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Terms Of Service
Introduction
This EinsteinsTopSecretScience.com.au website (the "Service") is owned
and operated by Einstein's Top Secret Science ("ETSS") and contains
material that is protected by state, national and international
copyright, trademark and other intellectual property laws. Unless
otherwise specified, the Service is intended for your personal,
noncommercial use only. You may not modify, copy, reproduce, republish,
upload, post, transmit or distribute in any way any material, including
code and software, from the Service. You may download material from the
Service and may use the Service for your personal, non-commercial use
only, provided you keep intact all copyright and other proprietary
notices.
As part of our Service, ETSS agrees to provide you with information and
other services subject to these Terms of Service. You agree to use the
Service in accordance with these Terms of Service, our Privacy Policy,
and any additional terms and conditions that may apply to specific
sections of the Service or to products and services available through
the Service. Accessing the Service, in any manner, for the purpose of
obtaining information, technical or otherwise, about the Service,
constitutes use of the Service and your agreement to be bound by these
Terms of Service. Because the Web is an evolving medium, we may need to
change these Terms of Service or impose new conditions on use of the
Service, from time to time, in which case we will post the revised
Terms of Service on this website. By continuing to use the Service
after we post any such changes, you accept the Terms of Service, as
modified.
You may establish a hypertext link to this Service so long as the link
does not state or imply any sponsorship of your site by ETSS. However,
you may not, without the prior written permission of ETSS, frame any of
the content of the Service, or incorporate into another website or
other service any material, content or intellectual property belonging
to ETSS, its parent or affiliate companies, or any of their licensors.
Use of Science Experiments and Science Demonstrations
The science demonstrations, tricks, effects, stunts and ideas offered
by the Service are intended for professional teachers who are using the
content to enhance their classroom science curriculum only. This
material is not intended to be repurposed in any form by
non-traditional science educators (including but not limited to
informal science educators, performers, actors, television shows,
publishers, science education companies) who receive financial gain for
the display of this content.
Readers of the Service are permitted to present the science
demonstrations, tricks, effects, experiments, stunts and other content
in a non-recorded, non-broadcast, live, teaching, classroom setting
only. They are not permitted to translate, or otherwise use,
demonstrate, display, or perform the contents within other than live,
first person classroom setting. All broadcasts, narrowcast, Internet,
Intranet, YouTube, and any and all other uses are strictly withheld by
ETSS and permission for all other uses by anyone other than Einstein's
Top Secret Science must otherwise be obtained in writing first. Einstein's Top Secret Science retains all manufacturing rights for the content presented at www.EinsteinsTopSecretScience.com.au and its subsidiary websites.
Registration
To access certain features of the Service, ETSS may ask you to provide
certain demographic information including your gender, year of birth,
zip code and country. In addition, if you elect to sign-up for a
particular feature of the Service, such as chat rooms, web logs, or
bulletin boards, you may also be asked to register with ETSS on the
form provided and such registration may require you to provide
personally identifiable information such as your name and email
address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Service's registration
form. If ETSS has reasonable grounds to suspect that such information
is untrue, inaccurate, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of
the Service (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration
process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Service, you will need a username and
password, which you will receive through the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether
by you or by others) that occur under your password or account. You
agree to notify us immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you exit
from your account at the end of each session. ETSS cannot and will not
be liable for any loss or damage arising from your failure to protect
your password or account information.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence,
shall ETSS, its subsidiary and parent companies or affiliates be liable
for any direct, indirect, incidental, special or consequential damages
that result from the use of, or the inability to use, ETSS materials,
products, or services, or third-party materials, products, or services
made available through the Service, or any part of the Service, even if
ETSS is advised beforehand of the possibility of such damages. (Because
some states do not allow the exclusion or limitation of certain
categories of damages, the above limitation may not apply to you. In
such states, the liability of ETSS, its subsidiary and parent companies
or affiliates is limited to the fullest extent permitted by such state
law.) You specifically acknowledge and agree that ETSS is not liable
for any defamatory, offensive or illegal conduct of any user. If you
are dissatisfied with any ETSS materials, products, or services, or
with any of ETSS's terms and conditions, your sole and exclusive remedy
is to discontinue using the Service.
Termination
ETSS may cancel or terminate your right to use the Service or any part
of the Service at any time without notice. In the event of termination,
you are no longer authorized to access the part of the Service affected
by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Service, and the
disclaimers and limitations of liabilities set forth in these Terms of
Service, shall survive.
Indemnification
You agree to defend, indemnify and hold ETSS harmless from and against
any claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the web site or your violation
of any of these Legal Notices.
Miscellaneous
These Legal Notices shall be construed according to New South Wales
law, without regard to conflicts of laws. Any dispute arising under or
relating to these Terms, the Contents, the use of the web site, or
products or services purchased using this web site, shall be resolved
exclusively by the state and federal courts of the State of New South
Wales. Your use of the web site constitutes your consent to the
jurisdiction and venue of said courts with respect to any such dispute.
Questions
If you have any questions concerning the usage or licensing of
Einstein's Top Secret Science copyrighted materials, please submit your
detailed request in writing. Please be sure to include any surrounding
copy or text to the ETSS material.
Requests may be emailed to scientist@einsteinstopsecretscience.com.au
faxed to (02) 8088 6156 , or mailed to Einstein's Top Secret Science,
Attention: Legal Notices, PO Box 298, Cherrybrook, NSW, 2126. Please
read these Terms and Conditions of Use carefully before using this site.
By using this site, you signify your assent to these terms of use. If
you do not agree to these terms of use, please do not use the site. We
reserve the right, at our discretion, to change, modify, add, or remove
portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of
www.EinsteinsTopSecretScience.com.au following the posting of changes
to these terms will mean you accept those changes.
Links to Third Party Websites
Some links in this area will let you leave this site. The linked sites are not under the control of Einstein's Top Secret Science. Einstein's Top Secret Science is not responsible for the contents of any linked site or any link contained in a linked site. Einstein's Top Secret Science is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Einstein's Top Secret Science of the site.
Interactive Features of this Website
This Service may include a variety of features, such as bulletin
boards, web logs, chat rooms, and email services, which allow feedback
to ETSS and real-time interaction between users, and other features,
such as personalized homes pages and email services, which allow users
to communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms and other public posting areas on
the Service lies with each user - you alone are responsible for the
material you post. ETSS does not control the messages, information or
files that you or others may provide through the Service. It is a
condition of your use of the Service that you do not:
- Restrict or inhibit any other user from using and enjoying the Service.
- Use
the Service to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation any
transmissons constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
- Use
the Service to post or transmit any information, software or other
material that violates or infringes upon the rights of others,
including material that is an invasion of privacy or publicity rights
or that is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or rights holder.
- Use
the Service to post or transmit any information, software or other
material that contains a virus or other harmful component.
- Use
the Service to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
- Use
the Service to advertise or solicit to anyone to buy or sell products
or services, or to make donations of any kind, without the express
written approval of ETSS.
- Gather
for marketing purposes any email addresses or other personal
information that has been posted by other users of the Service.
You
understand that ETSS has no obligation to monitor any bulletin boards,
chat rooms, web logs, or other areas of the Service through which users
can supply information or material. However, ETSS reserves the right at
all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove
any information or materials, in whole or in part, that in ETSS's sole
discretion are objectionable or in violation of these Terms of Service.
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