Terms & Conditions for goodconversations.com

The web site goodconversations.com is produced for the educational community and is intended for use only in accordance with the Subscriber Agreement.  For information about our privacy policy and linking please see the Privacy Policy and Linking sections.

SUBSCRIBER AGREEMENT

1           Rules and Definitions

    1.1           As a subscriber and/or user of goodconversations.com (“gc.com”) you agree to abide by all of the terms and conditions of this Subscription Agreement (“the Agreement”) between you and gc.com.

    1.2           All users of gc.com are responsible for their use of gc.com, and gc.com assumes no liability for use of gc.com by any user, whether the user is registered or not registered as a subscriber.  You may access gc.com only at the educational institution or library that is the home site of your subscription.  Arrangements for access to gc.com by you from remote locations may be made with gc.com.

    1.3           gc.com may revise, add, or remove any section of the Agreement at any time.  If it does, gc.com will post notice of such changes on gc.com.  If any of these rules or any future changes are unacceptable to you, you may cancel you subscription.  Your use of gc.com now and your continuing use of gc.com subsequent to changes being made to this Agreement by gc.com indicate your acceptance of such rules, revisions, or other changes to this Agreement.

    1.4           gc.com may modify or choose to discontinue any part of gc.com at any time, including the availability of any gc.com feature, database,  content, or link.  gc.com may impose limits on the use of certain features and service or restrict your access to all or parts of gc.com without notice or liability to gc.com.

2           Content of gc.com

    2.1           All materials published on gc.com or provided through gc.com (including, but not limited to audio clips, illustrations, images, video clips, teachers’ guides, and photographs (collectively “the Content”) are intended for your non-commercial use, and are protected by copyright and are owned by gc.com, the respective authors and/or publishers and/or the parties credited as the provider(s) of the Content.  You will abide by all copyright notices, information, and restrictions contained in any Content accessed through gc.com.

    2.2           gc.com and the Content are protected by U.S. and international copyright laws.  You may not modify, publish, transmit, reproduce, or sell the Content, except as permitted by Section 2.3 of this Agreement, nor create new works, distribute, perform, display, or exploit the Content in any way not specifically allowed by the Agreement.

    2.3           You may download or copy the Content and other items displayed on gc.com for non-commercial educational or personal use, provided that you retain all copyright and other such notices contained within the Content.  You may not copy or store any of the Content for any use other than non-commercial educational or personal use.  You may not sell, transfer, lease, rent, license, or sub-license the use of the Content or any part of the Content to any party.  However, if you are an educator, you may provide your students with the Content for their personal use.

3           Links

    3.1           gc.com features links to other related internet sites.  These linked sites are operated by third parties, not by gc.com.  The inclusion in gc.com of a link to any third party site does not imply that gc.com endorses that site or any materials contained on that site.  The third party sites are not controlled by gc.com.  gc.com is not responsible for the availability, accuracy, or any information, content, products, or services accessible to you from third party sites.  Any questions you might have concerning any third party site must be addressed to the webmaster or administrator of the site.

4           Representations and Warranties

    4.1           You represent and warrant that any materials of any kind submitted through your subscriber account will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights,  nor do such materials submitted through your subscriber account contain libelous or other unlawful materials.  You further represent and warrant that you are thirteen years old or older, or if you are less than thirteen years old that you are using gc.com through your teachers’ or parents’ subscriber account with their permission. 

    4.2           When you accept the Agreement, you indemnify, defend, and hold harmless gc.com and all officers, directors, owners, agents, vendors, information and Content  providers, affiliates of gc.com, licensors, and licensees (collectively the “Indemnified Parties”) from and against all liability and costs, including but not limited to, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim resulting from any breach of the Agreement by you or any user of your account, or of the foregoing representations and warranties.  You will cooperate as fully as reasonably expected in the defense of any such claim.  gc.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you at the sole expense of gc.com.

    4.3           gc.com does not make any representations concerning the accuracy or reliability of, nor does gc.com endorse, any advice, opinion, statement, or other information displayed, uploaded, or distributed through gc.com, any user, information provider, or any other person or entity.  You acknowledge that any reliance by you upon any such opinion, advice, or statement is at your own risk and responsibility.

    4.4           Except as expressly set forth in this Agreement, all features of gc.com (including all Content, software, functions, fee-based services, materials, and other information available on or accessed through gc.com) are provided “as is” without warranties of any kind, expressed or implied, of fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement.  To the allowable extent of the law, gc.com makes no warranties for the use of gc.com under any circumstances, including, but not limited to, negligence by gc.com.  gc.com does not warrant that the functions within c.com or any fee-based services will be error-free or uninterrupted.  gc.com does not warrant that any defects observed will be corrected, that any service of gc.com and/or fee-based services will meet any particular performance or quality criteria , or that gc.com or the servers on which gc.com operates are free from viruses or other harmful components.

    4.5           You use gc.com at your own risk.  You assume full responsibility and risk of loss that may result when you download and/or use files, information, Content, software, or other material obtained or accessed through gc.com.  Neither gc.com nor any provider of telecommunications or network services will be liable for any direct, indirect, punitive, special, or consequential damages that may directly or indirectly result from the use of, or the inability to use, gc.com, even if gc.com, its affiliates, or the providers of telecommunications or network services have been advised of the possibility of such damages.  The total liability of gc.com and its affiliates is limited to the sum, if any, actually paid by you for access and use of gc.com and/or any gc.com fee-based service.  You hereby release gc.com and its affiliates from any and all obligations, liabilities, and claims in excess of this limitation to the full extent of applicable law.

5           Registration and Secure Password

    5.1           During registration, you will create a password and use your e-mail address as your unique subscriber ID.  You will also give gc.com certain registration information that must be accurate. You may not use the subscriber ID of another person with the intent to impersonate that person.  You may not use a subscriber ID in which another person has rights without the authorization of that person.  You may not create a subscriber ID that, in the sole discretion of gc.com, is offensive.  If you do not comply with the foregoing, you will have breached the Agreement, which may result in immediate termination of your account with gc.com.  You are responsible for maintaining the confidentiality of your gc.com password.

    5.2           You will notify gc.com immediately of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You will contact gc.com through the “CONTACT US” feature of gc.com or by mail at the address listed in paragraph 10.3.

    5.3           You must be thirteen years old or older to subscribe to gc.com and to provide gc.com with any personal information.  Persons of all ages may use gc.com; therefore, you may share your password and subscriber ID with others, subject to the provisions of section 5.4 below.

    5.4           You are responsible for all use and activity on your gc.com account.   This includes use of gc.com by any individual third party you authorize to use your subscriber ID and password.  Any fraudulent, abusive, or otherwise illegal activity may lead to termination of your gc.com account at the sole discretion of gc.com.  In this event, gc.com may refer you to the appropriate law enforcement agencies.

6           Fees and Payments

    6.1           gc.com reserves the right at any time to charge a fee(s) for access to gc.com in whole or in part.  From time-to-time, gc.com may change these fees.  At no time will gc.com change its fee structure without providing prior notice to you and giving you the opportunity to terminate your use of gc.com, in whole or in part, should you decline to accept such fee changes.  You will pay all charges you incur through your gc.com account at the rates in effect during the billing period in which the charges were incurred.   You will pay through your account all applicable taxes resulting from your use of gc.com.

    6.2           gc.com only accepts checks and certain credit cards as payment for subscriptions to gc.com.  Purchase orders will be accepted from school districts, individual schools, or libraries.   No terms of the Agreement may be amended or voided by any purchase order nor shall any purchase order constitute an agreement between the parties other than to fix terms of payment.  Failure to pay the full subscription price by the due date of a gc.com invoice will result in immediate termination of your access to gc.com.

    6.3           When your annual subscription to gc.com expires, it will be automatically renewed and you will be invoiced for the full subscription amount unless you have notified gc.com via e-mail through the “CONTACT US” feature that you intend to allow your subscription to expire.  gc.com may change annual subscription fees at any time.  However, your annual subscription fee will not be increased during your current annual subscription term.  Subscription renewals will be invoiced at the then current subscription fee.  You may cancel your subscription to gc.com at any time by notifying g.com through the “CONTACT USs” feature.  However, your subscription fee will not be refunded.  gc.com urges you to take advantage of the free two-week trial subscription to ensure that gc.com meets your particular educational needs.

7           Privacy

    7.1           Please see the gc.com Privacy Policy for a complete description of the privacy policy.  It is the policy of gc.com to not provide subscription data to any third parties.  gc.com does reserve the right to use and disclose the subscription data to generate and distribute demographic reports and marketing statistics, provided that gc.com  does not reveal the identity of any subscriber to gc.com, and to provide any subscription or other data in cooperation with any law enforcement, regulatory body, or government agency demand.

    7.2           gc.com may, from time-to-time, send electronic mail to you to notify you of changes to gc.com features.

8           Software Licenses

    8.1           Your subscription to gc.com does not pass to you any rights in the gc.com proprietary software and related documentation or any enhancements or modifications to such software provided to you so that you may access gc.com.  This includes any software that is downloaded from any link accessed via gc.com.  You may not sublicense, assign, or transfer any licenses granted to you by gc.com.  You may not distribute, modify, reverse engineer, or create derivative works from the gc.com access software.

9           Cancellation by gc.com

    9.1           gc.com may, at its own discretion, terminate the Agreement or suspend your access to all or part of gc.com for any reason, without limitation, including your breach or assignment of the Agreement.

10       Miscellaneous

    10.1       This Agreement has been made in accordance with the laws of the State of New York and shall be construed as such.  Any action to enforce the Agreement shall be brought only in the State courts located in Westchester County, NY or in the Federal courts located in Westchester County, NY or New York City, NY.

    10.2       In the event of conflict between the Agreement and the gc.com Privacy Policy, the provisions of the Privacy Policy shall take precedence.

    10.3       Official correspondence must be sent to:

goodconversations.com

P.O. Box 9144

Scarborough, NY 10510

PRIVACY POLICY

1           gc.com Commitment to Subscribers’ Privacy

    1.1           gc.com is committed to maintaining and ensuring the privacy of    its subscribers’ personal information.  Please read this Privacy Policy to learn how gc.com treats the information that you provide when you subscribe to gc.com and when you access and use gc.com.

    1.2           gc.com does reserve the right to change this Privacy Policy.  If gc.com takes such action, you will be notified 14 days before any changes to the Privacy Policy become effective.  Your use of gc.com after the announcement and implementation of changes to the Privacy Policy signifies that you agree to all the provisions of the revised Privacy Policy.

    1.3           gc.com will not sell, rent, swap, or otherwise disclose to any third party any personal information that you submit to gc.com when you acquire your subscription.  gc.com does not knowingly have within its infrastructure any means for a third party to conduct “reverse searches” that would allow the identities of individuals to be revealed from e-mails.

    1.4           All personal information that you as a subscriber enter in gc.com is treated securely and in accordance with the Agreement and this Privacy Policy.  However, data transfers via the Internet cannot be 100 percent secure and gc.com does not warrant the security of information transmitted to it.  gc.com does not control the privacy policies of its affiliates and linked sites.    

2           The Information gc.com Collects

    2.1           When you complete the registration form for your free trial or when you subscribe to gc.com, the information you provide allows gc.com to communicate with you.  This registration information may include, but is not necessarily limited to, your name, e-mail address, zip code, and details about your profession and your interest in children’s literature.

    2.2           gc.com will not knowingly accept subscriptions from children under thirteen years old, nor will gc.com knowingly collect any personal information from children under thirteen year old.

3           Use of Subscriber Information by gc.com

    3.1           From time-to-time gc.com may use subscriber e-mail addresses to communicate with subscribers.  This allows gc.com to inform subscribers about Content, new features of gc.com, and new materials available.  gc.com may also send “maintenance” e-mails to subscribers to notify subscribers of anything that might affect access to gc.com.  These could include confirmation of service, renewal and expiration notices, and service alert messages.

    3.2           gc.com tracks site usage information that allows gc.com to determine how gc.com is used and navigated.  Site usage data are collected anonymously; individual users and individual user use patterns are not identified.

    3.3           Generally, gc.com uses the information that is available to it to process and verify subscriptions; to analyze the information in the gc.com data base so that information of interest can be forwarded to individual subscribers; to provide to third parties aggregate, non-user specific information about gc.com usage patterns; and for any other purposes that are consistent with this Privacy Policy as amended from time-to-time.

4           Cookies

    4.1           A cookie is a small file that is inserted and saved on your computer’s hard drive.  The cookie only remembers that you have visited gc.com previously from this specific computer.  The use of cookies allows you to access and to browse gc.com smoothly.

    4.2           gc.com does not use cookies to track or collect subscriber personal information.

5           Contact gc.com

    5.1           If you have any questions about this Privacy Policy, please contact gc.com by e-mail via the “CONTACT US” feature or by mail at:

goodconversations.com

P. O.  Box 9144

Scarborough, NY 10510

LINKING

1           gc.com provides links to many relevant web sites and other resources. gc.com does not manage these linked sites; each site is managed by a third party over which gc.com has no control. gc.com is not responsible for the content, accuracy, accessibility, products, or services available through these third-party sites. gc.com provides links to such third-party web sites as a convenience to gc.com subscribers and users.

2           To the extent possible, gc.com tests its links regularly. If at any time you find inaccessible links or links that are not appropriate for subscribers/users of gc.com, please notify gc.com through the “CONTACT US” feature. You should also contact the responsible site administrator or webmaster with questions about any link.