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| Website Terms of Useage
LEGAL TERMS OF WEBSITE USE PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
SITE
The Materials on Casio websites (the "Sites") are provided by Casio
as a service to its customers and may be used for informational purposes only.
All uses of the Materials or the Sites are subject to the terms and conditions
of this legal notice (the “Terms”). By viewing the Sites or downloading any Materials
from the Sites, you agree to these Terms. If you do not agree to the Terms, do
not view the Sites or download any Materials from them.
1. LICENSE. You may browse the Sites for personal entertainment and information.
You may not distribute, modify, transmit or revise the contents of the Sites without
the written permission of Casio.
2. PROTECTED INFORMATION. The Materials at the Sites are copyrighted and protected
by trademark and other intellectual property laws. Any unauthorized use may violate
copyright, trademark, and other laws. No title nor intellectual property rights
are transferred to you or any third party through the use of or access to the
Sites. All rights, title, and interest in and to all aspects of the Sites remain
the sole property of Casio or its authorized third-party suppliers and service
providers. You may download one copy of the text, graphics, sounds, files, software
or other information found on the Sites (the "Materials") on a single
computer for your personal, non-commercial internal use only, unless specifically
licensed to do otherwise by Casio in writing or as allowed by any license terms
that accompany or are provided with the individual Materials. Under the Terms,
you are granted a limited license, not a transfer of title, and your license is
subject to the following restrictions: you may not: (a) modify the Materials or
use them for any commercial purpose, or any public display, performance, sale
or rental; (b) decompile, reverse engineer, or disassemble software Materials
except and only to the extent permitted by applicable law; (c) remove any copyright
or other proprietary notices from the Materials; (d) transfer the Materials to
another person.
3. NO WARRANTY. THE MATERIALS AND THE SITES ARE PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Casio and its suppliers further do not warrant the accuracy or completeness of
the information, text, graphics, links or other items contained within the Materials.
Casio may make changes to the Materials and the Sites at any time without notice.
Casio makes no commitment to update the Materials or the Sites. Neither Casio
nor its third-party suppliers or service providers warrant that the Sites or associated
server computers are free of viruses or other harmful components. You solely (and
not Casio) assume the entire cost of all necessary servicing, repair, or correction
to your equipment, computers, software, or data resulting in any way from viewing
or downloading the Materials or otherwise using the Sites.
4. DISCLAIMER. IN NO EVENT SHALL CASIO BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE MATERIALS, EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
5. USER SUBMISSIONS.
a. Except as otherwise expressly specified in our Privacy Statement, on our
web site pages or in these Terms, any information, communications or materials
that you post or transmit to the Sites ("Communications") are, and will
be treated as, non-confidential and non-proprietary, and shall forever be the
exclusive property of Casio. By transmitting or posting any Communications on
the Sites, you grant to Casio or its designees a perpetual, royalty-free, fully
paid-up world-wide license to use, distribute, sublicense, lease and market (directly
or indirectly through agents and distributors), display, perform, modify and have
modified, reproduce, copy and have copied, publish and prepare derivative works
thereof in any form and format and in any media in existence or hereinafter developed,
the Communications and any and all information contained therein. Casio and its
designees will be free to copy, disclose, distribute, incorporate and otherwise
use the Communications and all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial purposes. This section 5.a.
applies to the articles and publishings authored by educators that are Casio Education
members (see http://www.CasioEducation.com), and that are submitted to Casio in
response to Casio award offerings. This section 5.a. also applies to lessons,
activities, message board discussions and other materials submitted by educators
to Casio on the Sites, via e-mail, or otherwise.
b. You may not post or transmit any unlawful, threatening, libelous defamatory,
obscene, pornographic, indecent or profane material, or any material that could
constitute or encourage conduct that would be considered a criminal offense or
violate any law or regulation.
6. USER REPRESENTATIONS; INDEMNIFICATION.
a. You represent and warrant that: (a) the information you provide to Casio
on any forms on the Sites is true and accurate; (b) you will at all times comply
with all applicable laws, rules, and regulations with respect to your use of the
Sites; (c) you will not use the Sites in connection with making Communications
or otherwise, to infringe, misappropriate or violate the rights of Casio or third
parties; (d) you will only make Communications of information to which you have
sufficient rights to grant the license set forth in Section 5., above; (e) you
will not knowingly include in Communications or otherwise introduce to the Sites,
any viruses or other items of a destructive nature; and (f) you will comply at
all times with these Terms for the Sites as they may be amended from time to time
by Casio.
b. By accessing and/or using the Sites under these Terms, you further agree to
and authorize all Casio policies under its Privacy Statement, including but not
limited to policies regarding disclosure of personally identifiable information.
c. If you are granted access to any protected areas of the Sites by a password
protected account, you agree to be responsible for maintaining the confidentiality
of the password(s) of such account(s), and to be fully responsible for all activities
that relate to the use or misuse of your password(s). You agree to notify Casio
immediately of any unauthorized use of your password(s).
d. You agree that with respect to any special promotions, coupon offers, sweepstakes,
or other like activities offered on the Sites, that you will abide by the rules
established by Casio for such activities as described on the Sites. For coupon
offers, you agree to only print the authorized number of coupons as specified
by the particular promotion on the Sites.
e. You will indemnify and hold harmless Casio against any and all judgments, settlements,
penalties, costs and expenses (including attorneys' fees) paid or incurred in
connection with claims due to, resulting from or arising in connection with Communications
made distributed, displayed, transmitted or published by you, including but not
limited to those attributable to (a) infringement, misappropriation or violation
of any copyrights or other proprietary rights of any third party, and (b) errors
in or omissions from such Communications.
7. USE OF MARKS. Casio only purports to use names, logos or marks appearing
in the Sites in those territories in which it or its affiliates are entitled to
do so, whether by virtue of pending or registered trademarks, licenses, or otherwise.
Casio does not purport to use any name, logo or mark in any territory in which
it is not so entitled, and will not supply or offer to supply products and/or
services bearing any such name, logo or mark into any such territory. The use
or misuse of these trademarks or any other Materials is strictly prohibited.
8. TERMINATION OF THIS LICENSE. Casio may terminate this license at any time
if you are in breach of these Terms. Upon termination, you will immediately destroy
any copies of the Materials in your possession.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Materials are provided with "RESTRICTED
RIGHTS." Use, duplication or disclosure of the Materials by the U.S. Government
and parties acting on its behalf is governed by, and subject to the restrictions
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Use of
the Materials by the Government constitutes acknowledgment of Casio's proprietary
rights in them.
10. USE OF PERSONALLY IDENTIFIABLE INFORMATION. All use of personally identifiable
information submitted by you to Casio via any forms on the Sites is governed by
the terms of Casio's Privacy Statement.
11. LINKS TO / FROM OTHER SITES.
a. Third party sites may be linked to or from the Sites. Such linked sites
are not under the control of Casio, and Casio is not responsible for the content
of any linked site or any link contained in a linked site. Casio reserves the
right to terminate any link or linking program at any time. Casio does not endorse
companies or products to which it links, unless it expressly states otherwise.
If you decide to access any of the third party sites linked to the Sites, you
do this entirely at your own risk.
b. You may provide links to the Sites from other sites provided that (a) you link
only to the Sites’ home pages, (b) you do not remove or obscure, by framing or
otherwise, any identifications, advertisements, copyright notice, or other notices
on the Sites, (c) you give Casio notice of such link via e-mail or certified postal
mail, and (d) you discontinue providing links to the Sites if requested by Casio.
12. GENERAL.
a. Casio maintains offices within the United States of America from which it
may administer the Sites. Casio makes no representation that Materials in the
Sites are appropriate or available for use in other locations, and access to them
from territories where their content is illegal is prohibited. Those who choose
to access the Sites from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export
the Materials in violation of U.S. export laws and regulations. You agree that
any claim relating to the Materials shall be governed by the substantive laws
of the State of New Jersey, and you agree to personal jurisdiction therein
b. Casio may revise these Terms at any time by updating this posting. You should
visit this page from time to time to review the then-current Terms because they
are binding on you. Certain provisions of these Terms may be superseded by additional
express legal notices or terms posted on particular pages of the Sites. Continued
use of the Sites following any change constitutes acceptance of the change.
c. You may terminate your access to the Sites at any time. Casio may suspend or
discontinue providing the Materials to you with or without cause and without notice.
Casio may pursue any other remedy legally available to it if you fail to comply
with any of your obligations hereunder.
d. Except as otherwise provided herein, all notices and other communications hereunder
shall be in writing or displayed electronically on the Sites by Casio. Notices
shall be deemed to have been properly given: 1) on the date deposited for postal
mail; 2) on the date first made available, if displayed in the Sites; or 3) on
the date received, if delivered in any other manner. Notices to you may be sent
to any of the addresses provided by you on any form on the Sites. Except as expressly
directed otherwise by Casio herein or elsewhere in the Sites, notices to Casio
should be sent to: Casio, Inc., 570 Mt. Pleasant Avenue, Dover, NJ, USA.
e. The failure of Casio to enforce any provision hereof shall not constitute or
be construed as a waiver of such provision or of the right to enforce it at a
later time.
f. You may not assign your rights or delegate your duties under these Terms.
g. These Terms constitute the entire agreement between the parties with respect
to the subject matter hereof. All prior agreements, understandings, negotiations
or representations, whether oral or in writing, relating to the subject matter
hereof are superseded and canceled in their entirety.
h. If any provision hereof is adjudged to be invalid, void, or unenforceable,
the parties agree that the remaining provisions hereof will not be affected thereby,
that the provision in question may be replaced by the lawful provision that most
nearly embodies the original intention of the parties, and that these Terms for
the Sites will in any event remain valid and enforceable.
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