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Arctic Transect 2004 Terms Of Use

NOMADS Adventure & Education maintains this site (the "Site") for your information, education, entertainment and communication. Please feel free to browse the Site - We hope you find it usefull and educational.

For both your protection and ours, we have established the following Terms of Use document that we expect all teachers, students, parents, administrators, and other visitors, registered or otherwise, to follow while on our site.

Your continued use of our Site means that you acknowledge these Terms and agree to abide by them at all times. Because we reserve the right to modify these Terms of Use at any time, please check them regularly. Please note that you will be referred to as "User" from time to time in this Agreement.

FAIR USE GUIDELINES

In order to avoid any confusion regarding how the content found in our site may be used, we have established the following FAIR USE Guidelines, which establish your entire right with respect to the content found on our site. Again, your continued use of our Site means that you acknowledge these Terms and agree to abide. If you are an educator, you further agree to discuss with your students the importance to follow these guide lines and the reasons for copyright protection.

USERS OTHER THAN TEACHERS AND STUDENTS

You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without NOMADS Adventure & Education's written permission.

HOW CONTENT MAY BE USED BY STUDENTS AND TEACHERS

These Guidelines apply only to students and educators, and do not confer any right to any other person.

By Students:

Students may include items in their own multimedia projects for a specific course. Students may perform and display the permitted portions in conjunction with their multimedia projects for educational uses in the course for which they were created, and may include them in their Portfolios for later use as examples of their academic work.

By Educators:

Educators (comprised of faculty, teachers, instructors, and others who engage in scholarly research and instructional activities for nonprofit educational institutions) may include the permitted portion of any item in their own educational multimedia projects upon permission from NOMADS Adventure & Education.

Such projects must be used as teaching tools in support of curriculum-based instructional activities at nonprofit educational institutions for face-to-face instruction and for assignment to their students for directed self-study.

Each multimedia project may be used by educators for teaching courses only for a period of up to three years from the first instructional use of such project, at which time further permission can be given by NOMADS Adventure & Education. Educators may also perform or display their educational multimedia projects in presentations to other educators, in forums, such as workshops or conferences, and may retain such projects in their portfolios for later use as examples of their professional work.

OTHER LIMITATIONS

Any use of password-protected areas is restricted to subscribers only. Any use by any other person requires the express permission of NOMADS Adventure & Education.

Educators and students must credit the source of each item from our site that is incorporated in their work with enough detail to adequately identify the source of the work. In addition, a copyright notice and copyright ownership information must prominently and conspicuously accompany each item.

The opening screen of each multimedia project prepared in accordance with these Guidelines must state that certain materials have been included with the permission of NOMADS Adventure & Education, Inc. for educational purposes, and no further use is allowed.

Alterations to the permitted portions of materials may only be made to support specific instructional objectives and if notice of the alteration is included in the project.

REQUESTS FOR PERMISSION

These Guidelines set forth your entire right to copy and use materials found on our site. Use within the scope of these Guidelines does not require any further permission from NOMADS Adventure & Education. Any other use, such as, without limitation, the use of a project for commercial purposes, or duplication or distribution beyond the limitations expressed in these Guidelines, requires the prior written consent of NOMADS Adventure & Education, which may be granted or denied with our sole discretion. Our consent may be requested by contacting permission@polarhusky.com.

Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and NOMADS Adventure & Education are superseded and of no force or effect.

TERMS AND CONDITIONS

COPYRIGHT

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of NOMADS Adventure & Education. NOMADS Adventure & Education neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with NOMADS Adventure & Education.

NO LIABILITY

While NOMADS Adventure & Education uses reasonable efforts to include accurate and up to date information in the Site, NOMADS Adventure & Education makes no warranties or representations as to its accuracy. NOMADS Adventure & Education assumes no liability or responsibility for any errors or omissions in the content of the Site.

OFF-SITE PAGES

NOMADS Adventure & Education has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

RIGHT OF COMMUNICATION THROUGH SITE

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Anything you transmit or post may be used by NOMADS Adventure & Education or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. By posting messages, uploading files, inputting data, or engaging in any other form of communication through a the Site is granting NOMADS Adventure & Education a royalty-free, non-exclusive, worldwide license to use, copy, adapt to fit on our site, transmit, publicly perform or display any such communicated material on our Gallery or Message Board pages. In addition, you grant NOMADS Adventure & Education a royalty-free, non-exclusive right at our sole and exclusive option to highlight and display the communicated material on other portions of our site.

Furthermore, NOMADS Adventure & Education is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

COPYRIGHT OF IMAGES

Images of people or places displayed on the Site are either the property of, or used with permission by, NOMADS Adventure & Education. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

TRADEMARKS

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of NOMADS Adventure & Education and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NOMADS Adventure & Education or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that NOMADS Adventure & Education will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

TEACHER LICENSE TO USE NOMADS ONLINE CLASSROOM EXPEDITIONS

NOMADS Adventure & Education, Inc. grants subscribing teachers and schools a personal, non-exclusive, non-assignable and non-transferable license to use and display the services made available on the Site on any machine(s) of which you and/or members of your class(es) are the primary User(s).

Except for items on the Site that registered users are expressly authorized to copy or use in accordance with the Fair Use Guidelines, or use of the Site specifically in classroom projects where NOMADS Adventure & Education is given attribution, or use of our logo(s) including those on our Link to Us page to link back to our Site, unauthorized copying or duplication of the services in any manner, including software that has been modified, merged, or included with the services, or the written materials associated therewith is expressly forbidden.

You acknowledge that you may not sublicense, transfer, sell, or assign this license or the services received there under. Any attempt to sublicense, transfer, sell, or assign this license is void.

Unauthorized access to subscription areas of the Site by non-subscribed Users is prohibited.

DOWNLOADING

The downloading of copyrighted material is allowed by you but only in accordance with the Fair Use Guidelines. You acknowledge that NOMADS Adventure & Education, Inc. and/or third-party content providers remain the owners of the posted materials, and that you do not acquire any of those ownership rights by downloading or posting copyrighted materials. If you have questions about permissions issues, please email us.

RULES OF CONDUCT FOR USE OF INTERACTIVE AREAS

NOMADS Adventure & Education strive to ensure that our community fosters learning in a safe and respectful manner. In order to maintain our community standards, certain behaviors will not be tolerated. We encourage positive community behavior. Please inform if you feel other users are not when doing so.

Although NOMADS Adventure & Education monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, NOMADS Adventure & Education is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.

By continuing to use our Site, you agree to and are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You furthermore agree not to post any of the following material on any of our Message Boards, Galleries, or other interactive posting areas found at (or in) the Site:

  1. Unauthorized copyrighted material (including, but not limited to, text, sound, or graphic files)
  2. Material that personally identifies a child or a student
  3. Any form of commercial solicitation (or advertising)
  4. Material that advocates illegal activity or discusses illegal activities with the intent to commit them

Statements or postings that violate the above terms or that NOMADS Adventure & Education believe in our sole and absolute discretion should not be posted will either not be posted, will be edited prior to posting, or will be removed from the Message Boards or other Postings upon discovery. Furthermore, such User will be responsible for all of our damages arising from such posting. Depending on the nature and extent of the violation, we may, at our sole discretion, terminate such User’s account.

NOMADS Adventure & Education will fully cooperate with any law enforcement authorities or court order requesting or directing NOMADS Adventure & Education to disclose the identity of anyone posting any such information or materials.

STUDENT POSTINGS

We advise people under the age of 18 to get parental permission before filling out any online forms or sending materials to any Web sites. In addition, we may require students to ask their parents to fill out our Parent Permission Letter if students desire us to post student work that contains personal information or we desire to use the student work in a materially different way than the student reasonably anticipated.

NOMADS Adventure & Education provides a template for Parent Permission Letter.

If you are a teacher submitting student materials to NOMADS Adventure & Education or assigning Passwords and Member IDs to students, you acknowledge that you have received a signed parent permission letter from such students, and you accept responsibility for informing students' parents or guardians about the students use of and access to NOMADS Adventure & Education site, the materials that students are submitting and the ways in which the materials may be used by NOMADS Adventure & Education. In addition, by sending materials to NOMADS Adventure & Education you warrant and represent that such materials transmitted do not infringe upon any copyright, patent, trademark, or any other proprietary right, including moral rights of any author.

AT YOUR OWN RISK

Your use of and browsing in the Site are at your risk. Neither NOMADS Adventure & Education nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. NOMADS Adventure & Education also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

SOFTWARE

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

E-COMMERCE TRANSACTIONS

We have products available to you through our online Store. To protect your online order information, NOMADS uses Secure Sockets Layer (SSL) technology meeting the industry standard for providing secure online transactions. Please see our Privacy Policy for more information.

NOTICE

We may give notice to you by means of a general notice on the site, via electronic mail to your email address on record or by written communication sent by first class mail to the address you provide in your billing information.

You may give notice to us—such notice shall be deemed given when received by us at any time by letter delivered by first class postage prepaid mail to NOMADS Adventure & Education, Inc. at the following address:

NOMADS Adventure & Education P.O.Box 533
Grand Marais, MN 55604
USA

Or by electronic mail to permission@polarhusky.com

Upon our request, you agree to defend, indemnify and hold us harmless from any dispute that may arise from your breach of the terms of this Agreement. You agree to hold NOMADS Adventure & Education and its affiliates, employees, contractors, officers, directors, and/or content providers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including the Rules of Conduct or any information, software, files, messages, e-postcards, or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter.

User may terminate this Agreement and User's right to use our Site and services at any time by notification to us as set forth above. We may terminate your account or access rights to the Site at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Site.

NOMADS Adventure & Education may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.



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Nomads Adventure & Education, Inc. University of Minnesota UMN: The College of Education & Human Development