Updated: June 15, 2013
PLEASE READ THIS COPYRIGHT POLICY BEFORE ACCESSING OR USING THE MSP WEBSITE AND/OR PRODUCTS OR SERVICES OFFERED ON THE MSP WEBSITE.
The MindSpark Partners website (www.MindSparkPartners.com) (the “MSP Website”) is owned and operated by MindSpark Partners, LLC (“MSP”). The MSP Website exists to provide educators with an online marketplace to buy and sell educational and other related products and materials (“Teaching Content”) from each other and from MSP and other providers.
MSP provides the MSP Website and all information, content (including Teaching Content), applications, plans, products and services available on the MSP Website, including the online marketplace, membership registrations, online forums, feedback loops, bulletin boards, webinars, wikis and chats (the “MSP Products and Services”), subject to this Copyright Policy and all other terms and conditions set forth in the Terms of Service and Use (Sellers) and Terms of Service and Use (Buyers), of which this Copyright Policy is a part (click here to view the MSP Terms of Service and Use Agreements (the “Use Agreements”). Please read this Copyright Policy and the Use Agreements carefully before accessing or using the MSP Website, registering for membership at the MSP Website, opening an MSP buyer account, offering to sell or selling any Teaching Content on the MSP Website, offering to buy or buying any Teaching Content on the MSP Website, or accessing or using any other MSP Products and Services. By accessing and using the MSP Website, registering for membership at the MSP Website, opening an MSP buyer account, offering to sell or selling any Teaching Content on the MSP Website, offering to buy or buying any Teaching Content on the MSP Website, or accessing or using any other MSP Products and Services, you confirm your acknowledgment and understanding of this Copyright Policy and you thereby accept to be bound by this Copyright Policy and the Use Agreements without limitation, qualification or change by you. If at any time you do not agree to this Copyright Policy and all terms and conditions of the Use Agreements, which may be modified by MSP at any time in its discretion and without direct notice (unless prior notice is required by law), you must immediately discontinue use of the MSP Website and the MSP Products and Services.
In this Copyright Policy, “we”, “us” or “our” refer to MSP, and “you” or “your” refer to each visitor, user, or customer of the MSP Website and/or the MSP Products and Services. Capitalized terms not defined herein have the meanings set forth in the Use Agreements.
The MSP Website contains proprietary information and material belonging to MSP (or information and material that other suppliers have licensed to MSP for its use) which is protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. MSP owns and retains all proprietary rights worldwide in and to all such information and material, including (without limitation) all copyright, trademark and other similar rights. You may not use MSP proprietary material except as expressly permitted in this Copyright Policy and in the Use Agreements and under applicable U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the information or materials available on the MSP Website is expressly prohibited.
You acknowledge and agree that the MSP information and materials on the MSP Website (and the licensed information and materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause MSP and/or its suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the terms of this Copyright Policy by you, or any subscriber or end-user, may be enforced by MSP and/or any of its suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You expressly agree that any supplier of any portion of any licensed materials may enforce its rights against you, even though that supplier is not a party to this Copyright Policy or the Use Agreements.
Except with the express prior written consent of MSP or as otherwise expressly permitted in this Copyright Policy or in the Use Agreements, you may not and may not permit others to: (1) reproduce, publish, distribute, sell, or otherwise access or use any material or information retrieved or downloaded from or contained in or on the MSP Website, including the Teaching Content, in any manner whatsoever that may infringe any copyright or proprietary interest of MSP or any other person; (2) distribute any material or information retrieved or downloaded from or contained in or on the MSP Website to other users not duly authorized to access the MSP Website and/or such information and materials; (3) download, distribute, rent, sublicense, lease, transfer, assign, enter into a database, display, modify, post or use on any other computer-related environment, any information or materials retrieved or downloaded from or contained in or on the MSP Website, including Teaching Content and MSP Products and Services; or (4) de compile, disassemble, or otherwise reverse-engineer the MSP Website or materials or information retrieved or downloaded from or contained in or on the MSP Website or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
Other trademarks, service marks, product names and company names or logos appearing on the MSP Website or in any MSP Products and Services that are not owned by MSP may not be used without the express consent of their owners.
If you breach any provision of this Copyright Policy or the Use Agreement, MSP may immediately terminate your Member account and/or MSP buyer account and all licenses granted hereunder, if any, without prior notice and in addition to any other available rights and remedies.
Additionally, unless otherwise expressly permitted by MSP or in this Copyright Policy or in the Use Agreements, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of the MSP Website, or frame the MSP Website, or any web page or material herein, nor may any entity include a link to any aspect of the MSP Website in an email for commercial purposes, without the express written permission of MSP or as otherwise permitted in this Copyright Policy or in the Use Agreements. Further, unless otherwise expressly permitted by MSP or as otherwise permitted in this Copyright Policy or in the Use Agreements, you agree not to link to MSP’s intellectual property so as to cause you or anyone else to access MSP’s intellectual property other than through the MSP Website.
You may inquire about obtaining permission by writing:
MindSpark Partners, LLC
P.O. Box 76
Chesterfield, MO 63006
By Email: firstname.lastname@example.org
2. Copyright Infringement
MSP respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any Teaching Content or other related information or materials to MSP, you are granting permission to have this material posted on the MSP Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. This MSP reserves the right to terminate or remove access to infringing material and/or to disable and/or terminate the accounts of Teacher-Sellers and TeacherBuyers who we believe are infringing copyrighted works. Such actions do not affect or modify any other rights MSP may have under law or contract. .
3. Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the DMCA, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
MindSpark Partners, LLC
P.O. Box 76
Chesterfield, MO 63066
By Email: email@example.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MSP to locate the material.
• Information reasonably sufficient to permit MSP to contact the complaining party, such as an address, telephone number, and, if available, an email address.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• 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.
Any other helpful information (e.g., a copy of any copyright registration) would also be appreciated. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
4. Review of Notices
Once a DMCA notice is received, we will review your notice. If your notice contains all of the appropriate information under the DMCA, and if we believe in good faith that the material in question is being used in a way that constitutes copyright infringement, then we will promptly remove or disable access to the infringing material.
If material that you have posted on the MSP Website has been removed or disabled due to alleged copyright infringement, you may send our DMCA Designated Agent a counter-notification containing the following information:
1. Identification of the material that has been removed or disabled, including a description of the where the material in question appeared on the MSP Website before it was removed or disabled;
2. Statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or blocked as a result of a mistake or misidentification of the material in question;
3. Your contact information, including full name, mailing address, telephone number, and email address;
4. Statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which MSP is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
5. Your electronic or physical signature.
Once received, MSP will review your counter-notification and will take action that we believe in good faith to be appropriate.
End of Copyright Policy
Revised June 15, 2013