The following terms and conditions (the "Agreement") apply to your access to, and use of the MaKaboom.school website as well as any other MaKaboom.com controlled sites, regardless of domain name or IP address (collectively "Site" or "MaKaboom.school") and Premium Services, as defined herein, and the Basic Services, as defined herein, available on or at the Site (collectively referred to as the, "Services"). The Service is owned by MaKaboom, LLC ("MaKaboom") and operated by MaKaboom.com.
The following terms of this Agreement shall have the meaning as set forth herein:
"Agreement" shall have the meaning as set forth in the preamble;
"Basic Services" shall mean products and/or services support offered by MaKaboom.school at no additional cost to Students;
"Content" shall have the meaning as set forth in Section IV;
"Designated Agent" shall have the meaning as set forth in Section XX;
"MaKaboom.school User ID" shall have the meaning as set forth in Section VIII;
"License" shall have the meaning as set forth in Section V;
"Marks" shall have the meaning as set forth in Section XVII;
"Member or Members" shall mean you browse, comment and have registered with the Site for a Makaboom.school User ID and password;
"Payment Method" shall have the meaning as set forth in Section III(A);
"Premium Services" shall mean products and services offered by MaKaboom.school at a fee to Students;
"MaKaboom" shall have the meaning as set forth in the preamble;
"Services" shall have the meaning as set forth in the preamble;
"Site" or "MaKaboom.school" shall have the meaning set forth in the preamble;
"Student or Students" shall mean that you are a registered student or parent or legal guardian on behalf of a student, with a MaKaboom.school User ID and password for the Site, and have enrolled or have enrolled your child in courses and/or instructional support offered within and through the Site and have paid the corresponding fees;
"User" shall mean a Visitor, Student and/or Member;
"User Submission(s)" shall have the meaning as set forth in Section V of this Agreement; and
"Visitor or Visitors" shall mean you browse on the Site, without limitation, through a mobile or other wireless devise, or otherwise use the Site.
or liability. MaKaboom.school reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified.
law, and the right to access the Services is revoked in such jurisdictions.
III. SITE CONTENT
User will abide by all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of MaKaboom.school.
Use of the Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
IV. USER CONTENT
The Site and Services may permit the submission of communications (such as commentary on other users content) and other content submitted by User ("User Submission(s)") and the hosting, sharing, and/or publishing of such User Submission(s).
User shall be solely responsible for User's User Submission(s) and the consequences of posting or publishing them. User agrees that MaKaboom.school has no liability with respect to any User Submission(s), including, without limitation, User's User Submission(s), and User hereby irrevocably releases MaKaboom.school and MaKaboom.school affiliates, from any and all liability arising out of or relating to User Submission(s) or any part thereof.
license grant to MaKaboom.school does not affect User's ownership rights as to User Submission(s), including the right to grant additional licenses to the material in User's User Submission(s). User Submission(s) may be withdrawn by written request to firstname.lastname@example.org to delete content and terminate User's account. All rights granted to MaKaboom.school from User through the License will end upon the deletion of that particular User Submission(s).
third party, person or entity. User agrees to pay all royalties, fees, and other monies owing any third party, person or entity by reason of any content posted by User to or through the Site or the Services.
MaKaboom.school does not endorse any User Submission(s) or any opinion, recommendation, or advice expressed therein, and MaKaboom.school expressly disclaims any and all responsibility or liability in connection with User Submission(s) at any time (with or without notice).
engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the software (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); or (iii) rent, lease, or use the software for timesharing or service bureau purposes, or otherwise use the software for any commercial purpose.
Services. MaKaboom.school reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any MaKaboom.school server, or to any of the services offered on or through the Services, by hacking, password "mining", or any other illegitimate means.
information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Services.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or MaKaboom.school's systems or networks, or any systems or networks directly or indirectly connected to the Services or to MaKaboom.school.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to MaKaboom.school on or through the Services. User shall not, in connection with the Services, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Services or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of MaKaboom.school, other Users or others.
VII. REGISTRATION; SECURITY
MaKaboom.school User ID a name subject to any rights of a person other than User without appropriate authorization. MaKaboom.school reserves the right, in its discretion, to cancel or refuse registration of a MaKaboom.school User ID. User shall be responsible for maintaining the confidentiality of User's MaKaboom.school password and other account information.
VIII. THIRD PARTY SITES
and agrees that MaKaboom.school shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
otherwise from User's violation of this Agreement.
X. WARRANTY DISCLAIMER
User's use of the services is solely at user's own risk.
XI. LIMITATION OF LIABILITY
indirectly, from user's inability to access or otherwise use the site (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, processing failures, telecommunications or internet problems or utility failures).
MaKaboom.school may terminate User's access to all or any part of the Services at any time, with or without cause, effective upon notice thereof to User (provided that, if MaKaboom.school determines there may be an immediate threat to MaKaboom.school, it may terminate such access without notice).
Upon termination notice from MaKaboom.school, User will: (i) no longer access (or attempt to access) the Services and (ii) delete all software (and copies thereof) provided in connection with the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
XIII. EXPORT AND TRADE CONTROLS
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Services or any information provided on or pursuant to the Services except in full compliance with all United States, foreign and other applicable laws and regulations.
XV. MEMBER DISPUTES
User is solely responsible for your interactions with other users of the Services. MaKaboom.school reserves the right, but has no obligation, to monitor disputes between User and other users of the Service. If User has a dispute with one or more users of the Services, User shall and hereby does release MaKaboom.school (and its officers, directors, agents, subsidiaries, joint ventures and employees) and affiliates from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code 1542, 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."
XVI. MaKaboom.school'S INTELLECTUAL PROPERTY RIGHTS
The Site reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part of portion thereof, with or without notice to User. User agrees that MaKaboom.school shall not be liable to User or to any third party for any modifications, suspensions or discontinuance of the Site, or any portion thereof. Nothing in this Agreement shall be construed to obligate MaKaboom.school to maintain and support the Site, or any part of portionthereof,
during the term of this Agreement.
All Content is the property of MaKaboom.school and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
MaKaboom.school logos, trademarks and service marks, which may appear on the Site ("Marks"), are the property of MaKaboom.school and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied,
reproduced, downloaded or distributed in any way in whole or in part without the express written consent of MaKaboom.school.
Except as otherwise expressly permitted in this Agreement, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Site or the Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Site and Services. From time to time, MaKaboom.school may include software, code, instructions, or other such
information in the Content; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Warranty Disclaimer and Limitation of Liabilities sections above and other terms herein. Any use of such information for commercial purposes is strictly prohibited. MaKaboom.school and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Services, Content, and Marks.
XVII. ELECTRONIC COMMUNICATIONS
When User visits the Site or sends e-mails to MaKaboom.school, User is communicating with MaKaboom.school electronically. User hereby consents to receive communications from MaKaboom.school electronically. MaKaboom.school will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that MaKaboom.school provides to User electronically satisfy any legal requirements that such communications be in writing.In
addition, regardless of any particular "opt-out" selection that User makes within the Site or the Services, User agrees to receive written notifications, through any medium, related to current MaKaboom.school product or Services upgrades and/or the development of new MaKaboom.school products. Finally, User agrees to receive transactional or relationship messages, which include electronic mail messages with the primary purpose of:
facilitating, completing, or confirming a commercial transaction that the User has previously agreed to enter into with MaKaboom.school;
providing warranty information, product recall information, or safety or security information with respect to a commercial product or Service used or purchased by the User;
providing notices concerning a change in the terms or features of MaKaboom.school; and/or
providing notices of a change in the User's standing or status with respect to its MaKaboom.school account or any information that may be periodically provided to User with respect to User's MaKaboom.school account or the Services.
subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MaKaboom.school in any respect whatsoever.
Subject to any applicable agreements entered into with third parties, MaKaboom.school will, at all times, have the right to assign, sell, transfer and or license a portion or all of the MaKaboom.school business and/or assets to a third party, for any purpose, including, but not limited to, a reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of the MaKaboom.school business or assets.
XIX. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
MaKaboom.school has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of MaKaboom.school's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Agreement.
It is MaKaboom.school's policy to: (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, Members or Users; (2) remove content that it is notified by the content owner to have been uploaded unlawfully and in violation of the owner's copyrights; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If User believes that content residing on or accessible through the MaKaboom.school Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the content that is claimed to be infringing, including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that MaKaboom.school is capable of finding and verifying its existence;
Contact information about the User notifying including address, telephone number and, if available, e-mail address;
A statement that the User has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is MaKaboom.school's policy to:
Remove or disable any access to the infringing content;
Notify the Member or User that it has removed or disabled access to the content and that repeat offenders will have the infringing content removed from the system; and
Terminate such Member or User's access to the Service's.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, Member or User believes that the content that was removed or to which access was disabled is either not infringing, or the Member or User believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent or pursuant to the law, the Member or User must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Member or User;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Member or User's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which Member's or User's address is located, or if the Member's or User's address is located outside the United States, for any judicial district in which MaKaboom.school is located, and that such person or entity will accept service of process from the person who provided notification ofthe
If a counter-notice is received by the Designated Agent, MaKaboom.school may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, atMaKaboom.school's
discretion. Please contact MaKaboom.school's Designated Agent to Receive Notification of Claimed Infringement at the following address:
MaKaboom.school DMCA Claims
2905 Homestead Rd,
Santa Clara, CA 95051