This website is a closed online community provided by Partners for Youth with Disabilities, Inc. (herein referred to as “PYD”). The purpose of this agreement is to promote the safe and effective use of this website for its intended purpose.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned from this website or any PYD program. Inappropriate usage includes:
- Viewing or creating and/or distributing offensive and/or pornographic material
- Threatening or harassing another program participant or other people encountered while online
- Plagiarizing or duplicating or distributing others’ creative or copyrighted work without permission.
- Using this website to engage in any form of inappropriate conduct with a participant
- Engaging in abusive behavior or use of abusive language
- Creating or distributing viruses or any form of malware
- Hacking into private or secure public Internet systems
You acknowledge and agree that that you are responsible for maintaining all broadband, computer hardware, equipment and services needed to access and use this website. You further agree to not reproduce, copy, sell, or otherwise exploit any portion of or access to this website.
Violation of this usage policy will result in termination from the e-mentoring program. If this website or any PYD networks have been used for criminal activity, PYD will report such use and cooperate with prosecuting authorities. If malware of any kind is introduced by a user, the user will be removed from the program and charged for all costs necessary to remove the malware and restore full site or network functionality.
Monitoring, Confidentiality and Reporting
- We may but have no obligation to monitor, evaluate, or alter user originated submissions before or after they appear on this website
- Communications are considered confidential, but they are not private. Email, messaging and other communications may be examined by PYD staff or designees at any time to measure compliance to this policy.
- Although every effort will be made to provide a secure environment, users should be aware that e-communications are more permanent and available to others for viewing than “hard copy”.
- Users should use caution in communicating sensitive or personal information. If you receive a message in error that was not intended for you, please notify the sender and PYD staff immediately.
- PYD may reject or require that you change any user name, password, or other information that you provide to us in registering.
- Your user name and password are specific to you and should not be given to anyone, except to a designated caretaker (if applicable) for login assistance.
- If you believe your name and or password are being used without your consent, you must notify program staff immediately.
- We may use information about how you use the site in order to improve the quality of the program.
Posting on Forum
- While the administrators and moderators of the discussion forums will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message.
- You acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, and hence PYD will not be held liable.
- You agree that PYD will not be held liable for inaccurate information posted by participants in the community.
- You agree that the administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.
- You agree to any information you have entered above being stored in a database.
- PYD administrators and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.
This License Agreement (this “Agreement”) is made by and between Partners for Youth with Disabilities (“Owner”) and LEARN.PYD.ORG CUSTOMERS (“User”) upon their purchasing of PYD’s licensed materials.
The Parties agree as follows:
Owner hereby grants to User an exclusive license to use the following items of intellectual property (the “Licensed IP”):
- PYD’s Career Readiness Curriculum
- PYD’s disability mentoring fact sheets
- PYD’s webinar recordings
- Other PYD guidebooks
- And/or all other learning materials available for purchase on Learn.PYD.org
Nothing herein obligates User to exercise the rights granted in this Agreement.
Ownership of Licensed IP
User agrees that, subject to the rights and licenses granted herein, Owner is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Licensed IP and any copies of the Licensed IP.
Right to Sublicense
User has no right to grant sublicenses to any third party unless Owner provides its approval in writing. Any approved sublicense is subordinate to, and must conform to the terms and conditions of this Agreement, and will not include the right to grant further sublicenses.
User shall not make copies of the Licensed IP, except as expressly approved by Owner. For any authorized copy made of the Licensed IP, User must accurately reproduce the Licensed IP with the proper notices as directed by Owner from time to time.
Intellectual Property Notice and Markings
In no event may User remove any copyright or intellectual property notice, proprietary legend, trademark or service mark from any materials.
User will cooperate to diligently protect the Licensed IP. User agrees to promptly notify Owner in writing of any unauthorized use, infringement, misappropriation, dilution, or other violation or infringement of the Licensed IP of which User becomes aware.
This Agreement will commence on the Purchase Date and will continue in full force and effect for an initial period of one (1) year(s).
The parties hereby agree that this Agreement will be governed by, and constructed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to rules governing choice of laws.
Owner will maintain sole control and discretion over the prosecution and maintenance with respect to all rights, including all intellectual property rights to the Licensed IP. Owner will have the primary right, but not the obligation, to bring and control any litigation, enforcement action, proceeding, or other legal action (collectively, the “Action”) against any unauthorized use, infringement, misappropriation, dilution or other violation of the Licensed IP.
Mutual Representations and Warranties
Each party represents and warrants that: (a) it has the power and authority to enter into this Agreement, and the execution, delivery, and performance of this Agreement and the transactions and other documents contemplated have been authorized by the parties; and (b) this Agreement has been executed and delivered by each party, and constitutes a legal, valid, and binding obligation of the party, fully enforceable against the party in accordance with its terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium, and similar laws of general applicability relating to or affecting creditors’ rights, and general equity principles.
Owner’s Representations and Warranties
Owner represents and warrants that: (a) Owner owns and/or controls the rights granted to User in this Agreement and Owner has the right to grant such rights and to enter into this Agreement; (b) to the best of its knowledge the Licensed IP does not infringe upon or violate (i) any copyright, patent, trademark, or other proprietary right of a third party or (ii) any applicable law, regulation, or non-proprietary right of a third party; and (c) Owner has no knowledge of any claim which, if sustained, would be contrary to Owner’s warranties, representations, and obligations contained in this Agreement.
If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will be valid and enforceable and the parties will negotiate in good faith a substitute, valid and enforceable provision which most nearly puts into effect the intent of the parties.
This Agreement may not be altered, modified, or amended in any way except in writing signed by both parties. The failure of a party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.