User Agreement

Welcome to Kentucky Teacher (www.kentuckyteacher.org), a publication of the Kentucky Department of Education (“KDE”). Please read this User Agreement; by using this website, you accept the terms of this agreement. This is a legally binding agreement between you and KDE; please read it carefully.

GENERAL PROVISIONS

The Web is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use this website after we post any such changes, you accept this agreement, as modified. We may change, restrict access to, suspend or discontinue operation of this website, or any portion of this website, at any time.

KDE respects the privacy of our users. Please take a few minutes to review our Privacy Statement.

We invite you to bring to our attention any material on this website that you believe to be inaccurate. Please forward a copy of the material to our editor at kentuckyteacher@education.ky.gov along with an explanation of the error.

The material that appears on www.kentuckyteacher.org is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. KDE is not responsible for, and cannot guarantee the performance of, goods and services provided by websites we link.

OWNERSHIP AND PERMISSIONS

The materials available through www.kentuckyteacher.org are the property of KDE and are protected by copyright, trademark and other intellectual property laws. You are hereby granted a non-exclusive license to use the material on this website for your personal, non-commercial use (including, where available, to e-mail individual stories to friends directly from this site). You may not otherwise reproduce or distribute copies of any of the materials on this website in any form (including by e-mail or other electronic means) without the prior written consent of the owner.

Requests for permission to reproduce or distribute materials found on our website should be sent via e-mail to kentuckyteacher@education.ky.org or by mail to Kentucky Teacher, Attn: Editor, 612 Capital Plaza Tower, 500 Mero Street, Frankfort, KY 40601.

By submitting material to us, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. By submitting material to any public posting area of this website, such as any message board, calendar or forum, you agree that KDE may reproduce, modify and distribute such material as we see fit in any medium and for any purpose. You also agree that we may identify you as the author of any of your postings by name, e-mail address or screen name, as we see appropriate. We also reserve the right (but assume no obligation) to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

You may establish a hypertext link to www.kentuckyteacher.org so long as the link does not state or imply any sponsorship of your site by KDE or www.kentuckyteacher.org. However, you may not, without the prior written permission of KDE, frame or in-line link any of the content, or incorporate into another website or other service, any material, content, or intellectual property belonging to KDE.

LINKS TO OTHER SITES

Through this website, KDE has provided links and pointers to Internet sites maintained by third parties. KDE’s linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, KDE does not operate or control in any respect any information, products or services that third parties may provide on or through this website or on websites linked to from the www.kentuckyteacher.org website.

TERMINATION

KDE may restrict or terminate your right to use this website or any part of this website at any time for any reason without notice. The restrictions imposed on you with respect to material downloaded from this website, and the disclaimers and limitations of liabilities set forth in this User Agreement, shall survive the termination of this agreement or your access to our site.

INTERACTIVE FEATURES

This website may include a variety of features, such as bulletin boards and blogs, which allow feedback to www.kentuckyteacher.org and real-time interaction between users. Responsibility for what is posted on bulletin boards, blogs and other public posting areas on this website lies with each user — you alone are responsible for the material you post. As a condition of your use of these features, you warrant to KDE that you will not use them for any purpose that is unlawful or prohibited by this User Agreement. Except as otherwise permitted in this User Agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, services, software or benefits obtained from these features.

In addition, you may not use these features to:

  • defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  • conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns
  • publish, post, distribute, disseminate or link to any:
  1. (i) profane, defamatory, infringing, obscene, indecent or unlawful topic, material or information
  2. (ii) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials
  3. (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks” or other programs written to defeat the security measures of any computer, system or programs)
  • distribute, promote or link to any sites for the marketing, sales or distribution of any service or product
  • harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties
  • restrict or inhibit any other user from using and enjoying its rights in the features offered on this website
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • gain unauthorized access to this website, or any account, computer system or network connected to this website, by means such as hacking, password mining or other illicit means
  • interfere with or disrupt the operation of this website or any servers or networks
  • violate any applicable laws or regulations

COPYRIGHT COMPLAINTS

KDE respects the intellectual property of others, and we ask our users to do the same. KDE may, at its discretion, terminate the use of these services by users who violate any of the terms of this User Agreement or infringe the intellectual property rights of others.

If you are the owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via our website, please provide KDE the following information in a signed notice:

  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on our website
  • your address, telephone number and e-mail 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 owner or authorized to act on the copyright owner’s behalf

REGISTRATION

To access certain features of this website, KDE may ask you to provide certain information including your name, address and job function. You agree to provide true, accurate, current and complete information about yourself as prompted by this website’s registration form and that you will not register under the name of or attempt to enter this website under the name of another person. If KDE has reasonable grounds to suspect that any registration information that you provide is untrue, inaccurate or incomplete, KDE has the right to suspend or terminate your account and refuse any and all current or future use of this website (or any portion thereof) by you. KDE’s use of any information you provide to KDE as part of the registration process is governed by the terms of our Privacy Statement.

PASSWORDS

To use certain features of this website, you will need a username and password, which you will receive through this website’s registration process. You are responsible for maintaining the confidentiality of your password and are responsible for all activities (whether by you or by others) that occur under your password. You agree to notify KDE immediately of any unauthorized use of your password or account or any other breach of security of which you become aware and to ensure that you exit from your account at the end of each session. KDE cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. KDE reserves the right to disallow the use of any user name that KDE deems offensive or inappropriate.

MISCELLANEOUS

The staff of www.kentuckyteacher.org does its best to ensure that information we post to this site is both timely and accurate. However, reports that were accurate when posted may become outdated over time. We may post follow-up reports, and we also may continue to provide access to the original report in our online archive, for example. But, we do not revise the original report to reflect new developments. If you are looking for the most recent information we have on a given subject, and not a historical view, be sure you’re not looking at an out-of-date report.

You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from this site.

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This agreement constitutes the entire agreement between KDE and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through this website. In the event of any conflict between any such third party terms and conditions and this User Agreement, this User Agreement shall govern. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without giving effect to any principles or conflicts of law. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Franklin County, Kentucky, in all disputes arising out of or relating to this agreement or this website. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions of this agreement.