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OMAHA PUBLIC SCHOOLS
CONDITIONS OF USE
The Omaha Public Schools ("OPS") encourages the use of this
Site and other OPS Internet sites, regardless of domain address, as a way to
share information and knowledge in support of the OPS mission to provide all
students with the high-quality instruction needed to prepare for life in
tomorrow's high-tech world. While most OPS Sites are publicly accessible,
certain services and information offered on-line may be restricted to specific
users or segments of the OPS population
By accessing the Site or other Internet sites through links
provided by OPS, you agree to all terms, conditionns, and notices contained or
Use please do not use the Site. We reserve the right, at our discretion, to
for changes. Your continued use of the Site following the posting of any
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by the OPS Rules of Use, including but
not limited to, agreeing not to use the Site for any unlawful purpose. A copy
of the Rules of Use, which you should review can be found below. If you are a
student, faculty member or staff member at OPS you also agree to abide by any
applicable policies, practice, procedures of guidelines applicable to your use
of this Site. In addition, if you are a student at OPS you agree to abide by
the "Behavior Rules for Students Using School Computers and Networks."
The Site may produce automated search results or otherwise
link you to other Sites on the Internet. These Sites may contain information or
material that some people may find inappropriate or offensive. These other
Sites are not under the control of OPS, and you acknowledge that OPS is not
responsible for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such Sites. The inclusion of such a link does
not imply endorsement of the Site by OPS or any association with its operators.
You acknowledge and agree that all content and materials
available on the Site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. Except as
expressly authorized by OPS, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one copy of the
materials or content on the Site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and other proprietary
notices. Systematic retrieval of data or other content from the Site to create
or compile, directly or indirectly, a collection, compilation, database or
directory without written permission from OPS is prohibited. In addition, use
of the content or materials for any purpose not expressly permitted in these
As noted above, reproduction, copying, or redistribution
for commercial purposes of any materials or design elements on the Site is
strictly prohibited without the express written permission of OPS. Permission
is granted only when certain limited criteria are met. For information on
requesting such permission, please contact:
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED
“AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. OPS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF
THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL OPS, ITS SUBSIDIARIES, OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OPS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
OPS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
The entire content (including text and “look and feel” attributes) of the Site
is ©2007 Omaha Public Schools. Any use of such content requires the written
permission of Omaha Public Schools. All rights reserved.
Because of the marked increase in the fabrication and proliferation of computer
viruses affecting the Internet, we want to warn you about infections or viral
contamination on your system. It is your responsibility to scan any and all
downloaded materials received from the Internet. We are not responsible or
liable for any damage caused by such hazards.
We welcome your e-mail correspondence. But Internet and e-mail communications
are not confidential. It is possible that information transmitted to us may be
read or obtained by other parties. In an attempt to protect your privacy, our
e-mail responses do not include personal account information such as social
security numbers or account numbers.
Upon a request by OPS, you agree to defend, indemnify, and
hold harmless OPS and its subsidiary and other affiliated companies, and their
employees, contractors, officers, and directors from all liabilities, claims,
and expenses, including attorney’s fees, that arise from your use or misuse of
the Site. OPS reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with OPS in asserting any available defenses.
Statements made in the Site, newsgroups, message boards,
e-mail, forums, conferences and chats reflect only the views of their authors.
Forum managers, forum hosts, teachers, staff or Merchants appearing on the Site
are not necessarily authorized OPS spokespersons, and their views do not
necessarily reflect those of OPS.
LICENSES AND IDEA
You agree to grant to OPS a non-exclusive, worldwide,
royalty-free, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products or services) you submit to
public areas of OPS (such as BBSs, forums and chat rooms) by all means and in
any media now known or hereafter developed. You hereby waive your moral rights
in any such materials and information, and you hereby warrant that any such
materials and information are original with you, or that you have the right to
submit such materials and information. You agree that you shall have no
recourse against OPS for any alleged or actual infringement or misappropriation
of any proprietary right in your communication to us.
THIRD PARTY RIGHTS
The provisions of the Sections Disclaimer of Warranties,
Limitation of Liability and Indemnification are for the benefit of OPS and its
officers, directors, employees, agents, licensors, suppliers, and information
providers. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
OPS makes no representation that materials on the Site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access the Site from other locations do so on their own
initiative and are responsible for compliance with local laws.
By this Agreement, OPS grants, subject to the terms of this
Agreement, only a limited, non-transferable and non-exclusive license to use the
software and documentation necessary to access, explore and otherwise use the
Site in real time and to use the materials on this Internet Site in a manner
consistent with this Agreement.
and OPS desire to facilitate certain transactions pursuant to this Agreement by
exchanging documents, records and signatures electronically or by utilizing
electronic agents. The use of electronic facilities or agents shall be in
accordance with procedures established by OPS and governed by the applicable
provisions of the Uniform Electronic Transactions Act as adopted in the State of
OPS shall not be liable in any way, and you agree to
indemnify and hold harmless OPS and its subsidiary, other affiliated entities
and all employees, contractors, officers, and directors thereof (the
“Indemnitees”) for (1) any inaccuracy, error, or delay in, or omission of (a)
any Information, or (b) the transmission or delivery of Information; (2) any
loss or damage arising from or occasioned by (a) your use or misuse of the Site
as well as any such inaccuracy, error, delay, or omission, or (b) any
non-performance, or interruption of Information due either to any negligent act
or omission by the Indemnitees or to any "force majeure" (i.e. flood,
extraordinary weather conditions, earthquake, or other act of God, fire, war,
insurrection, riot, labor dispute, accident, action of government,
communications, power failure, or equipment or software malfunction) or any
other cause beyond the reasonable control of the Indemnitees.
CHOICE OF LAW AND
accordance with the laws of the State of Nebraska, excluding its conflicts of
law rules. You expressly agree that the exclusive jurisdiction for any claim or
shall be filed only in the state or federal courts located in the State of
Nebraska, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating any such claim or
Unless otherwise specified herein, this Agreement
constitutes the entire agreement between you and OPS with respect to the Site
and supersedes all prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you and OPS with respect to the
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.
NOTICE SPECIFIC TO
SOFTWARE AVAILABLE ON THE SITE.
Any software that is made available to download from this
server (“Software”) is the copyrighted work of OPS and/or its suppliers. Use of
the Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software (“License
Agreement”). An end user may not install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the terms of the
The Software is made available for downloading solely for
use by end users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
OPS CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THE SITE.
IN NO EVENT SHALL OPS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THIS SERVER.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
Pursuant to Title 17, United States Code, Section
512(C)(2), notifications of claimed copyright infringement should be sent to
Service Provider’s Designated Agent. All inquiries not relevant to the
following procedure will not receive a response. For more information click
OPS reserves the right, in its sole discretion, to
terminate your access to all or part of the Site, with or without notice.
POLICY AMENDMENTS AND UPDATES
Please note that we review our practices from time to time,
and that such practices are subject to change. OPS reserves the right to change
that you periodically review this page to insure familiarity with the most
intended to, and does not, create any contractual or other legal rights in or on
behalf of any party.
RULES OF USE
By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software library,
or other interactive service that may be available to you on or through the
Site, you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information -- that:
1. is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including, but not limited to, sexual
language of a violent or threatening nature directed at another individual or
group of individuals), or otherwise violates OPS' rules or policies;
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
3. infringes on
any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
unauthorized or unsolicited advertising, junk or bulk e-mail (also known as
"spamming"), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
any person or entity, including any employee or representative of OPS.
You also agree that you will not harvest or collect
information about the users or members of the Site or use such information for
the purpose of transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications.
OPS generally does not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message boards,
newsgroups, software libraries, or other interactive services that may be
available on or through the Site. However, OPS and its agents have the right,
at their sole discretion, to remove any content that, in OPS' judgment, does not
comply with its rules or is otherwise harmful, objectionable, or inaccurate.
OPS is not responsible for any failure or delay in removing such content.
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