1.    Your Acceptance

Vidalinks, LLC, doing business as SchoolCues (“SchoolCues,” “we” or “us”) provides this website to you subject to these Terms and Conditions. BY USING OR VISITING THIS WEBSITE and other sites owned, operated or controlled by SchoolCues (collectively , the "Website"), OR SUBMITTING CONTENT TO THE WEBSITE, YOU SIGNIFY YOUR ASSENT AND AGREE TO BE BOUND TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) OUR PRIVACY POLICY. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions and the Privacy Policy, do not use the Website.

You may not use this Website if you are under the age of 13. Our Website is not designed nor intended for children under the age of 13.

2.    Privacy

Your privacy is extremely important to us. Our Privacy Policy contains important disclosures about how we collect, use and disclose personally identifiable information and the content and information that you enter at the Website. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. If any conflict exists between the Terms & Conditions and our Privacy Policy, the Terms & Conditions will prevail.

3.    Intellectual Property Rights

The content on the Website, including without limitation, User Submissions (as defined below), text, software, scripts, graphics, photos, sounds, music, videos and interactive features, and the selection and arrangement of these items, ("Content") and the trademarks, service marks and logos contained on the Website ("Marks"), are the proprietary property of SchoolCues and its licensors and are protected by U.S. and international copyright laws. Content is provided for your information and personal use only and may not be used, copied, distributed, transmitted, podcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without SchoolCues' prior written consent. SchoolCues reserves all rights not expressly granted in and to the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website..

4.    Links

The Website may contain links to third party websites that are not owned or controlled by SchoolCues. SchoolCues is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SchoolCues will not and cannot censor or edit the content of any third-party site. You use links to third party websites at your own risk. By using the Website, you expressly release SchoolCues from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray SchoolCues or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a SchoolCues logo or other proprietary graphic of SchoolCues to link to the Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any SchoolCues’ trademark, logo or other proprietary information, including the images found at the Website, the content of any text, or the layout or design of any page or form contained on a page on the Website without the prior written permission of SchoolCues.

5.    Limited License

    A.   Subject to these Terms & Conditions, SchoolCues hereby grants you a non-exclusive, personal, non-sublicensable and restricted license to access and use the Website and to view, copy and print portions of Content (“License”). This License is specially conditioned on the following: (i) you will use the Website solely for your personal, informational and noncommercial use; (ii) you will not modify or make derivative uses of the Website or Content, or any portion of the Website or Content; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below); (vi) you will not collect or harvest any personally identifiable information, including account names or email addresses, from the Website, or use the communication systems provided by the Website for any commercial solicitation purposes; (vii) you will not disrupt servers or networks connected to the Website including launching "robots," "spiders," and "offline readers," or any other automated system that accesses the Website in a manner that sends more request messages to the SchoolCues servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (viii) you will include on any displays or printouts of the Content the copyright notice “©2011, SchoolCues and its licensors. All rights reserved.”; and (ix) you comply with these Terms & Conditions. Except as expressly permitted above, any use of any portion of the Website or Content without the prior written permission of SchoolCues is strictly prohibited and will terminate the License.

    B.   Subject to these Terms & Conditions, SchoolCues grants the operators of public search engines a non-exclusive, personal, non-sublicensable and restricted license to access and use the Website to use spiders to copy materials from the
Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SchoolCues reserves the right to revoke this license to public search engines either generally or in specific cases.

    C.   SchoolCues has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

6.    Registration

In order to access some features of the Website, you need to create an account. We reserve the right to limit participation in certain portions of the Website, particular programs or promotions, to visitors 18 years of age or older. You may never use another's account without permission. If you create an account, you agree to the following:

      (a)You will provide accurate, current and complete information as may be prompted by the Website;

      (b)You are 18 years of age or older;

      (c)You will maintain the security of your password;

      (d)You will maintain and promptly update the registration data that you provide to us;

      (e)You will not create more than one account;

      (f)If we disable your account, you will not create another account without our permission;

      (g)You accept all risks of unauthorized access to your registration data and any other information you provide to us;

      (h)You will not use SchoolCues if you are a convicted sex offender;

      (i)You will not transfer your account to anyone without first getting our written permission;

You are solely responsible for the activity that occurs on your account. You must notify SchoolCues immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of SchoolCues or others due to such unauthorized use.

7.     User Content Submissions

  A.  The Website facilitates the submission of text, images, videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. If you choose to view or post User Submissions, you are solely responsible for your use and do so at your own risk. You acknowledge and agree that SchoolCues does not guarantee any confidentiality with respect to any User Submissions. SchoolCues has complete discretion to remove or disable any User Submission, or to transfer your User Submission from one SchoolCues program to another program or portion of the Website.

  B.  You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own and control all of the rights to the User Submissions that you post or distribute, or you otherwise have the lawful right to post and distribute your User Submissions to or through the Website; (ii) your User Submissions are accurate and not misleading; and (iii) the use and posting or other transmission of your User Submissions does not violate these Terms & Conditions and will not violate any rights of or cause injury to any person or entity. You further grant SchoolCues the right to pursue at law any person or entity that violates your or SchoolCues's rights in the User Submissions by a breach of these Terms & Conditions.

  C.  By submitting the User Submissions to SchoolCues, you hereby grant SchoolCues, its affiliates and licensees, a worldwide, non-exclusive, irrevocable, fully paid-up, royalty free and transferable license, with the right to grant sublicensees, to use, copy, prepare derivative works of, display, reproduce, modify, adopt, translate, publish, and perform the User Submissions in any media, now known or devised in the future.

  D.  You agree that you will not: (i) publish falsehoods or misrepresentations that could damage SchoolCues or any third party, or bully, intimidate or harass any person; (ii) post material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (iii) post material that encourages conduct that would be considered a criminal offense, gives rise to civil liability, contains nudity or graphic or gratuitous violence, violates any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission, misstate your true identity or access an account belonging to someone else. SchoolCues does not endorse any User Submission or any opinion, recommendation, or advice expressed in any User Submission, and SchoolCues expressly disclaims any and all liability in connection with User Submissions.

  E.  You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that SchoolCues is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against SchoolCues with respect to all User Submissions, and agree to indemnify and hold SchoolCues, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  F.  We appreciate your feedback or other suggestions about SchoolCues, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

8.    Advertisements and Promotions

SchoolCues may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SchoolCues, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SchoolCues is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, or content of third-party advertisers’ advertisements and promotions on the Website.

9.    Copyright and Content Policy

SchoolCues respects the intellectual property rights of others, and requests you to do the same. SchoolCues does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SchoolCues will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SchoolCues will also terminate a User's access to the Website if they are determined to be a repeat infringer of intellectual property rights. SchoolCues may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide SchoolCues the following information and email it to support@schoolcues.com:

      1.  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

      2.  A description of the copyrighted work that you claim has been infringed;

      3.  Identification of the material that is claimed to be infringing and the URL (web page address) of the location where the copyrighted work            exists;

      4.  Your address, telephone number, and email address;

      5.  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      6.  A statement by you, made under penalty of perjury, that the above information you have provided to us is accurate and that you are the            copyright owner or authorized to act on the copyright owner's behalf.

10.    Mobile Access

You may be able to access our Website and take advantage of certain promotions or services offered at our Website via mobile devices. Please be aware that your mobile carrier's normal rates and fees, such as text messaging fees, will still apply. Additionally, if you included your mobile telephone number in your registration data, you will need to update that information if and when you change or deactivate your mobile telephone number.

11.    Making Purchases

You may be able to make certain purchases on the Website. If you decide to make a purchase, you agree to be bound by and pay for that transaction. All sales are final so be sure to pay close attention to the details of the transactions and the total costs and fees. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH SchoolCues.

When you provide us with payment information, you warrant that you are permitted to use that payment source. You authorize us to use your payment information to complete the transaction you initiate at the Website. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.

12.    Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. THE WEBSITE, THE PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE AND THE CONTENT ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SchoolCues ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SchoolCues MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.

SchoolCues DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND SchoolCues WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13.    Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE WEBSITE AND ITS SERVCIES. IN NO EVENT WILL SchoolCues ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING OR ARISING FROM USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR GOODS AND SERVICES OFFERED AT THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE OR THE GOODS AND SERVICES OFFERED AT THE WEBSITE WILL NOT EXCEED THE GREATER OF $25.00 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEEDING THE DATE FROM WHICH LIABILITY AROSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SchoolCues WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AND inner_page_text_second_check_1_check AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SchoolCues AND/OR THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14.    Indemnity

You agree to defend, indemnify and hold harmless SchoolCues its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

15.    Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transfered by SchoolCues without restriction.

16.    General

You agree that: (i) the Website will be deemed solely based in Arizona; and (ii) the Website will be deemed a passive website that does not give rise to personal jurisdiction over SchoolCues either specific or general, in jurisdictions other than the State of Arizona. These Terms & Conditions will be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Any claim or dispute between you and SchoolCues that arises in whole or in part from the Website or these Terms & Conditions will be decided exclusively by a federal or state court of competent jurisdiction located in Phoenix, Arizona. These Terms & Conditions, together with the Privacy Policy at support@schoolcues.com. and any other legal notices published by SchoolCues on the Website, will constitute the entire agreement between you and SchoolCues concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms & Conditions, which will remain in full force and effect. No waiver of any term of this these Terms & Conditions will be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms & Conditions will not constitute a waiver of such right or provision.

SchoolCues reserves the right to amend these Terms & Conditions at any time and without notice. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website, and your continued use of the Website will constitute your acceptance of such changes or modifications. You should review the Terms & Conditions and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Website. If you do not agree to any amended terms, do not use this Website.