We won’t sell your email. Full stop. We’ll tell a law enforcement authority what we know about you if and only if they show us a warrant. Otherwise, you’re on your own. Use common sense and don’t create WordWalls that will attract LEO attention.
We appreciate your interest in or subscription to the Comprehended Cloud!
The following terms and conditions govern your use of ComprehendedCloud.com (the “Site”), the purchase of products or subscriptions on or provided by the Site (including through SquidForBrains.com, terrywaltz.com or other sites), and services related to the Site. The operator of this website is Terry T. Waltz (“I”, “me”, “us,” “our,” or “we”). By using the Site or purchasing products from the Site, you agree to be bound by these Terms and Conditions (the “Agreement”). If you do not agree to these Terms and Conditions, please do not use this Site. If you have any questions regarding the meaning or application of this Agreement, please direct your questions to: Terry T. Waltz ([email protected])
1. Who We Are and What We Do. The Site provides resources to help teachers use technology and comprehensible materials and strategies to facilitate language acquisition for themselves and/or their students. Through the site, customers are given access to various training tools, materials and curricula, as well as teacher training tools offered through pre-recorded and on-demand webinars. 2. Access to the Site. This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by Us. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
All Comprehended Cloud and Squid For Brains materials are protected by U.S. Copyright Law. Copyright in all WordWalls or other materials created by means of the Site using user-contributed content shall be vested in the creator. Users agree not to upload or display by means of the Site any material copyrighted by Comprehended Cloud, Squid For Brains, or any other third party without the express written permission of such copyright holder. No portion of any book, unless represented as reproducible, may be reproduced or used in any manner without express written consent from Us. Unlawful duplication of materials and file sharing, including photocopying, scanning, uploading to or storage on a server, disseminating materials via email, social media, or other means, or posting on the internet, regardless of whether or not a site or resource is password-protected, is strictly prohibited and punishable by law.
9. Third-Party Content. The Site may contain content supplied by parties other than Us. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of Us. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.
You agree that You are solely responsible for obtaining permission for any copyrighted materials, images, texts, or content you choose to incorporate into content You create using the tools on the Site, and solely responsible for any legal consequences for failure to do so. We are not responsible for the actions or inactions of any users of the Site, including the actions or inactions of any service professional listed on the Site. If Notice is given to Us that your WordWalls include content that is infringing upon the copyright of others, We reserve the right to immediately take such content down in full or in part, and/or suspend or terminate Your account, at Our sole discretion. 10. Conduct When Posting. You may be permitted to post on a message board or blog on the Site, or create custom materials, posts, or content using tools on the Site. You may not post or transmit any material or content on or through the Site: (a) that violates or infringes in any way upon the rights of others; (b) that discloses private personally identifying information of another person that could lead to identity theft; (c) that discloses health related information of another person; (d) that discloses confidential, proprietary information or trade secrets; (e) that solicits, encourages, or promotes the use of illegal substances or activities; (f) which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable; (g) that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you; (h) that expresses or implies that any statements you make are endorsed by Us, without our prior written consent; or (i) that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law. 11. User Comments, Feedback and Other Submissions. By submitting, disclosing, posting, transmitting or uploading any messages or data to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to Us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site. We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order. 12. Indemnification. You agree to indemnify, defend and hold harmless the Comprehended Cloud, Squid For Brains, Terry Waltz, and associated directors, officers, employees, agents and shareholders, and defend any action brought against Us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account. 13. Governing Law and Jurisdiction. This Agreement is entered into in the County of Albany, State of New York and is governed by the laws of the State of New York and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in New York to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site or purchase of materials through the Site. You also expressly consent to the personal jurisdiction of the state and federal courts in New York for any such action. 14. General Provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter. 15. Termination/Cancellation. We may terminate your authorization to use the Site at any time, at our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. 16. Links to Other Sites. For your convenience, We may provide links on the Site to websites that are not operated by Us, including links to websites that sell products. In cases where we do not control such web sites, we are not responsible for their contents, products or operation. These links do not mean that We endorse, approve or sponsor the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk. 17. No Agency/ No Third Party Beneficiary There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party. 18. Digital Millennium Copyright Act Compliance Notice. If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act. We will process notices of alleged infringement that we receive and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent our designated agent: Terry T. Waltz, 1 Fairway Ct, Albany, NY 12208, [email protected]