. The text materials contained in this Site may not be modified or altered in any way.
You may copy or distribute the text materials contained in this Site, but only (i) to participate in or operate the MOUSE Squad program in your school or school district, (ii) if you include all trademark, copyright, and other proprietary rights notices in the same form in which the notices appear on our Site, and (iii) you do not modify or alter the text materials or proprietary notices in any way.
You may not copy or distribute any photograph, illustration, artwork or other graphic material contained on this Site for any use without first obtaining the permission of MOUSE (at [email protected] or the address and numbers listed below) and the copyright owner.
Except for the foregoing, you may not copy, distribute, transmit, display, modify, create derivative works from, enter into a database, or in any way exploit any existing part of our Site, including computer programs and other coding.
Notice of Copyright Infringement
We respect the copyright and other proprietary rights of third parties whose material is posted on the Site. But we cannot monitor the copyright ownership of all materials posted on our Site. If you believe that any material posted on our Site infringes a copyright, you may request the removal of that material from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3) and procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. –Ø512(c)(3) ("Notice") must be sent to the agent we have designated with the Copyright Office:
MOUSE Inc.
295 Lafayette Street, Suite 501
New York, New York 10012
To comply with the Copyright Act, your Notice must be in writing and must include the following:
(1) the signature of the person or entity making the complaint;
(2) the contact information of the complaining party (including full name, address,telephone number and preferably email address);
(3) information about the allegedly infringed work (or works);
(4) information sufficient for us to locate the infringing work (or works);
(5) a statement by the complaining party that they have a good faith belief that the use is unauthorized; and
(6) a statement under penalty of perjury that the information in the Notice is accurate.
Once we receive a satisfactory Notice, we will remove the material immediately. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-notice") that the initial infringement notice was erroneous. Such Counter-notice must be in writing and must include:
(1) a signature;
(2) identification of the removed material;
(3) identification of the location where the material appeared before removal;
(4) a statement of good faith belief that the material was removed in error;
(5) the alleged infringer's name, address, and telephone number; and
(6) a statement of consent to jurisdiction in federal district court.
Upon receipt of a Counter-notice, we will notify the complaining party of the Counter-notice and restore the material within 10 to 14 business days of receipt of the Counter-notice, unless the complaining party informs us that an action for a restraining order has been commenced in federal court.
Trademarks
MOUSE and MOUSE Squad and other indicators of source that MOUSE uses on the Site are owned by MOUSE ("Our Trademarks"). Our Site also contains the trademarks and service marks of other organizations (each, a "Third-Party Trademark"). You may not use Our Trademarks or any Third-Party Trademark in any manner without our or such third-party's, respectively, permission. In addition, you may not use Our Trademarks or any Third-Party Trademark in any manner that disparages or discredits MOUSE or the owner of the Third-Party Trademark.
Linking to Our Site
MOUSE grants you a limited, non-exclusive, revocable, non-transferable license to download the MOUSE name and Our Trademarks (collectively, the "MOUSE Links") from our Site solely for the purpose of linking to the home page of our Site.< You agree not to alter the MOUSE Links in any way or to portray MOUSE on your site in a false or misleading light. You also agree not to use the MOUSE Links on a web site with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You understand that MOUSE has not authorized, sponsored, endorsed, or approved your web site or your organization and its activities and agree that the MOUSE Links will not be used in any manner that would falsely convey MOUSE's sponsorship, endorsement or approval. You also agree that you acquire no rights in the MOUSE Links as the result of your authorized use of them. MOUSE reserves all proprietary rights in the MOUSE Links and Our Trademarks.
Links to Other Web Sites
We may make content or services from other web sites available to you from links located on our Site. When you click on these links, you are leaving our Site for others that are governed by their own terms of use. Please read the terms of use of third-party sites that you visit. We have no control over these sites or their content. Except for information or services identified as being supplied by MOUSE, we do not review, operate, or control any material, information, products or services on third-party sites. As we are not responsible for and cannot control these third-party sites or their content, please direct any concerns regarding such linked sites to their administrator or webmaster.
Disclaimers
Our Site is available on an "as is" basis. We do not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in materials available through our Site. We do not make any representations or warranties about the accuracy, completeness, timeliness or reliability of any statement or information displayed or distributed on the Site or available through links on the Site. We reserve the right to correct any errors or omissions in the Site. If you rely on our Site and any materials available through it, you do so solely at your own risk.
To the maximum extent permitted under law, we deny all express or implied warranties with respect to the Site or any information that is available through the Site, including without limitation fitness for a particular purpose.
Although we intend to take reasonable steps to prevent the introduction of destructive materials to our Site, such as viruses, worms, and "trojan horses," we do not guarantee or warrant that our Site or materials that may be downloaded from our Site are free from such destructive features. We will not be liable for any damages or harm attributable to such features.
Limitation of Liability
We and our officers, directors, and employees (the "MOUSE Parties") will not be liable for any claim, loss or injury based on errors, omissions, interruptions or inaccuracies in our Site, nor will the MOUSE Parties be liable for any claim, loss or injury that results from your breach of any provision in these Terms of Use.
We will not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or in connection with our Site, Site services, Site materials, or these Terms of Use, regardless of whether such liability is based in tort, contract or otherwise, in each case to the extent permitted by applicable law.
Indemnification
You agree to indemnify any MOUSE Party against all losses, expenses, damages and costs, including reasonable attorneys' fees and expenses, any MOUSE Party incurs as a result of your violation of these Terms of Use. We have the right, but not the obligation, to take over the exclusive defense of any claim for which any MOUSE Party is entitled to indemnification from you. You agree to cooperate with us, following our reasonable request, in connection therewith.
Termination
We reserve the right to terminate the Site and these Terms of Use at any time, without notice, for any reason, including your violation of any of the provisions of the Terms of Use. The "Limitation of Liability" and "Governing Law" sections of these Terms of Use, and the restrictions imposed on you with respect to material you download from the Site survive any such termination, as does your license to MOUSE of any content you provide to us on the Site.
Governing Law
These Terms of Use are governed by the laws of the State of New York applicable to contracts made and performed there, without regard to its conflicts of law principles.
Forum Selection
You agree that any claim or dispute arising out of or relating to your use of the Site and these Terms of Use will be brought exclusively in the state or federal courts sitting in the State and County of New York. You agree to submit to the exclusive jurisdiction of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Severability
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be considered severed and will not affect the validity and enforceability of any remaining provisions.
PRIVACY POLICY
Last updated March 21, 2006
Welcome to the MOUSE Squad e-Learning web site ("Site").
The Privacy Policy is incorporated by reference in the Terms of Use. Please read both the Privacy Policy and the Terms of Use carefully. By registering to use this Site, you agree to be legally bound by and comply with them. If you are under eighteen, then you and your parent or legal guardian acting on your behalf are deemed to have consented to them when you use our Site. If you do not agree to comply with them, you are not authorized to use this Site or participate in the MOUSE Squad program.
MOUSE is committed to maintaining the privacy of personal information you provide to us when you use our Site. This Privacy Policy describes how we collect and use your information.
Collection of Your Personal
MOUSE collects your personal information when you register to participate in MOUSE Squad, such as your name, gender, age, address (city, state and country), telephone number, e-mail address, your year in school, race and ethnicity (together, "Personal Information").
We collect your Personal Information for evaluation purposes. We may use your e-mail address to contact you directly for evaluation purposes to help further MOUSE's goals.
Note to Teachers: Teachers must register with us when their students participate in the MOUSE Squad program. We collect your personal information when you register, including your name, address (city, state and country), telephone number, e-mail address, as well as the name, address and demographics of your school. If you are a teacher who has registered to participate in MOUSE Squad, you agree to keep confidential any information about your students that we provide to you and to use such information solely for evaluative educational purposes. You shall not disclose such information to any third party unless otherwise required or permitted by law or school policy.
Note to Parents: Parents can review their child's Personal Information, have it deleted, and refuse to allow the further collection or use of their child's Personal Information. The section "Review and Update Your Personal Information" below explains how to contact MOUSE to perform any of the above actions.
Location of Servers and Transfer of Information
Our servers are located in the United States. If you are located outside of the United States, be aware that the information you provide to us will be transferred to the United States. By using our Site or providing your Personal Information to register for a MOUSE Squad dialogue, you consent to this transfer and to the collection, storage, processing and use of your Personal Information in the United States. In addition, our service providers may not be located in your geographic area in the United States. By providing your Personal Information on the Site, you also consent to the transfer of your data to these service providers.
Anonymous Information
We may collect information about Site users that is not associated with any information that identifies you to help us evaluate how the Site is used, to facilitate use of the Site, to analyze user interests, and for systems administration purposes. This type of information includes the user's IP address, browser type, and Site usage data, such as what pages are visited and time intervals between Site visits and individual web page visits within the Site ("Anonymous Information").
MOUSE collects Anonymous Information by using "cookies." A cookie is a string of information that is sent by a web site and stored temporarily in your computer's memory. Although you are not required to accept the use of cookies, your participation in the Site will be easier if you have not disabled the cookie technology on your browser.
If you have provided MOUSE with any Personal Information, we will link it to Anonymous Information we have collected from you so that we can help your teacher evaluate your online skills. We may also use such Personal Information together with Anonymous Information to the extent we determine that it is necessary to identify a user because of safety or security issues or to comply with legal requirements.
Sharing With Third Parties
We share your Personal Information and certain Anonymous Information you provide us with third parties who work with us to maintain and update our Site. Such third parties have agreed to maintain the confidentiality, security and integrity of the information provided to them. We also provide it to participating teachers and our consultants to help us evaluate the MOUSE Squad program, your participation in it, or if required by law or to enforce this Privacy Policy. For evaluative purposes, we combine your Personal Information and Anonymous Information with those of other MOUSE Squad participants or Site users, from which we create collective anonymous profiles of our users and their activities. MOUSE uses these collective profiles in reports to its sponsors. We do not share your Personal Information with our sponsors, nor do we sell or rent your Personal Information to any third party.
Exception: MOUSE reserves the right to share your Personal Information with legal authorities if required by law or if we believe in our sole discretion that it is necessary to investigate, prevent, or take action regarding suspected illegal activities. We also reserve this right in those instances where we believe that you are involved in threats or are a potential danger to the physical safety of yourself or third persons.
You may choose to prohibit our disclosure of your Personal Information to others by contacting us and directing us to impose such limits. But if you impose such restrictions, we must terminate your participation in the MOUSE Squad program. Once your participation in MOUSE Squad has ended or is terminated, we keep your Personal Information in our secure archive so that we can contact you in the future about related projects and activities that may be of interest to you and for research purposes.
Security
We store your Personal Information and Anonymous Information in a secure manner and safeguard it from unauthorized access in a secure, restricted-access database. However, no data transmitted over the Internet can be guaranteed to be 100% secure. Therefore, you provide us with your Personal Information and use our Site at your own risk.
Keeping your information secure is also your responsibility. You should take action to protect your anonymity when you use this Site. Please do not share your password with anyone and change it when prompted by us. After you have finished using the Site, log off and exit your browser so that no unauthorized persons can use the Site with your name and account information. When you post messages to the forum, do not give your full name, telephone number, email address, Instant Messenger screen name, home address or the name of your high school. Keep identifying information to a minimum. Please notify us immediately at [email protected] if you suspect that anyone may have gained unauthorized access to your Personal Information or account.
Review and Update Your Personal
Please contact MOUSE at [email protected] or at the address and numbers listed below with inquiries about our Privacy Policy, our Site, or if you wish to update, correct, or delete any information you have provided to us either online or offline. If you have registered to participate in MOUSE Squad, you may change certain Personal Information you have provided to us by accessing the [My Account] portion of our Site. If you request changes that cannot be made in the "Preferences" section of our Site, we will contact you by email to confirm those changes.
MOUSE Inc.
295 Lafayette Street, Suite 501
New York, New York 10012
TEL: (212) 920-3665
http://www.mousesquad.org
284 Squads and 2778 Members!