PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").

This Site at seymoursimon.com is fully controlled and operated by Seymour Science LLC. (Seymour Science). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Seymour Science. If you do not agree with all of the following terms and conditions, please do not use this Site.

If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms of Service, do not let your child use the Services. If you have any further questions about our Services please contact us at help[at]seymoursimon.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on March 15, 2010.

REGISTRATION: PARENTAL NOTIFICATION/CONSENT & ACCESS

Seymour Science provides two activities which are defined as Enhanced Services (“Enhanced Services”) on the Site: 1) Access to a Teachers-Only section for adults whom we have verified are employed as teachers, librarians, or other education professionals, and 2) a section containing Casual Games (“Games”) which requires children to register if they want to enter their scores on a high-score table. In order to use these Enhanced Services, you must become a registered user of the Site. Under COPPA, parental/guardian notification or consent may be required for the online collection, use and/or disclosure of personal information obtained from users under the age of 13. To register and create an account for the Enhanced Services, you must provide us with certain non-personally identifiable information, plus a parent or guardian’s email address. We will then send your parent or guardian an email notification informing them that you’ve registered for the Services. You will have temporary access to casual gaming functionality for up to 7 days pending your parent’s consent; only after your parent or guardian has verified their consent for you to use the Services will your account be made permanent.

When a parent or guardian verifies their consent to your use of the Enhanced Services, the temporary basic account is made permanent. If your parent does not verify their consent to your registration, your temporary account will be locked and, after a reasonable amount of time, all record of the activities you engaged in during the temporary access period will be permanently deleted from our systems.

When you begin the registration process, you will be asked to choose your own user name. You agree that Seymour Science user names are the property of Seymour Science LLC, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a Seymour Science user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by others, so you should not choose a user name that is your real name, or that personally identifies you.

In addition to a user name, you will need to establish a password. You should choose a password that is secure, but that you can easily remember. You are responsible for maintaining the confidentiality of any password you may use to access the Enhanced Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Enhanced Services, to a friend or other third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

When you establish your password, you will also be asked to set up a "hint" in case you forget what your password is. If you ever notify us that you have forgotten your password and need your hint, we will communicate with you through your parent or guardian’s email address.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Seymour Science and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Seymour Science hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Seymour Science. Use of Seymour Science and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

SUBMISSIONS

Seymour Science gives users an opportunity to post, exchange, and/or upload information, ideas, options, content and materials ("Submissions") on portions of this Site. These Submissions do not necessarily reflect the views of Seymour Science, and in no event shall Seymour Science assume or have responsibility or liability for any Submissions, or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Submissions you provide, and all information they contain, and that such Submissions shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

You hereby authorize Seymour Science to use, and authorize others to use, your Submissions, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereinafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Seymour Science will have the right to use and change the Submissions in any manner that Seymour Science may determine. Additionally, Seymour Science may sweep its chatrooms, message board and/or content submissions periodically in its sole discretion.

IF YOU ARE UNDER 18 YEARS OLD, REMEMBER TO ALWAYS CHECK WITH A PARENT BEFORE YOU SEND ANYTHING TO US

Seymour Science does not allow Submissions from anyone under the age of 18 that contain private or personal information that might identify a user.

In addition, Seymour Science does not allow Submissions from anyone which contain:

• logos of any kind (except Seymour Science logos)
• musical compositions or pre-recorded music that you have not secured the rights to
• profanity or obscenities
• personal attacks on individuals
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments
• and/or any other material that Seymour Science deemed in its sole discretion to be inappropriate for this Site

Although Seymour Science will monitor the content posted on this Site for any obvious violations of the above rules, ultimately you are solely responsible for making sure that your submissions fully comply with these rules. Seymour Science reserves the right to edit, delete, or refuse to post material that violates the above rules of participation, as well as to revoke the privileges of users who do not comply with such rules. In particular, Seymour Science will terminate a user’s privilege and ability to post Submissions to the Seymour Science web site if it appears that such user is a repeat infringer of other parties’ copyrights.

INFORMATION FOR COPYRIGHT OWNERS

If you are a copyright owner or an agent thereof, and believe that any Submission or other content on the Seymour Science web site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512 (c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Seymour Science’s designated Copyright Agent to receive notifications of claimed infringement is Liz Nealon, at .(JavaScript must be enabled to view this email address), or Fax 309-405-1865. If you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

CONTESTS, SWEEPSTAKES, CASUAL GAMES AND OTHER ACTIVITIES

Seymour Science allows users under the age of 18 to participate in certain activities on this Site, including, without limitation, contests, sweepstakes and casual games created by Seymour Science or provided in conjunction with third parties, and provides Rules of Participation for these activities. Participation in these activities may involve increased interaction with us, including, possibly, the submission of creative works to us. By uploading materials or otherwise submitting any materials to us (collectively, the "Materials"), you automatically grant (or warrant that the owner of such Materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Materials or incorporate such Materials into any form, medium, or technology now known or later developed throughout the universe, and to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Notwithstanding the foregoing, to the extent that any Materials contain creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

These Terms & Conditions are incorporated by reference into the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

If a child participates in a children’s sweepstakes or contest, we will retain his or her e-mail address for the duration of the contest until a winner is chosen. The winner will be notified by e-mail or another method, as described in the rules. After the contest all participants’ e-mails will be deleted from our system. We will not use e-mail addresses in any other way, and we will not provide them to any third party.
U.S. federal law prohibits us from requiring children to give any more personal information than is necessary to participate in a given activity.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seymour Science is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEYMOUR SCIENCE L.L.C., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SEYMOUR SCIENCE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Seymour Science’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Seymour Science, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Seymour Science does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Seymour Science is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Seymour Science nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Seymour Science will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Seymour Science, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Seymour Science reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Seymour Science in asserting any available defenses.

ADS AND MALWARE

We take great care and pride in creating this Site. We’re always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site—and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware—short for MALicious softWARE—is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

Please note that Seymour Science cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections can be found by searching for "filtering software", "parental control protections" or similar terms via an Internet search engine.

MISCELLANEOUS

Unless otherwise specified, the materials in the Seymour Science web site is presented solely for the purpose of education, entertainment and promoting programs, books and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Seymour Science from its offices within the State of New York, United States of America. Seymour Science makes no representation that materials in Seymour Science’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.

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