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Terms and Conditions of Use
Terms & Conditions:
1. ACCEPTANCE OF TERMS

This document contains the "Terms of Use" relating to the web pages at www.educatorslogin.com ("Site"), which are owned and operated by Hit Factory, Inc. d/b/a/ Educatorslog.in ("Educatorslog.in"), a Delaware, U.S.A. corporation.

The Terms of Use form a legally binding agreement and are applicable to you ("You"), Your use of the Site and any services provided on or through the Site ("Services"), through any means of access. If You do not wish to be bound by the Terms of Use, please discontinue using and accessing the Site immediately. By registering to use, accessing or using any part of the Site or Services, You agree to become bound by the Terms of Use.

2. MODIFICATIONS OF TERMS OF USE

Educatorslog.in reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time, and You agree that by using the Site You will be bound by any such modifications or replacements as of the time they are posted on the Site or made available through the Site (e.g. via hyperlink). If the alterations constitute a material change to the Terms of Use, Educatorslog.in will notify You by posting an announcement of such changes on the Site or by sending an email announcement to the email address You last provided to Educatorslog.in. What constitutes a "material change" will be determined at Educatorslog.in's sole discretion, in good faith. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Site and Services by You following such notification constitutes Your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Educatorslog.in may offer to provide certain Services, including without limitation, access to Content as defined below and more fully on the Site. Services shall include, but shall not be limited to, the offering of any materials or media, displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips (collectively, "Content")) on the Site. Educatorslog.in may change, suspend or discontinue any and all Services for any reason and at any time, including the provision or availability of any feature or Content. Educatorslog.in may also impose limits on certain features and Services or restrict Your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, You must register with Educatorslog.in and select a screen name and password ("User ID"). You represent and warrant that You have provided and that you will provide Educatorslog.in with accurate, complete, and updated registration information. In the event that any of Your registration information changes in the future, You will promptly update Your registration information on the Site.

Failure to provide accurate, complete, and updated registration information shall constitute a breach of the Terms of Use, which may result in immediate termination of Your Educatorslog.in account, and will void Your rights, but not Your obligations, under these Terms of Use. You may not select or use a User ID name (i) that impersonates another person; (ii) that constitutes a name subject to any publicity, proprietary, or other rights of a person other than You without appropriate authorization; or (iii) that is otherwise offensive, vulgar or obscene. Educatorslog.in reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. You are solely responsible in all respects for: (a) all use of the Site made using Your User ID, and (b) maintaining the confidentiality of Your User ID.

Only one individual may access the Site at the same time using the same User ID. You agree to notify us immediately of any unauthorized use of Your email address or User ID or any other breach of security regarding the Site of which You are aware.

DO NOT SHARE YOUR PASSWORD WITH ANYONE. Educatorslog.in will not ask You for Your User ID (including Your password). If You know or suspect that Your User ID or password has been compromised, change Your password immediately.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If You do not so qualify, do not attempt to register for or use the Services.

5. USER CONDUCT

Educatorslog.in may now or in the future permit the submission of text, graphics, videos or other communications or Content submitted by You and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Educatorslog.in does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Educatorslog.in to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms of Use; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Terms of Use.

You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to the Site, You hereby grant Educatorslog.in a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Educatorslog.in's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access Your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.

By way of example, and not as a limitation, You agree not to use the Services:

   1. to abuse, harass, threaten, impersonate or intimidate other Educatorslog.in users, or to otherwise interfere with another entity's or user's use and enjoyment of the Site;
   2. to contribute or post any Content that is infringing, libelous, defamatory, obscene, pornographic, indecent, abusive, threatening, harassing, offensive, misleading, inaccurate, or otherwise violates any law or right of any third party, including but not limited to rights of privacy or publicity or intellectual property rights;
   3. for any illegal or unauthorized purpose or otherwise to violate the laws in Your jurisdiction, or to encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Without limiting the foregoing, You agree to comply with all laws of Your jurisdiction regarding online conduct, acceptable content, and copyright;
   4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Educatorslog.in user;
   5. to upload, download, transmit or otherwise distribute (including via third party sites) any viruses or other disruptive or destructive files;
   6. to create or submit unwanted email ("Spam") to any other Educatorslog.in users or any URL, or otherwise to post advertisements or solicit business;
   7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
   8. with the exception of accessing RSS feeds, You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
   9. with the intention of artificially inflating or altering the 'Educatorslog.in count', blog count, comments, or any other Educatorslog.in service, including by way of creating separate user accounts for the purpose of artificially altering Educatorslog.in's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Educatorslog.in's services. 

Educatorslog.in does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Educatorslog.in expressly disclaims any and all liability in connection with User Submissions. Educatorslog.in may remove any Content and Educatorslog.in accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@educatorslogin.com.

6. COPYRIGHT COMPLAINTS

Each entity providing Services made available through the Site is a "service provider" as defined in 17 U.S.C. § 512(k). It is Educatorslog.in's policy to respond expeditiously to claims of infringement. Educatorslog.in will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Educatorslog.in will terminate access for users and account holders who are repeat infringers.

If You believe in good faith that Your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, and You want this material removed, You must provide the Site with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We suggest that You first contact an attorney for legal assistance on this matter.

To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following (please consult an attorney or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

    * 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 the service provider to locate the material.
    * Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    * 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.

Send the written infringement notice and the materials above to our "Designated Agent" the following address:

Copyright Agent
Hit Factory, Inc.
d/b/a Educatorslog.in
5410 Trinity Road, Suite 400
Raleigh, NC 27607
Phone: 617.549.6586
Fax: 1509.272.5366
Email: copyrightagent@educatorslogin.com

Upon receipt of notices complying, or substantially complying, with the DMCA and this section, Educatorslog.in may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

7. EDUCATORSLOG.IN PRIVACY POLICY

Educatorslog.in's current privacy policy is available at www.educatorslogin.com/node/26 (the "Privacy Policy"), which is incorporated herein by this reference.

8. EDUCATORSLOG.IN INTELLECTUAL PROPERTY RIGHTS

Educatorslog.in is the sole owner of the Site, Services, and Content including without limitation, the Site's code, text, graphics, software, scripts, photos, sounds, music, videos, interactive features, and logos and all intellectual property rights associated therewith (excluding Content provided by You or third parties, and unless otherwise expressly indicated by Educatorslog.in). In addition, the overall look and feel and the compilation of all materials and content on the Site are owned by Educatorslog.in.

You are not authorized to use any portion of the Site or any other Educatorslog.in intellectual property on any other site, in the meta-tags of any other site or in any other materials. You may not modify, publish, create derivative works, copy, display, perform, distribute, or otherwise use any of the Site or frame the Site within any other site, without the prior written consent of Educatorslog.in. Content on the Site is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Educatorslog.in reserves all rights not expressly granted in and to the Site and the Content. If You download or print a copy of the Content for personal use, whether or not authorized by Educatorslog.in, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

9. INDEMNITY

You will indemnify and hold harmless Educatorslog.in, its parents, subsidiaries, affiliates, owners, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and costs) from any claim or demand made by any third party due to or arising out of Your access to the Site, use of the Services, violation of the Terms of Use by You, or the infringement by You, or any third party using Your account or User ID, of any intellectual property or other right of any person or entity.

10. WARRANTY DISCLAIMERS

YOU AGREE THAT THE SITE IS PROVIDED "AS-IS" AND THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EDUCATORSLOG.IN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EDUCATORSLOG.IN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. EDUCATORSLOG.IN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EDUCATORSLOG.IN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Educatorslog.in makes no representations that the Site is appropriate or available for use in all jurisdictions and locations. Those who access or use the Site do so at their own volition and are responsible for compliance with local law.

11. LINKS

The Site may provide links to other World Wide Web sites or resources. Because Educatorslog.in has no control over such sites and resources, You acknowledge and agree that Educatorslog.in is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such sites or resources. You further acknowledge and agree that Educatorslog.in shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, privacy policies, goods or services available on or through any such site or resource.

12. LIMITATION OF LIABILITY

You acknowledge that Educatorslog.in has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the 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 release Educatorslog.in from all liability for You having acquired or not acquired Content through the Site. The Site may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. Educatorslog.in makes no representations concerning any content contained in or accessed through the Site, and Educatorslog.in will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. IN NO EVENT SHALL EDUCATORSLOG.IN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICES OR THE SITE, INCLUDING BUT NOT LIMITED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EDUCATORSLOG.IN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EDUCATORSLOG.IN TO YOU FOR DIRECT DAMAGES EXCEED US $200.

13. TERMINATION

Educatorslog.in may in its discretion terminate or suspend any and all Services and Your Educatorslog.in account immediately, without prior notice or liability, if You breach any of the terms or conditions of the Terms of Use. Upon termination of Your account, Your right to use the Services will immediately cease. If You wish to terminate Your Educatorslog.in account, You may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. MISCELLANEOUS

This Agreement constitutes the entire, final and exclusive agreement between the parties and supersedes any and all other prior or contemporaneous oral or written representations or agreements between the parties relating to the subject matter hereof.

You shall have no right to assign this Agreement or any of Your obligations hereunder. Educatorslog.in may assign this Agreement and any of its rights hereunder to third parties. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.

Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of North Carolina, without regard to its choice of law provisions. The parties agree that any dispute involving Company related to this Agreement or our Site that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Raleigh, NC, USA. The arbitration shall be conducted by a single arbitrator and shall be conducted in English. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, You agree that Educatorslog.in may seek injunctive or other equitable relief in any court of competent jurisdiction, and You further agree to jurisdiction and venue in Wake County, North Carolina. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.

Each party shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or it subcontractors or suppliers. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labor disturbance or shortage, act of public enemy, failure or delay in transportation, communications or electronic failures, act of any government affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever. You do not have any authority of any kind to bind Educatorslog.in in any respect whatsoever.

15. TRADEMARKS

EDUCATORSLOG.IN , elog and EDUCATORSLOGIN.COM and other Educatorslog.in graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Educatorslog.in in India, the United States, and/or other countries. Educatorslog.in's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
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