Terms of Use

1. Your Acceptance

1.    By using and/or visiting this Web site (“UBIQUITY” and related webpages), you agree to be bound by these terms and conditions (“Terms of Use”). If you do not agree to any of these terms, please do not use this Web site.

2.    By using our Web site you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

3.    Conditioned upon your acceptance of these Terms of Use, UBIQUITY hereby grants you permission to access and use our web site as set forth in these Terms of Use.

4.    In accessing our web pages, you agree that you will access the contents for your own personal use, but not for any commercial use. You may view or listen to any part of our web site, but you may not copy substantial portions of it. Parts of UBIQUITY are copyrighted by us, and other parts are copyrighted by individual contributors or by other parties. We may make available biographical information so that you may contact these persons for additional permissions, should you choose to do so, and should the contributors choose to provide them.

5.    Any copying of the material that is found in UBIQUITY in whole or in part must include traditional bibliographic citation via one of the standard styles, namely  APA (the American Psychological Association) Chicago, Turabian, Blue Book or MLA (the Modern Language Association), and must include author attribution, date and article title.

2. The UBIQUITY Web Site

6.    These Terms of Use apply to all users of the UBIQUITY family of Web sites, including users who are also contributors of video content, information, or other materials or services on our web sites. Throughout this Policy, “UBIQUITY,” “the UBIQUITY Web sites,” and “our web sites” may be used interchangeably.

7.    The Web sites may contain links to third-party web sites that are not owned or controlled by UBIQUITY. UBIQUITY has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party Web sites.

3. Registration

1.    The main UBIQUITY Web site, http://ed-UBIQUITY.gsu.edu/wordpress/, does not require registration.

4. General Use of our web site—Permissions and Restrictions

1.    Our web site, and the contents thereof, is proprietary to UBIQUITY, which is provided by the Department of Middle and Secondary Education in the College of Education and Human Development at Georgia State University. The content of the site is owned by or licensed to UBIQUITY, subject to copyright and other intellectual property rights under the law. You may access and use our web site or its content for personal, non-commercial use, or as specifically provided for on our web site.

2.    You agree that you will not, without our permission, reproduce, distribute or make derivative works of our web site or any of the contents thereof without the express consent of UBIQUITY. You agree not to alter or modify any part of our web site. You agree not to circumvent, disable or otherwise interfere with security-related features of the UBIQUITY Web site or features that prevent or restrict use or copying of any content or enforce limitations on use of the UBIQUITY Web site or the content therein. You agree that you will not, without our permission, systematically retrieve data or other content from our web site by any means, and you will not compile a database or directory of information extracted from our web site.

3.    You agree not to use our web site for any use or purpose not permitted within these Terms of Use without the prior written authorization of UBIQUITY. Prohibited uses include, without limitation, any of the following actions taken without the express approval of UBIQUITY: sale of access to our web site; use of our web site or its related services, for the primary purpose of gaining advertising or subscription revenue; the sale of advertising on the UBIQUITY Web site; the sale of advertising on any third-party Web site targeted to the content of specific user submissions or UBIQUITY content; and any use of our web site or its related services that UBIQUITY finds, in its sole discretion, to be a use of UBIQUITY’s resources or user submissions, with the effect of competing with or displacing the market for UBIQUITY, UBIQUITY content, or its user submissions.

4.    You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers” that accesses our web site in a manner that sends more request messages to the UBIQUITY servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, UBIQUITY grants the operators of public search engines permission to use spiders to copy materials from our web site for the sole purpose of and solely to the extent necessary for the creation of publicly available searchable indices of the materials, but not for the creations of caches or archives of such materials. UBIQUITY reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names and e-mail addresses, from our web site, or to use the communication systems provided by our web site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our web site with respect to their user submissions.

5.    UBIQUITY reserves all rights not expressly granted in and to the UBIQUITY content and the UBIQUITY service.

5. Educational Use of Material on Web Site

6.    Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use, without specific approval from UBIQUITY.

6. Your User Submissions and Conduct

1.    Certain areas of the UBIQUITY Web site allow the user to submit textual content or picture, audio or video content (“user videos,” “user recordings”). User comments and user videos are collectively referred to as “user submissions.” By submitting any user submission to our web site, you hereby waive any privacy expectations that you may have with respect to any such User Submission, including to any comments, photo, video or other data or information submitted by you to our web site.

2.    You acknowledge and agree that any user submission submitted by you to our web site may be available for viewing, rating, review and comment on by the public. You acknowledge and agree that, once submitted by you and made accessible to users, UBIQUITY shall have no obligation to remove, delete, or disable access to any user submission made by you, or to return any submission to you.

3.    You retain copyright in your user submissions. By submitting user submissions to UBIQUITY, however, you hereby grant UBIQUITY a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and use in any other manner that may be hereafter developed the user submissions in connection with the UBIQUITY Web site and UBIQUITY’s (and its successors’ and affiliates’) business, including, without limitation for promoting and redistributing part or all of the UBIQUITY Web site (and derivative works thereof), in any media formats and through any media channels that exist now or may be developed. You also hereby grant each user of the UBIQUITY Web site a non-exclusive, irrevocable license to access your user submissions through our website, and to use, reproduce, distribute, display and perform such user submissions as permitted by these Terms of Use.

4.    You agree not to submit a user submission that contains any material to which you do not own the copyright, or that is protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights. By posting a user submission, you represent and warrant that you own the copyright and have the necessary licenses, rights, consents, and permissions to do so.

5.    You agree not to submit material that is offensive, derogatory, obscene, infringing of any third party’s rights, or contrary to local, national, and international laws and regulations.

6.    UBIQUITY does not endorse any user submission or any opinion, recommendation, or advice expressed therein.  UBIQUITY, Georgia State University, and the Board of Regents of the University System of Georgia expressly disclaim any and all liability in connection with user submissions.

7. Removal of User Submissions

UBIQUITY may, at its sole discretion, remove or prevent access to, in whole or in part, any material submitted by you, for any reason or no reason, including any material it deems in violation of its standards.

8. Digital Millennium Copyright Act

UBIQUITY has a policy of protecting copyrights and of complying with the take-down procedures established under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).

1.    If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the DMCA to researchubiquity@gmail.com, including the following elements (see 17 U.S.C 512(c)(3) for further detail):

•    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.
•    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.

9. Access Termination Policy

UBIQUITY may terminate a user’s access to its Web site at its sole discretion.

10. Disclaimer and Limitation of Liability

You agree that your use of the UBIQUITY Web site shall be at your sole risk. To the fullest extent permitted by law, UBIQUITY, its officers, directors, employees and agents, Georgia State University, and the Board of Regents of the University System of Georgia disclaim all warranties, express or implied, in connection with our web site and your use thereof. UBIQUITY makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site, and assumes no liability or responsibility for any
1.    errors, mistakes or inaccuracies of content.
2.    personal injury or property damage, of any nature whatsoever, resulting from  your access to and use of our Web site.
3.    any unauthorized access to or use of our secure servers and/or any and all personal information stored therein,
4.    any interruption or cessation of transmission to or from our Web site.
5.    any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party.
6.    any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the UBIQUITY Web site.

UBIQUITY does not warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third-party through the UBIQUITY Web site or any hyperlinked Web site or featured in any banner or other advertising, and UBIQUITY will not be a party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.

In no event shall UBIQUITY, its officers, directors, employees or agents, Georgia State University, and the Board of Regents of the University System of Georgia be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any:
1.    errors, mistakes or inaccuracies of content.
2.    personal injury or property damage of any nature whatsoever, resulting from your access to and use of our Web site.
3.    any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
4.    any interruption or cessation of transmission to or from out Website.
5.    any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our Web site by any third party, and/or
6.    Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via our web site, whether based on warranty, contract, tort or any other legal theory, and whether or not UBIQUITY is advised of the possibility of such damages.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UBIQUITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Our web site is controlled and offered by UBIQUITY from its facilities in the United States of America. UBIQUITY makes no representations that the UBIQUITY Web site is appropriate or available for use in other locations. Those who access or use the UBIQUITY Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless UBIQUITY, its officers, directors, employees and agents, , Georgia State University, and the Board of Regents of the University System of Georgia from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the UBIQUITY Web site; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the UBIQUITY Web site.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UBIQUITY without restriction.

13. Revisions

UBIQUITY may modify these Terms of Use and/or the Privacy Policy effective immediately upon posting to the site (which shall be deemed constructive notice). Your continued use of the site following notice of any modification to shall be conclusively deemed an acceptance of all such modification(s).

14. Disclaimer of Warranties

In no event shall UBIQUITY be liable for any special, incidental, indirect, or consequential damages of any kind arising out of or in connection with the use of the articles or other material derived from the our website, whether or not advised of the possibility of damage, and on any theory of liability.

This publication is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.

The UBIQUITY website is under development and changes may be made in these publications at any time.

While every effort is made by UBIQUITY to see that no inaccurate or misleading data, opinion or statement appear in this web site, it wishes to make clear that the data and opinions appearing in the articles and advertisements herein are the responsibility of the contributor or advertiser concerned. UBIQUITY makes no warranty of any kind, either express or implied, regarding the quality, accuracy, availability, or validity of the data or information in our website or of any other site to which it may be linked.

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