Terms of Use and General Release

Apple Education Communities (edcommunity.apple.com)

Apple Education Communities - General Rules

Welcome to Apple Education Communities. The digital lifestyle empowers educators and students to communicate in powerful ways. Our goal is to provide a meaningful online community that fosters collaboration for the education community. The following Terms and Conditions are essential to protect community members and Apple. Members who are unwilling to follow the rules for the community site(s) are strongly advised not to join the community or subscribe to its mailing lists or forums. Establishing an account and logging in to the community site implies your agreement to abide by these rules, including our Terms of Use below.

We have fashioned rules that give our members as much flexibility as we can, while at the same time shielding them from abusers. These rules apply to all members of our community websites and lists. Extreme violations may be reported to the user's ISP for further action.

All members must create a basic profile with contact information in order to post to the site, mailing lists, blogs, gallery, or other related areas. No anonymous postings are permitted. The community websites are NOT intended for product support or bug reporting procedures to Apple. The postings are an informal communications outlet, and there is no guarantee that every posting will be read by someone at Apple.

• If you see a posting that you feel is inappropriate, please report it to the administrator of the list, or edcommunity@apple.com and the site administrator will determine the course of action.
• If a site administrator asks you to stop doing something, please stop doing it. If you disagree with the request, please feel free to contact us directly (not via the list) in a reasonable manner, but remember that the site administrators have the final authority.

There is NO TOLERANCE for:

• Attempts to "hack" the community website(s) or circumvent site security.
• Abuse of the site(s), the administrators, or the users.
• Posting chain letters or e-mail hoaxes. (If a posted hoax is already documented in one of the hoax sites like the Symantec Center or the CIAC hoax-busters page, posting it is grounds for removal from our sites.)
• Inattention to computer viruses. (If your computer becomes infected with a virus and attempts to send that virus to the mailing list, or via an uploaded attachment to the site(s), your account's posting privileges will be suspended until it is corrected. If you do it twice, you will be banned from using the site(s). Suggestion: use a virus checker, and keep the definitions updated.)
• Profanity, inappropriate language, or images with nudity or pornography. (The community postings are contributed by educators and students. We understand that tempers sometimes flare, but we will not tolerate abusive language or images containing nudity or pornography.)
• Attempts to collect e-mail addresses, or to use e-mail addresses or any user information on this site for any purpose not directly related to this site. (We explicitly deny permission for you to use any user information for any purpose other than discussions involving the mailing lists, or to collect user information off our site.)
• Spamming or commercial posts. (Commercial postings must be approved by the list server administrators before posting them. All advertising and commercial postings not directly related to the content of the list will be considered spamming and will be treated as such with banning from the site and reporting your activities to your ISP.)
• Use of the Communities for any purpose other than an intended one. (You may use the archives only for research into topics discussed on the list. You may not collect e-mail addresses from those archives, or create any public archive of these messages, or publish them in any way on any media in any form, without explicit permission of the list administrators and Apple Computer. This includes web pages, CD-ROMs, search engines, FTP sites or any collection of data taken from this site that is made publicly available.)

Apple Education Communities - Terms of Use Agreement

This Apple Education Communities Use Agreement (the "Agreement") provides important information about your use of the Apple Education Communities site (the "Site"). You should read it, understand it, and consider printing a copy for reference as you use the Site.

IMPORTANT: IF YOU USE THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AS PRESENTED TO YOU, WITHOUT CHANGES. APPLE WILL NOT ACCEPT ANY ADDITIONS OR DELETIONS. At any time Apple may change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If it does so, Apple will update the Agreement in the form of the Agreement posted at the Site and may also post such changes elsewhere on the Site.

IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

1. General Conditions of Access and Use

   The following general terms govern your access to and use of the Site:

   • To use the Site, you must have a unique user name and password combination, known as an Apple ID. Please review Apple's Privacy Policy, which describes how Apple collects, uses and protects your personal information. It is your responsibility to provide and maintain a valid email address in your profile for use of the Site. Apple cannot and will not be responsible for any problems or liability that may arise if you do not provide accurate, truthful, and complete information.
   • All users must be at least 18 years old or such minimum age as may be required by applicable local law. If you are less than 18 years of age, you must have your parent or guardian's permission to release your content to a member of the site for posting. Apple may require you to submit your parent or guardian's permission with an original signature, sent by postal mail.
2. Permitted posting

   You may not post to the Site Public Submissions that (1) consist of criticisms or comments directed to another person's race, national origin, ethnicity, religion, gender, sexual orientation, disability, or comparable characteristic, (2) are attributed to any person other than you, or (3) violates or infringes the copyright or other proprietary interest of any other person.

3. Submissions Standards

   The following standards apply to Submissions:

   • You should search or browse for existing answers before you ask a question. Someone else may have asked your question; it may save you some time and the Site some storage space and bandwidth.
   • Stay on topic. The Site is here to help Educators to exchange ideas for more effective teaching and the use of Apple products and technologies to achieve that goal. Unless otherwise noted, don't add Submissions about other topics, including things like:
   • That Apple rumor you saw on another website.
   • Discussions of Apple policies or procedures that don't have a bearing on the Site's appropriate subject matter.
   • Speculations/rumors about unannounced products.
   • The status of your 1973 MG Midget restoration.
   • Don't threadjack. Be sure your response relates to the topic. If you're reading about "iPods" and want to discuss your "iSight", find the appropriate topic or start a new one.
   • Be polite. Everyone should feel comfortable reading Submissions and participating in discussions. Apple will not tolerate flames or other inappropriate statements, material, or links. Most often, a "flame" is simply a statement that is taunting and thus arbitrarily inflammatory. However, this also includes those which are libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
   • Don't be a troll. A troll is someone who strives to disrupt a constructive conversation by posting flames or specious arguments. Trolls sometimes impersonate another user by posting under a false user name. If you have a troll in your midst, let a moderator know.
   • Post constructive comments and questions. Unless otherwise noted, your Submission should either be question or an answer that is within the Site's permitted subject matter. Don't post non-constructive complaints, polls, or petitions.
   • Do not post a URL unless it directly answers a user's question. If any portion of your Submission, including any posted URL, results in any accrual of compensation or benefit to you, then you must note this in your post by stating, "I may receive some form of compensation, financial or otherwise, from my recommendation or link."
   • Don't post personal information in forums. Think twice about posting your email or iChat address as a part of public forum or communication. If you post your email or iChat address, you could wind up on a spammer's list.
   • Don't spam your fellow users. Spam is defined as sending unsolicited email without the recipient's consent. Spam includes chain letters and advertisements.
   • No impersonations. This includes screen names and signatures.
   • No inappropriate user names. Inappropriate or offensive user names or aliases will be removed.
   • No advertising. Don't use the Site to sell or market your products to users. If you receive compensation or personal benefit from a purchase or site you advocate, or from an affiliate link, you must note this in your Submission by stating, "I may receive some form of compensation, financial or otherwise, from my recommendation or link." Advertisements for items that do not directly answer another user's question are not allowed.

   As well, the following are not allowed:

   • A Submission created solely to advertise a book, service, software or some other item for sale.
   • Any reference, including a link, to a commercial item that is not directly related to the Site's subject matter. For example: "This post created by Super Post Creator."
   • You may sign your Submissions with information about yourself. However, this should not include a link to a website. If you have a valid URL to direct someone to, post as a response to an appropriate topic, or begin a new one. Do not add to posting length with added signature items.

   Here is an example of an acceptable signature:

   Justine R.
   Author, "Cookies and the Web"

4. Keep within the Law

   Apple will not tolerate violations of Law at the Site, including the following:

   • You may not submit any material that tends or is intended to promote or commit an illegal act, or is defamatory, in Apple's sole determination.
   • You may submit only your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission. Apple may ask you to furnish a form of release that certifies that you do own or have the legal right to license your Submissions.
5. Enforcement of these Terms

   Apple may take measures to enforce these terms, including the following:

   • If you fail to abide by these terms Apple will send an e-mail that informs you that your Submission has been deleted or edited. This mail will also include a warning that continuing to break the terms of the Agreement may result in action being taken against your account or accounts. This action may include your access being placed into temporary or permanent suspension of your ability to participate in any or all of the areas on the Site.
   • If you post or send offensive or inappropriate content anywhere on or to the Site or otherwise engage in any disruptive behavior which Apple considers to be serious and/or repeated, Apple may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement.
   • Apple reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
6. Legal Provisions and Liability Limitations

   Your use of the Site is governed by the following legal provisions and liability limitations:

   • As long as you comply with the Agreement, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
   • In addition to the terms and conditions in the Agreement, all use of the Site is governed by the Apple.com Terms of Use located at www.apple.com/legal
   • In the event of any conflict between this Agreement and Apple.com Terms of Use, the terms of this Agreement will govern.
   • Apple does not endorse the views of any person expressed on the Site. References to products not bearing Apple's brand name are for reference or information only, and do not constitute a recommendation.
   • Apple does not prescreen information submitted by users of the Site ("Submissions"). Apple retains the right but not the responsibility to edit or remove any Submission, including those deemed by Apple to violate the Agreement. Apple will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever. In addition to these terms, any Submission that questions Apple's policies and procedures or includes speculation on Apple decisions may be removed.
   • While Apple will make reasonable efforts to ensure that the Site is available at all times, even if Apple charges a fee to access certain portions of the Site, Apple does not guarantee, represent or warrant that any of the Site's services will be uninterrupted or error-free, and Apple does not guarantee that users will be able to access or use any of the Site's features at all times.
   • If you elect to purchase access to portions of the Site that require fees, you agree to pay all charges for that access at the prices set forth on the Site and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. Apple reserves the right to change prices or to institute new charges for access to any portion of the Site at any time, upon prior notice. Price changes and institution of new charges implemented during your access period will apply to subsequent periods. All pricing changes will be posted on the Site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of the Site, or your failure to terminate your paid access, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent membership periods. Apple will charge the Site fees to the credit card account provided by you. You also agree that Apple may automatically charge your credit card for renewal of your access to the fee- based portions of the Site without further authorization from you, unless and until you provide Apple with at least five (5) days prior notice that you do not wish to renew your access to the Site or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your Site access or to change your credit card designation by sending an email to edcommunity@apple.com. Apple will endeavor to remind you that it intends to renew your fee-based Site access by email to the email address that you furnished at the time you joined the Site, but will have no liability for failing to do so. If Apple does not receive payment from your credit card issuer or its agents when you authorize Apple to charge the card, you agree to pay all amounts due from you for your fee-based Site access, upon demand by Apple.
   • Violations of system and network security are prohibited, and may result in criminal and civil liability. Apple will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
   • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
   • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network.
   • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
   • Posting viruses or software designed to create a virus or to do harm to the Site or any Site user, or any network.
   • Taking any other action to disrupt the normal use of the Site by other users.
   • YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION AT THE SITE, WHETHER FURNISHED BY APPLE OR A THIRD PARTY, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
   • APPLE DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. APPLE'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY THE SITE SHALL BE CANCELLATION OF YOUR ACCOUNT, WITHOUT REFUND OF ANY FEES PAID FOR ACCESS TO PORTIONS OF THE SITE REQUIRING PAYMENT OF A FEE FOR ACCESS.
   • IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
   • APPLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH THE SITE. YOU HEREBY RELEASE APPLE FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
   • If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
   • Except as required by applicable non-U.S. local or national law, the laws of the State of California, United States of America, excluding its conflicts of law rules, govern this agreement and your use of the Site. Your conduct and use of the Site may be subject to other local, state, national (U.S. and non-U.S.), and international laws. To the extent permitted by law, you expressly agree that exclusive jurisdiction for any claim or dispute with Apple regarding the Site or relating in any way to your account or your use of the Site resides in the courts of the State of California. To the extent permitted by law, you further agree and expressly consent to the exercise of personal jurisdiction in the California courts in connection with any such dispute, including any claim involving Apple or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to the Site.
   • FOR USERS OF THE SITE, WHO ARE NOT RESIDENT OF THE UNITED STATES: THE SITE IS PROVIDED BY APPLE COMPUTER, INC., A CALIFORNIA CORPORATION, AND NOT BY ANY OF ITS SUBSIDIARIES OR AFFILIATES, AND IT IS BASED IN, THE UNITED STATES. THE PERSONAL INFORMATION THAT YOU GIVE TO APPLE IN CONNECTION WITH YOUR USE OF THE SITE WILL BE USED TO ESTABLISH YOUR ACCOUNT AND MAY BE TRANSFERRED TO AND MAINTAINED IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS POSSIBLE TRANSFER OF DATA TO THE UNITED STATES, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT USE THE SITE.

Apple's Unsolicited Idea Submission Policy and Product Feedback

The Education Communities websites are for collaboration and sharing among members. We do not intend them to be a vehicle for submitting ideas to Apple.

Apple and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Apple's products or marketing strategies might seem similar to ideas submitted to Apple. So, please do not send your unsolicited ideas to Apple or anyone at Apple. If, despite our request that you not send us your ideas, you still send them, then, regardless of what your transmittal says or the terms on which you purport to offer the ideas, the following terms shall apply to your idea submission: (1) Your ideas will automatically become the property of Apple, without compensation to you, and (2) Apple can use the ideas for any purpose and in any way, even give them to others.

In contrast, Apple does welcome your feedback regarding many areas of Apple's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://www.apple.com/contact, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on Apple's existing products or marketing strategies; do not include any ideas that Apple's policy will not permit it to accept or consider. It's just one more way that Apple can learn how to best satisfy your needs.

Any feedback you provide at the www.apple.com/contact site shall be deemed to be non-confidential. Apple shall be free to use such information on an unrestricted basis.

In addition to these general rules, Apple requires you to adhere to the Apple Education Communities Use Agreement that is current at the time of your enrollment and as amended from time to time.

Apple Education Communities - General Release for Gallery Submissions

I hereby grant Apple Computer, Inc., its agents, employees, licensees and assigns (collectively, "Apple") the right to use, adapt, modify, reproduce, distribute, and display the intellectual property I provide to Apple, whether that intellectual property is in printed or Internet-based materials or on videotape, film, or similar media, for display at the Apple Educational Communities website.

I warrant and represent that the intellectual property that I provide is either original to or owned by me, and, if I don't own it, that I have full authority from the owner of the intellectual property to grant these rights to Apple. If the person who owns the intellectual property is a minor, I have that person's parent's or legal guardian's written consent to my grant of these rights.

I release Apple from any and all claims that I may have now or in the future for invasion of privacy, right of publicity, defamation, trademark or copyright infringement, or any other cause of action arising out of Apple's use of the intellectual property in accordance with this document.

I am of full legal age, have read this document, and am fully familiar with its contents .

IMPORTANT: IF YOU USE THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AS PRESENTED TO YOU, WITHOUT CHANGES. APPLE WILL NOT ACCEPT ANY ADDITIONS OR DELETIONS. At any time Apple may change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If it does so, Apple will update the Agreement in the form of the Agreement posted at the Site and may also post such changes elsewhere on the Site