Terms of Service

By using the ChalkNation.com website ("site"), you agree to follow and be bound by these terms of use ("Terms of use"), and the privacy policy which are hereby incorporated into these terms of use. In these terms of use, the words "you" and "your" refer to each site visitor or user, "we", "us" and "our" refer to ChalkNation.com and Equate LLC, and "services" refers to all services provided by us.

We may revise these terms of use at any time without notice to you. It is your responsibility to review these terms of use periodically. If at any time you find these terms of use unacceptable or if you do not agree to these terms of use, please do not use this site. If you have any questions about these terms of use, please contact us at administrator@chalknation.com

You agree that by using the site and the services you are at least 18 years of age, you are legally able to enter into a contract and agree to comply with all applicable laws and regulations, Equate LLC and ChalkNation.com (collectively, "ChalkNation.com") provide a school based social networking site to help parents and teachers interact in the fields of education and child-related activities.

In order to effectuate the interactive and social aspects of the website, ChalkNation.com collects certain information about its users, the use of which is governed by this terms of use and by our privacy policy. ChalkNation.com acts as a passive conduit of communication between its users and is, therefore, not responsible for and does not endorse any communications made by such users.

Privacy Policy

ChalkNation.com respects your privacy and permits you to control the treatment of your personal information. A complete statement of ChalkNation.com's current privacy policy can be found by clicking here. ChalkNation.com's privacy policy is expressly incorporated into the terms of use. When you open an account to use or access certain portions of the site or the services, you must provide complete and accurate information as requested on the registration form.

You will also be asked to provide a user name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify ChalkNation.com immediately of any unauthorized use of your account, user name or password. ChalkNation.com shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by ChalkNation.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain ChalkNation.com services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our privacy policy. In addition, you grant ChalkNation.com a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate ChalkNation.com's rights at any time by removing your personal information from the applicable service.

Ownership

This site is owned and operated by Equate LLC. All right, title and interest in and to the materials provided on this site, including but not limited to information, documents, logos, graphics, sounds and images (the "materials") are owned or licensed either by Equate LLC or by our respective third party authors, developers or vendors. Except as may be expressly stated on the site or in these terms of use, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this site shall be construed to confer any license under any of Equate LLC 's or ChalkNation.com's intellectual property rights, whether by estoppel, implication or otherwise. see the "contact information" below if you have any questions about obtaining such licenses. Equate LLC does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by ChalkNation.com. Any rights not expressly granted herein are reserved by Equate LLC.

Limited permission to download

Equate LLC hereby grants you permission to download, view, copy and print the materials found on ChalkNation.com on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the copyright and trademark notice appearing below appears in such materials, (ii) the materials are not used on any other web site nor in a networked computer environment and (iii) the materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these terms of use. On any such termination, you agree to immediately destroy any downloaded or printed materials. Any unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

Links to third party sites

This site may contain links to web sites controlled by parties other than ChalkNation.com or Equate LLC (each a "third party site"). ChalkNation.com may work with a number of partners and affiliates whose sites are linked with ChalkNation.com. Both ChalkNation.com and Equate LLC are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site, or any changes or updates to such sites. ChalkNation.com makes no guarantees about the content or quality of the products or services provided by such sites. ChalkNation.com is not responsible for webcasting or any other form of transmission received from any third party site. ChalkNation.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ChalkNation.com of the third party site. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that neither ChalkNation.com nor Equate LLC are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Reviews, Comments, Communications and Other Content

At various locations on the site, ChalkNation.com may permit visitors to post reviews, comments, communications, and other content (the "user content"). Contributions to, access to and use of the user content is at your own risk and subject to the below terms and all other terms and conditions of these terms of use.

Rights and Responsibilities of Chalknation.com

ChalkNation.com respects the intellectual property of others, and we ask our users to do the same. ChalkNation.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ChalkNation.com's copyright agent with the following information:

  • ChalkNation.com respects the intellectual property of others, and we ask our users to do the same. ChalkNation.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ChalkNation.com's copyright agent with the following information:
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ChalkNation.com's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Attn: Copyright Agent
Equate LLC
2250 Broadway, #6M
New York, NY 10024

ChalkNation.com is not the publisher or author of the user content. It is a passive service for storage and dissemination of the ideas and opinions that ChalkNation.com members may choose to post and distribute as user content. ChalkNation.com does not screen works before they are posted, and no prior approval is required for posting. ChalkNation.com disclaims all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, ChalkNation.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by e-mail at administrator@chalknation.com for help. If ChalkNation.com's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, ChalkNation.com reserves the right to delete those files or to stop those processes. If the ChalkNation.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, ChalkNation.com may disable that user's access in order to preserve system security. In all such cases, ChalkNation.com will contact the member as soon as feasible. ChalkNation.com has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any user content, (ii) re-categorize any user content to place it in a more appropriate location or (iii) pre-screen or delete any user content that is determined to be inappropriate or otherwise in violation of these terms of use, including but not limited to user content containing offensive language and advertisements. ChalkNation.com reserves the right to refuse service to anyone and to cancel user access at any time.

Registration and Account Security

ChalkNation.com users provide their real names and information. Moreover, some commitments users make to us relating to registering and maintaining the security of your account are:

  • Users will not provide any false personal information on ChalkNation.com, or create an account for anyone other than yourself without permission.
  • Users will not create more than one personal profile.
  • If we disable a user's account, the user will not create another one without our permission.
  • You will not use ChalkNation.com if you are under 18.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting other people's rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on ChalkNation.com that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on ChalkNation.com if we believe that it violates this statement.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks (including ChalkNation.com logos), or any confusingly similar marks, without our written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not ChalkNation.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on ChalkNation.com.

Rights and responsibilities of chalknation.com users or other posters of user content

You are legally and ethically responsible for any user content - writings, files, pictures or any other work - that you post or transmit using any ChalkNation.com service that allows interaction or dissemination of information. In posting user content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as user content, you are responsible for first obtaining the copyright holder's permission. Under United States federal law, you retain copyright on all works you create and post as user content, unless you choose specifically to renounce it. By posting such user content, you grant a license to ChalkNation.com to use, reprint, distribute, modify, and create derivative works, which will be owned by ChalkNation.com. In posting a work as user content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to ChalkNation.com to copy your works as part of the normal backup process. You have the right to remove any of your works from user content at any time. The use of your ChalkNation.com user account or posting user content for any illegal activity under the laws of the state of New York and the United States is a violation of these terms of use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside ChalkNation.com's locality or your own residence. ChalkNation.com is open to members worldwide (and works published on the world wide web, usenet or other such services are accessible to anyone on the internet), and ChalkNation.com cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting. You agree not use the site in any way that could damage, disable, or impair any services provided ChalkNation.com (or the network(s) connected to the site), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the site. You agree not to attempt to gain unauthorized access to any services offered on the site, other accounts, computer systems or networks connected to the site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the site.

Your rights and responsibilities as a chalknation.com user and reader of user content

You are required to provide your real name when signing up as a user of ChalkNation.com. ChalkNation.com does not permit anonymous or pseudonymous accounts. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, ChalkNation.com staff will not take a role in mediating conflicts between you and other users. ChalkNation.com does not take responsibility for your behavior or that of other users. Your access to the postings that users have posted as user content is for your personal use only. If you want to redistribute postings you find as user content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

Your agreement to release and hold harmless chalknation.com for any harm resulting from your communication or contact with other chalknation.com users

ChalkNation.com functions as a passive communication service, which allows users to contact and communicate with one another. ChalkNation.com is not responsible for any communications made by ChalkNation.com users. ChalkNation.com does not endorse any users or their communications. You agree that any attempt made by you to make direct contact or any actual direct contact with any ChalkNation.com user is made at your own risk and you agree to release and hold ChalkNation.com harmless, irrevocably release ChalkNation.com and forever discharge ChalkNation.com, its agents, affiliates, employees, officers, successors and/or assigns from all manner of actions, causes of action, claims, suits, covenants, controversies, agreements, promises, damages, charges, and demands, whatsoever, in law or in equity or otherwise, for any harm, economic or physical, arising out of your attempt to contact or actual contact with other ChalkNation.com users. Additionally, you agree to indemnify ChalkNation.com for any harm to third parties, economic or physical, arising out of your attempt to contact or actual contact with other ChalkNation.com users.

No warranty

The site and all materials, documents or forms provided on or through your use of the site are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, ChalkNation.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ChalkNation.com makes no warranty that: (a) the site or the materials will meet your requirements; (b) the site or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through the site or in reliance on the materials will meet your expectations or are suitable for your use or circumstances. Obtaining any materials through the use of the site is done at your own discretion and at your own risk. ChalkNation.com shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

Limitation of Liability

In no event shall ChalkNation.com, our officers, directors, employees, agents, contractors, suppliers, or licensees be liable for any indirect, punitive, special, incidental or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if ChalkNation.com has been previously advised of the possibility of such damage. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which instance the maximum liability of ChalkNation.com to you is $100.00 or the lowest amount allowable under the applicable laws.

Indemnification

You agree to defend, indemnify and hold harmless ChalkNation.com, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the site and the materials.

Unsolicited Submissions

Except as may be required in connection with your use of ChalkNation.com services, ChalkNation.com does not want you to submit confidential or proprietary information to us through this site. All comments, feedback, information or material submitted to ChalkNation.com through or in association with this site shall be considered non-confidential. By providing such submissions to ChalkNation.com you hereby grant ChalkNation.com a license to use, reprint, distribute, modify and create derivative works, which will be owned by ChalkNation.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

Compliance with intellectual property laws

When accessing ChalkNation.com or using ChalkNation.com's services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the service and the site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your ChalkNation.com user account. If you believe that any content on the site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the notice and take down provisions of the digital millennium copyright act at administrator@chalknation.com as described above in section 5.1.

Inappropriate Content

When accessing the site or using ChalkNation.com's services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. ChalkNation.com reserves the right to terminate or delete such material from its servers. ChalkNation.com will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these terms of use or of any applicable laws.

Children

Minors are not eligible to use the site and we ask that they do not submit any personal information to us.

Governing law; Venue

By using this site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the state of New York, excluding its choice of law rules. any legal action or proceeding relating to your access to or use of the site or materials shall be instituted in a state or federal court in the state of New York, county of New York. you and chalknation.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. these terms of use expressly exclude and disclaim the terms of the u.n. convention on contracts for the international sale of goods, which shall not apply to any transaction conducted through or otherwise involving this site.

Copyrights

All site design, text, graphics, the selection and arrangement thereof, copyright © 2012, Equate LLC, all rights reserved.

Trademarks

Chalknation, ChalkNation.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of ChalkNation.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Acknowledgement

By using ChalkNation.com's services or accessing the ChalkNation.com site, you acknowledge that you have read these terms of use and agree to be bound by them.

Contact

If you have any questions about these terms of use, the practices of this website, or your dealings with this website, you can contact us at administrator@chalknation.com

Beta phase confidentiality agreement

In connection with your participation in the beta phase of this website, we will be furnishing you with certain information and materials of a non-public, confidential, or proprietary nature including, but not limited to, all information, whether verbal or written, disclosed by us to you and relating to our business plans, strategies, financial information, research and development and marketing, including, without limitation, trade secrets, software, product design information, client, customer, vendor and potential investor lists, prices and pricing policies not otherwise published, research and development materials, prototypes, business plans, new products and services under development, and marketing, business and internet strategies. Such information and materials, in whole or in part, is hereinafter referred to as the "information" provided, however, that "information" shall not include information that

  • is or becomes generally available to the public other than as a result of a disclosure by you,
  • is or becomes available to me on a non-confidential basis from a source other than us which is not bound by a duty of confidentiality to you or to us,
  • is independently developed by you solely from publicly available information, or
  • is disclosed pursuant to an order or requirement of a court, government administrative agency or other governmental body. in consideration of the us furnishing you with the information, you agree that:

Confidentiality

You shall use best efforts to keep the information confidential and the information shall not, without our prior written consent, be disclosed by you and shall not be used by you other than solely in connection with you evaluating the transactions contemplated above

No license granted

Neither this agreement nor the furnishing of any information by us shall be construed as granting to you either expressly, by implication, estoppel or otherwise, any license under any invention, patent, trademark, or copyright now or hereafter owned or controlled by us.

No representations; No warranties

Although you understand that we have included or will include in the information certain data that we believe to be relevant for the purpose of the beta phase, we are not making any representation or warranty as to its accuracy or completeness.

Non-competition

You agree that you will not make any disclosure of your review of, or interest in, the website without our prior written consent, and you further agree that no information regarding us will be used by you in any manner which might be construed by us to be competitive with or detrimental to our existing or projected business operations.

Prompt notice prior to disclosure

In the event that you become legally compelled to disclose any of the information, you will provide us with prompt notice thereof prior to any disclosure so that you and we may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this agreement. In the event that such protective order or other remedy is not obtained, or that we waive compliance with the provisions of this agreement, you will furnish only that portion of the information which is legally required.

Irreparable Harm

You acknowledge that the injury which would be suffered by us in the event of any breach of your obligations hereunder would be of a nature which could not be fully compensated for solely by a recovery of monetary damages, and accordingly agree that in the event of any breach or threatened breach of any of your obligations hereunder, in addition to and not in lieu of any damages sustained by us and any other remedies which we may pursue hereunder or under applicable law, we shall have the right to equitable relief, including issuance of a temporary restraining order, preliminary injunction and/or permanent injunction by any court of competent jurisdiction, against the commission or continuation of such breach or threatened breach, without the necessity of proving any actual damages or the posting of any bond.

Term

Your obligations to us under this section 18 shall terminate at the completion of the beta phase for this website or in one year from the day that you created your account on this website, whichever is sooner.