PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Use of NeoK12.com website is subject to the following terms and conditions. We will refer to NeoK12.com as "NeoK12", "Website", "we" or "us" throughout this document (the "Agreement"). If you do not agree to these Terms of Service and Use, then do not access or use this Website. NeoK12 may at its sole discretion modify these Terms of Service and Use at any time and such modifications will be effective immediately upon being posted on this Website. Your continued use of this Website will indicate your acceptance of the revised Terms of Service and Use.
THIS SECTION APPLIES TO THE PAID SUBSCRIBERS OF NEOK12. BY PURCHASING THE NEOK12.COM SUBSCRIPTION YOU AGREE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY IT. When you accept this Agreement by checking the box at the time of purchase of subscription, this Agreement will be a binding legal agreement between you and NeoK12.
The software, the content of this Website, except all user submissions, third-party links, third-party content and video clips, including without limitation, the program scripts, text, graphics, photos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NeoK12 or its licensors and are protected by copyright law, trademark law, international conventions and other intellectual property laws. The Materials on this Website are provided to you AS IS on blind-basis for your general information and personal use only and may not be copied, imitated or used, in whole or in part, without the prior written consent of NeoK12 or the applicable copyright owner. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks of NeoK12 and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in the website are the property of their respective owners. The video section of this Website only links to publicly accessible videos on third-party video hosting sites such as YouTube using the source video site's public embeddable video player. The videos are streamed from the source video hosting sites. All copyright and ownership of the videos belong to the respective owner or author as specified on the third-party video hosting sites.
NeoK12 hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Website for school, home and personal use only; provided that (i) you will not copy or distribute any part of the Materials in any medium without NeoK12's prior written authorization; (ii) you will not alter or modify any part of the Materials; (iii) you will not disassemble, decompile, reverse engineer the Materials; (iv) you will not frame or utilize framing techniques or caches to enclose the Materials in any way; and (v) you will otherwise comply with the terms and conditions of this Agreement. This section will survive the termination of your right to use this Website.
NeoK12 attempts to provide accurate descriptions of the Materials. However, we do not warrant that descriptions or other parts of the Materials are accurate, complete, reliable, current, or error-free. If any section in the Materials is materially misrepresented, your sole remedy is to cease use of that section of the Materials and to notify us of the purported error. Such errors may be corrected as they are discovered at NeoK12's sole discretion.
NeoK12 reserves the right to make changes at any time to the software and programs, information, names, text, images, pictures, logos, trade-marks, products, services, policies, pricing, content and its structure and any other material displayed on, offered through or contained on the Website. NeoK12 may also discontinue some or all of its services it provides under this agreement. You agree to be bound by any changes NeoK12 may reasonably make to the Terms of Service and Use when such changes become effective. If any of the terms or conditions in these Terms of Service and Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
This Website may contain links to, or references to third party websites, software programs, services, videos and information. These links are provided for your convenience only. You agree that NeoK12 does not provide any endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendation, products, marketing promotions, software programs, or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of NeoK12 or its affiliates. Your use of such third party websites and their services is subject to the terms and conditions of use and the privacy policies of such website and their owners.
THIS WEBSITE, AND ANY SOFTWARE, PRODUCTS, SERVICES, CONTENT AND ITS STRUCTURE OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. NEOK12 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS SOFTWARE PRODUCTS, CONTENT AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS SOFTWARE, TOOLS, CONTENT, ANY LINKS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, NEOK12 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION, WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. FURTHER, NEOK12 IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.
IN NO EVENT SHALL NEOK12, ITS AFFILIATES, NEOK12 LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, CONTENT, TOOLS, TIPS, PRODUCTS, SERVICES OFFERED, SERVICES USED OR PURCHASED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT NEOK12 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE.
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend and hold NeoK12 and its affiliates and their respective directors, officers, employees, shareholders, other authorized users, agents or other representatives and assigns (collectively, the "Indemnified Parties") harmless from and against all claims, liability, losses, costs and expenses, including all legal fees and costs arising from or relating to (a) any breach by you of any provisions of these Terms of Service and Use; (b) any violation by you of applicable law; and (c) your use or alleged use of this Website by you or anyone within your control. NeoK12 reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NeoK12's defense of such claim. NeoK12 may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys' fees and all other costs). This provision shall survive the termination of your right to use this Website.
NeoK12 will not be liable for failing to perform under this Terms of Service and Use because of any event beyond its reasonable control.
You understand and agree that NeoK12 may, under certain circumstances and without prior notice to you, terminate your access to and use of the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement, (b) requests by law enforcement or other government or regulatory authorities, (c) extraordinarily high usage affecting use of the Website by others, or (d) technical difficulties.
Certain areas of the NeoK12 website may permit you to upload and/or submit feedback, data, text, videos, third-party links, messages, content, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to NeoK12 an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that NeoK12 deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). NeoK12 reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. You agree that you are solely responsible for all of your User Submissions. NeoK12 is not required to host, display, or distribute any User Submissions on or through this Site and may remove at any time or refuse any User Submissions for any reason. NeoK12 is not responsible for any loss, theft, or damage of any kind to any User Submissions. You understand and agree that any User Submission will be considered non-confidential and non-proprietary. NeoK12 does not guarantee that you will have any recourse through NeoK12 or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;
(b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to NeoK12 the rights in your User Submissions described herein;
(c) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(d) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(e) your User Submission does not contain any information that you consider confidential, proprietary, or personal, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy.
NeoK12 respects the intellectual property of others. If you believe that any material on this Website has been displayed in a way that constitutes copyright infringement, please notify our Copyright Agent in writing. Email us your claim at copyright@NeoK12.com with the following details:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing can be found on the Website (please include URLs);
• Your address, telephone number, and email address;
• A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you at the bottom of your notification exactly as follows: "I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner."
Please allow up to a week for an email response. Also note that you will be liable for damages if you misrepresent that the claimed material is infringing your copyright.