TERMS AND CONDITIONS

 

Terms of Use

 

These Terms govern your use of the Site and the Services on it. Please read these Terms carefully as your access to this Site or use of the Site or Services in any way means you accept these Terms and agree to be bound by them. If you do not agree to these Terms, you must stop accessing or using this Site and the Services. These Terms of Use (“Terms”) apply to your use of the websites and online offerings provided by The Shattered Ground and any web pages that display a direct link to these Terms (collectively the “Site”), and all web hosted services accessible through the Site, including but not limited to online forums, training, support services, downloadable content or other downloads of software (the “Services”). You may be referred to in these Terms as “you” or “your.” Any user (including you) may be referred to in these Terms as “User”.

 

Changes to the Terms or Site

 

The Shattered Ground may, in its sole discretion, modify the Terms at any time effective upon posting the modified Terms on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site and the Services if you do not agree to the amended terms, and to provide The Shattered Ground notice to remove you from any distribution list or other communication list that are available to you through registration on this Site. YOUR CONTINUED USE OF THE SITE OR ANY MATERIALS OR SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS. The Shattered Ground may at any time and from time to time modify or discontinue, temporarily or permanently, the Site (or any part of it). The Shattered Ground shall not be liable to any User or other third party for any such modification, suspension or discontinuance. The Shattered Ground may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and sites are subject to and governed by these Terms.

 

Third Party Offerings and Sites

 

The Site may contain or reference links to Third Party Sites, Third Party advertising or a variety of Third Party offerings. Some of those links are provided as a convenience only. The inclusion of any link or reference to a Third Party service, product, promotion or any other offering, is not, and does not necessarily imply any affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by The Shattered Ground. If you decide to use a Third Party service, product, promotion or any other offering, you are responsible for reviewing, understanding and accepting the terms and conditions defined by the Third Party (including their privacy policies). You agree that The Shattered Ground, is NOT liable or responsible for the performance of the Third Party service, product, promotion or any other offering, as well as, the information defined in such Third Party relationships as well as your use or inability to use such Third Party offerings.

 

Reporting Concerns or Disputes

 

If you believe a third party is violating these Terms (such as posting offensive material), you may report such abuse to contact@theshatteredground. The Shattered Ground has no obligation to monitor Submissions made on the Site. The Shattered Ground does, however, have the right to monitor such Submissions and to disclose third party information in accordance with the The Shattered Ground. Privacy Policy, which policy forms part of the Terms of Use of the The Shattered Ground Sites.

 

Creating an Account

 

Certain Services available through this Site require the User to complete the registration process to create an account. Such Services may include (but are not limited to) participating on online community portions of this Site, and setting personal preferences for use on the Site. As part of the registration process, you are required to provide certain information, including your first and last name, and a username. Please consider that parts of this information will be made available within The Shattered Ground “class” framework to verify valid student/teacher relationships, in accordance with our Privacy Policy. Any personally identifiable information you provide in the account creation or maintenance process will be managed by TEACH Magazine in accordance with its Privacy Policy.

 

You agree that the information that you supply during the registration process will be true, current, accurate and complete, and you agree not to (i) register under the name of another person; (ii) choose a username that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading Site Users as to your true identity; (iv) choose a username that incorporates a solicitation (e.g. your product, your services, your Site); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other Site User, Moderator (Host) or any The Shattered Ground employee, Officer or Director. You agree to maintain and promptly update your registration data as necessary to keep it true, current, accurate and complete.

 

If, after investigation, The Shattered Ground has reasonable grounds to suspect that any registered User's information is untrue, inaccurate, not current or incomplete, The Shattered Ground may suspend or terminate that registered User’s account and prohibit any and all current or future use of the Site (or any portion of it) by that User. The Shattered Ground is concerned about the privacy and safety of all its Users, and in particular, of children. Some portions of this Site may allow individuals under the age of 18 to participate in forums limited to a specific User group and subject to the registration process, identity verification and other additional terms of use of that forum.

 

Security

 

You are responsible for maintaining the confidentiality of your passwords and account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account, including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify The Shattered Ground immediately of any unauthorized use of your account or any other breach of security. The Shattered Ground will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by The Shattered Ground or another party due to someone else using your account or username. You may not use anyone else’s account at any time, without the permission of the account holder.

 

Termination of Membership or Participation

 

Your privilege to use or access the Site and/or Services may be terminated by The Shattered Ground immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not to re-register or otherwise make use of, or attempt to use, the Site or Services. Furthermore, you acknowledge that The Shattered Ground reserves the right to take action—technical, legal or otherwise—to block, nullify or deny your ability to access the Site or Services. You understand that The Shattered Ground may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to The Shattered Ground.

 

Disclaimer of Warranties and Limitation of Liability

 

A portion of the content posted to the site is provided by registered third parties not affiliated with The Shattered Ground. Such third-party content is the sole responsibility of the person originating that content. You agree that TEACH Magazine does not control, and is not responsible in any way for this third-party content. Additionally, you agree that The Shattered Ground is not liable for, and you shall indemnify and hold TEACH Magazine, and its subsidiaries, affiliates, officers, agents, moderators and employees harmless from any claim, including reasonable attorneys’ fees, made by any third party relating to or arising out of content you submit, post, transmit or make available through the site, your use of the site, your violation of the terms of use or your violation of any rights of another. The content on the site is “as is” and carries no warranties. The Shattered Ground does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the site, regardless of who originates that content. The Shattered Ground does not warrant that the site is secure, free from bugs, viruses, interruption, errors, or other limitations. The Shattered Ground does not warrant that use of the site, or any content, service, search or link on it will produce certain results. You expressly understand and agree that you bear all risks associated with using or relying on that content. The Shattered Ground is not liable or responsible in any way for any content posted on or linked from the site, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content or services. The Shattered Ground cannot ensure the files you download from the site are free of viruses or contamination or destructive features, nor can it ensure that the website will be error-free or uninterrupted. No warranty of any kind, implied, express, or statutory, including any implied warranties of merchantability and fitness for particular purpose, is given in conjunction with the information and materials contained on, functions of, or services offered on, this site. The Shattered Ground further disclaims any and all liability for the acts, omissions, and conduct of any third parties or site users in connection with the site and services. To the maximum extent permitted by applicable law, The Shattered Ground and its representatives are not liable for any indirect, special, exemplary, incidental, or consequential damages or for any damages relating to loss of business, telecommunication failures, loss, corruption, security or theft of data, loss of profits or investment, accounting positions taken by you, or the like, whether based in contract, tort (including negligence), strict liability, product liability or otherwise, even if The Shattered Ground or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between TEACH Magazine and you. The Shattered Ground would not be able to have provided the site without such limitations.

 

General Terms

 

The Terms are a complete statement of the agreement between you and The Shattered Ground, and set forth the entire liability of The Shattered Ground and your exclusive remedy with respect to your access and use of the Site. Any waiver of the terms herein by The Shattered Ground must be in a writing signed by an authorized officer of The Shattered Ground and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The Terms will be governed by Ontario law and the applicable federal laws of Canada as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree that such dispute may be resolved with personal jurisdiction by, and the choice of forum or venue shall be in, the provincial and federal courts of the Province of Ontario, City of Toronto, and such courts will have exclusive jurisdiction. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that The Shattered Ground may have under trade secret, copyright, patent or other laws. The Shattered Ground reserves the right at all times to disclose any information as The Shattered Ground deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Shattered Ground’s sole discretion. The Shattered Ground, The Shattered Ground’s Board, and The Shattered Ground related brands are trade-marked and may be registered in the Canada, United States and other jurisdictions. Other brands, logos and marks are trade-marked.

 

 

PRIVACY POLICY

 

Our Commitment To Privacy

 

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

 

The Information We Collect

 

This notice applies to all information collected or submitted on The Shattered Ground website. On some pages, you can register, post comments, submit content and access materials. The types of personal information collected at these pages are: Name, Address, Email address.


The Way We Use Information

 

  1. Personal Information: We use information to establish your The Shattered Ground accounts, provide support for user’s accounts, and to update users on updates and changes to The Shattered Ground site. We use return email addresses to answer the use inquires we receive. Such addresses and numbers are not used for any other purpose and are not shared with outside parties unless explicitly authorized by the user.
  2. Non-identifying User Information: We use non-identifying and aggregate information to:
    • Better design our website
    • Better design our educational content
    • Better design educational design, teaching tools and assessment tools
    • Run research studies
  3. Sharing with Partners. For example, we may tell a partner that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we will not disclose anything that could be used to identify those individuals.

 

We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

 

Our Commitment To Data Security

 

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

 

Our Commitment To Children’s Privacy

 

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18.

 

How You Can Access Or Correct Your Information

 

You can access all your personally identifiable information that we collect online and maintain once you have logged in on The Shattered Ground Site. We use this procedure to better safeguard your information.

 

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

 

How To Contact Us

 

contact@theshatteredground.com

 

Copyright © 2014  TEACH Magazine

 

Funded by the Government of Canada.

Financé par le gouvernement du Canada.

Terms & Conditions and Privacy Policy

Nous reconnaissons l'appui financier

du gouvernement du Canada.