Terms of Use

Terms of Use
Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site. The following legal restrictions and terms of use apply to Havefunteaching.com and any other site owned and/or operated by or on behalf of Have Fun Teaching, LLC or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as “Havefunteaching.com” and “Have Fun Teaching” and/or “we” respectively).

USE OF MATERIALS

This site is owned and operated by Have Fun Teaching, LLC and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of Havefunteaching.com are the property of Have Fun Teaching and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Havefunteaching.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Have Fun Teaching’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are licensed to you by Have Fun Teaching. Have Fun Teaching does not transfer title to the Software to you. As between you and Have Fun Teaching, Have Fun Teaching retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software. You hereby grant Have Fun Teaching and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on Havefunteaching.com, including without limitation via message boards, chat rooms and/or blogs or any other features on Havefunteaching.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on Havefunteaching.com. Users are not permitted to upload to, distribute through, or otherwise publish through Havefunteaching.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on Havefunteaching.com. Unauthorized collection and/or use of email addresses via Havefunteaching.com is also not allowed. Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of Havefunteaching.com. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder, message board postings and/or comments made in chat rooms and/or any other features on Havefunteaching.com. Have Fun Teaching is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Havefunteaching.com including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder message board postings and/or comments made in chat rooms and/or any other features on Havefunteaching.com. You acknowledge that Have Fun Teaching may or may not pre-screen and/or monitor content posted on Havefunteaching.com, and that Have Fun Teaching shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on Havefunteaching.com at any time for any reason, in Have Fun Teaching’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on Havefunteaching.com and any rules for conduct on Havefunteaching.com or use of specific features and/or services offered thereon that may be posted on Havefunteaching.com, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE

Any informational materials provided on Havefunteaching.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Have Fun Teaching makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Havefunteaching.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES

Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via Havefunteaching.com are solely between you and such entity. You agree that Have Fun Teaching shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Have Fun Teaching does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of Havefunteaching.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on Havefunteaching.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE

Have Fun Teaching may add, change, discontinue, remove or suspend any portion of Havefunteaching.com at any time, without notice.

USER ACCOUNTS

Certain portions of Havefunteaching.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of Havefunteaching.com using your account and/or identity. Have Fun Teaching reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of Havefunteaching.com for any reason, including without limitation for extended periods of inactivity.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Havefunteaching.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Have Fun Teaching, if in Have Fun Teaching’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Havefunteaching.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

HAVE FUN TEACHING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO HAVEFUNTEACHING.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” HAVE FUN TEACHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO HAVEFUNTEACHING.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. HAVE FUN TEACHING DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON HAVEFUNTEACHING.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT HAVEFUNTEACHING.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF HAVEFUNTEACHING.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. HAVE FUN TEACHING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON HAVEFUNTEACHING.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HAVE FUN TEACHING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HAVE FUN TEACHING BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON HAVEFUNTEACHING.COM, EVEN IF HAVE FUN TEACHING OR A HAVE FUN TEACHING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HAVE FUN TEACHING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING HAVEFUNTEACHING.COM. YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING HAVEFUNTEACHING.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

INDEMNIFICATION

By using Havefunteaching.com, you agree to indemnify, defend and hold harmless Have Fun Teaching from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Havefunteaching.com; or (3) any material uploaded by you or through your computer to Havefunteaching.com or otherwise sent by you to Have Fun Teaching. You will cooperate as fully and reasonably as required by Have Fun Teaching in the defense of any claim. Have Fun Teaching reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Have Fun Teaching.

JURISDICTIONAL ISSUES

Havefunteaching.com is controlled and operated by Have Fun Teaching from its offices in Georgia, United States of America. Have Fun Teaching makes no representation that materials on Havefunteaching.com are appropriate or available for use in other locations. Those who choose to access Havefunteaching.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from Havefunteaching.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to any principles of conflicts of law. You and Have Fun Teaching each agree to submit to the exclusive jurisdiction of the courts of the state of Georgia and the federal courts of the northern district of Georgia. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

PERMISSION FOR REPRINTS

All material on Havefunteaching.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on Havefunteaching.com (outside of personal, non-commercial use), please write to:

Have Fun Teaching, LLC
Post Office Box 1595
Ellijay, GA 30540



PERMISSION FOR WEB LINKING

If you link to Havefunteaching.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Have Fun Teaching. Any such link must not damage, dilute or tarnish the goodwill associated with Have Fun Teaching and/or any Have Fun Teaching intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Have Fun Teaching, and you may not “frame” Havefunteaching.com. You may not link to Havefunteaching.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Have Fun Teaching’s sole discretion. Have Fun Teaching reserves the right, in its sole discretion, to terminate any link from any web site.

To request permission to place a link from your web site to Havefunteaching.com, please send your name, address, web site URL, and nature of the web site to: accounts@havefunteaching.com

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:
Have Fun Teaching, LLC
Post Office Box 1595
Ellijay, GA 30540
Email: info@havefunteaching.com

The notification must be in writing and include:
1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing copyrighted work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 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.
Have Fun Teaching reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed at https://www.havefunteaching.com/terms-of-use along with the date of most recent update.