ACCEPTANCE OF TERMS
You understand that We provide services and educational products for your personal use, and not for the use or benefit of any third party. These services may include, and are not limited to: videos, audios, or MP3 recordings downloaded from Our website.
Anyone may browse Our website and its content without registering, but as a condition to using Our products and/or services, you may be required to register with WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) Upon registration, you warrant and guarantee that the personal information provided is accurate and complete, which includes and is not limited to: Your user name; e-mail address; and a password used to access Our website. You have the responsibility to keep your registration information up-to-date, and failure to do may be deemed a breach of this Agreement, which may result in Our cancelling your account.
Prohibitions: You may not create more than one account (only one account per user); create an account for anyone other than yourself without that person’s permission; take a User name belonging to someone else (with the intent to impersonate that person); utilize a User Name or account that belongs to another person without their consent; or create/utilize a User Name that would be considered offensive, vulgar, or obscene.
We reserve the right to cancel or refuse to register a User Name at any time. Since you are liable for activity on your account, you are expected to keep login and password information confidential. In order to protect the security of the parties, you must notify Us immediately in writing if: (a) you think your account has been hacked; (b) you notice unauthorized activity on your account; or (c) your account security has been breached.
PROPRIETARY SERVICES FOR EDUCATIONAL INSTITUTIONS
WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) operates an electronic platform that allows students, instructors, and school administrators to access and use some of our online products and services. Although material on Our website is available to all users, schools and institutions will be required to register via Our website through the school/institution’s name and contact information. In accordance with the Federal Children’s Online Privacy Act of 1998 (COPPA), we will never knowingly solicit nor accept information or data from users known to be thirteen (13) years of age or younger. If students are younger than (13) thirteen years, the school may provide Us with information to confirm the student’s identity in order to provide discounted services to the school or educational institution and it’s students.
CONTENT AND USER SUBMISSIONS
You understand that all Content you access, whether on Our website or services, is at your own risk and you agree to accept responsibility or liability for any damages or losses you (or any other third party) may experience. The term “Content” as used herein may include and is not limited to: videos; audio clips; comments; information; data; text; photographs; software; scripts; graphics; and interactive features; generated, provided, or otherwise made accessible by Us through Our website or services. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained by users, including Content that is added to Our website and/or services in connection with users linking their accounts to third party websites and services, is collectively referred to as, User Submissions.
We retain all rights, title, and interest in our own Content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other applicable proprietary rights and laws. You agree not to infringe upon those rights and to abide by and comply with all copyright notices, restrictions, or information relating to Our website, products, or services.
Subject to this Agreement, We grant you and each user of Our services an exclusive, non-sub-licensable and non-transferable license to use solely for your own personal use. You may not use, reproduce, modify, nor distribute any of Our products without our prior written consent.
You may not sell, license, rent, or otherwise use or exploit any of Our content for commercial (whether or not for profit) use or in any way that violates any third party rights.
We may utilize your User Submissions in any way to promote Our business. This may include and is not limited to: public displays; reconstruction or deconstruction; marketing and advertising materials; promotion and/or distribution; and allowing other users to do the same in connection with their own websites.
By your Submission through Our website or services, you hereby grant WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to: copy, edit, modify, reproduce, distribute, prepare derivative works of, display, or otherwise allow Us to utilize your User Submissions.
You also grant each user of Our website, and/or services, including Third Parties, a non-exclusive license to access your User Submissions through Our website and services: to use, edit, modify, reproduce, distribute, prepare derivative works of, or display such User Submissions in connection with their use of Our website or services. This license does not affect your ownership or license rights of other User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC).
You warrant and agree that you have all rights to grant such license to us without infringing upon or violating any third party rights, including without limitation, privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through Our service or website, is your responsibility and we accept no liability for any errors or omissions in any Content submitted.
You understand and that We cannot guarantee the identity of other users with whom you may interact while using Our website or services, and any such contact is at your own risk.
When you delete your User Submissions, they will be removed from our records. However, you understand that any User Submissions that have been removed may be retained in Our backup copies for a reasonable amount of time (but after removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
RULES AND CONDUCT
You may not use Our website or services for any improper, illegal, or prohibited purpose. Since you agree to accept full responsibility for your account activity while using Our services, you also agree to abide by all applicable local, state, and federal laws/regulations during this usage. Note: WE DO NOT TOLERATE harassment, bullying, obscenities, bigotry and violence. A violation of this clause shall be construed as a breach of this agreement and we will immediately terminate your account without Notice.
Neither you nor any third party has Our permission to upload, download, post, submit, or distribute any Content on or through Our website or services including without limitation any User Submission, that:
- infringes upon a patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, bullying, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spam”);
- involves unauthorized commercial activities (whether or not for profit) and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the function of any of Our software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information belonging to WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) or any third party;
- impersonates any person, company, or third party, including but not limited to Our employees or representatives;
- includes anyone’s identification documents or sensitive financial information; or
We strictly prohibit pornography, especially child pornography, and will terminate and report you to the authorities if you attempt to publish or distribute any type of pornography.
You shall not directly or indirectly:
- take any action that may impose an unreasonable or disproportionately large load on Our, or any third party provider’s servers or infrastructure;
- interfere with the proper working of Our website or services;
- bypass Our security measures used to prevent or restrict access to Our website, products, or services (or other accounts, computer systems or networks connected to our services);
- run any form of auto-responder or “spam”;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of Our website or services.
- harvest or scrape any Content from Our website or services;
- modify, adapt, reproduce, distribute, translate, adapt, deconstruct, publicly display, repurpose, sell, trade, or in any way exploit Our website, products, or services (other than your User Submissions), except as otherwise authorized;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Our website, services, or products;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under this Agreement;
- take any action which violates Our Terms, guidelines, or polices.
We do not guarantee that any Content or User Submissions will be made available through Our website or Our services. We have no legal obligation to monitor Our website, services, Content, or User Submissions.
PROMOTION AND LINKS
This provision applies to anyone, including but not limited to Users, who add our Link or promote our Link, website, products, or services on their individual websites, blogs, or social media sites and pages:
- Providing you follow these Terms, We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use and display Our link, URL, or contact information on any authorized website. You grant Us permission to use and allow others to use such links and content within Our website or services.
- Your license is subject to the following restrictions: (a) you may not use Our URL, links, or content to in order to sell access to Our website or services without Our prior written consent;(b) you may not obscure or disable any element of Our URL or links; (c) your website title and other trademarks and logos must appear at least as prominent as Our trademarks and logos within the Content provided; (d) you may not display Our URL or link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC);
(e) you may not display Our URL or link on any site that disparages Our company, products, or services, or infringes in any way upon Our intellectual property or other rights, or violates any applicable law;
THIRD PARTY SITES AND SERVICES
Our website and services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to Our website. Accessing third party websites is at your own risk. We have no control over third party websites, and you understand that We are not responsible or liable for the content, functions, accuracy, legality, or any other aspect of these websites or resources. Inclusion of any such link does not imply that We indorse or are associated with the third party website, its owners, or operators. You also understand and agree that We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through third party websites.
We may terminate your access to all or any part of Our website or services at any time, with notice to you, effective immediately. You may terminate your account at any time by following the instructions provided on Our website. Any fees paid under this Agreement are non-refundable. Provisions within this Agreement relating to use, privacy, submissions, and rules of conduct shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
To the extent required by law, We have no special relationship with or fiduciary duty to you. You acknowledge that We have no control over and no duty to take any action regarding: users gain access to Our products or services; what Content you access via Our website or services; what effects this Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You agree to release Us from all liability from Content you access through our website, products, or services. Our website or services may contain or direct you to websites containing information that some people may find offensive or inappropriate. We do not warrant any Content contained in or accessed through Our website, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Our website.
You agree to release us from all liability relating to your connections and relationships with other users of Our website or services. You understand that we do not screen nor investigate users to verify their backgrounds or statements. We do not warrant the conduct of any user or the veracity of any information they provide.
At no time shall we be liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or that of anyone else in connection with Our website or services, including but not limited to: bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the use of Our website or services. Therefore, you agree to take reasonable precautions and to exercise personal care when interacting with any individual you contact through the use of Our website or services, especially if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals
OUR WEBSITE, PRODUCTS, SERVICES, CONTENT AND LINKS ARE PROVIDED “AS IS”, AND ARE PROVIDED WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC), ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) USE OF OUR SERVICES WILL MEET YOUR REQUIREMENTS. USE OF THE WEBSITE, APP, SERVICES, CONTENT, URL AND LINKS ARE SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We are so sure that you will be satisfied with our educational products, that we offer a 30-day money back guarantee. If you are not completely satisfied with our products or services, please notify us in writing either via email or by the U.S. Postal Service within 30 days of your purchase. We ask that you provide a 150-word request/letter explaining why you believe the product and/or service did not work for you or your child. Please understand that we are all different and individual results will vary in response to our programs.
Upon receipt of your request, we will issue a refund, which is dependent upon the manner in which you paid for the product/service. Upon implementing your refund, you will be asked to return any tangible product to our offices at the address provided. In the event you purchased digital media, you must delete and/or erase any and all files, records, or data from your computer, laptop, or other digital media device. Failure to do so will be considered a breach of this Agreement.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) in asserting any available defenses.
LIMITATION OF LIABILITY
WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC), ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUPPLIERS OR CONTENT PROVIDERS DISCLAIM ANY LIABILITY ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE, URL, SERVICE, CONTENT, OR USER SUBMISSIONS. LIABILITY IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT OUR DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS INCURRED LIABILITY, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED U.S. DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT NO TIME SHALL OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) , ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) IN RELATION TO THE SITE, LINKS, SERVICE, CONTENT, OR USER SUBMISSIONS FOR:
INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
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 SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Both parties agree that any cause of action arising out of or related to Our services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The following arbitration and governing law provisions shall apply:
INTEGRATION AND SEVERABILITY
Your privacy is important to Us and we agree not to sell or release any private, personal, or confidential information to a third party without your permission.
WWW.MRFUNKYTEACHER.COM (AS PART OF WWW.TOTALINSPIRATIONMEDIA.COM LLC) shall not be liable for any failure to perform its obligations hereunder when such failure results from events beyond Our control, including but not limited to: mechanical, electronic, communications failure or degradation (including “line-noise” interference).
We may assign or transfer Our rights and obligations under this Agreement. This Agreement does not create an agency, partnership, joint venture, or employment relationship and neither party has the authority to bind the other in any manner.
MrFunkyTeacher at gmail dot com or TotalInspirationMedia at gmail dot com
Sergeant Bluff, Iowa 51054
Effective Date: Starting on May 18, 20018 to Current