WALDEN.COM TERMS OF USE

The Walden.com website (the "Site") is operated by Walden Media LLC ("Walden"). These Terms of Use ("Terms of Use") constitute a binding agreement between you (hereinafter either "you" or "User") and Walden regarding your use of the Site.

Acceptance and Modification of Terms
By using the Site, you agree to these Terms of Use.  You must be over the age of 18 to use this site.   If you do not agree to these Terms of Use, you may not use this Site.  We reserve the right to modify these Terms of Use at any time without prior notice by posting the revised version on our Site. Modifications will become effective immediately upon being posted on the Site, without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications.

Privacy Policy
Our Privacy Policy describes the information we collect when you use this Site, how we use the information, and the steps we take to protect your privacy. Our Privacy Policy is hereby incorporated into these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.  To review our Privacy Policy, click here.

Click-Through Agreements
These Terms of Use may be supplemented or amended by the terms of a "click-through" agreement between you and Walden.  For example, special terms may apply for participation in certain promotions, contests or sweepstakes on our Site.  If special terms apply, you will be asked to expressly consent to them, for example, by checking a box or clicking a button marked "I agree."  The terms of any such "click-through agreement" will supplement and amend these Terms of Use, but only with respect to the subject matter of the "click-through agreement."

Site and Content
Our Site contains a wide array of features and functionality, including but not limited to, blogs, educational materials, information on films and books, comments by our users, and various text, video, audio, graphics, or other content (collectively "Content").  Walden reserves the right to modify or discontinue all or any portion of the Site or Content at any time without notice, and all Content is subject to these Terms of Use.

License to Content
You may use the Content on our Site for your personal, non-commercial purposes.  In addition, you are permitted to use any educational guides, lesson plans, public service announcements, first chapters of books, or other educational materials available for download from our Site ("Educational Materials"), for educational purposes only, provided you do not remove any trademark, copyright or other notice therefrom.  Walden hereby grants you a revocable license to reproduce the Educational Materials and to distribute, display, and publicly perform the Educational Materials in connection with any educational activities (whether in a school, religious institutions, government institutions, or otherwise).  However, you are prohibited from selling or otherwise receiving any compensation from any Educational Materials or other Content, posting Educational Materials or other Content to a website or otherwise distributing or making available the Educational Materials or other Content to the general public, without the prior written permission of Walden.  You may request permission from usage@walden.com.

Third-Party Sites
Our Site includes links to websites that are owned and operated by third parties ("Third Party Sites").  We are not responsible in any manner for such Third Party Sites, and your use thereof is subject to its own terms of use and privacy policy, if any.  If you click on a button or link to purchase a book, movie, or other item featured on our Site, you will be directed to the Third party Sites to make such purchase, and the transaction will be handled entirely through the Third Party Sites.  Walden will have no information regarding such purchase, and will not be able to take any action with regard to any such purchase.

Registration
You may wish to register on our Site so you will be able to post comments to our blogs and receive email newsletters and other information from Walden.  If you register on our Site, you agree to provide accurate, current and complete personal data about yourself (such as name, e-mail address, etc.) as required by our registration form, and you agree to update such data to keep it accurate, current and complete. Walden reserves the right to suspend or terminate your account and/or your use of the Site for any reason in Walden’s sole discretion.

If you register and obtain a username and password from our Site, you may not share your username and password with any other person. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Walden immediately of any known or suspected unauthorized use of your username and password. Walden will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

User-Submitted Content
"User Content" is defined as any Content uploaded, posted, submitted, or otherwise made available by users of the Site other than Walden, including without limitation (i) comments posted to our Site’s blogs, (ii) feedback, ideas, questions, comments, designs, data or the like regarding or relating to the Site or the business of Walden, whether submitted to Walden through our "Contact Us" page, by email or otherwise ("Feedback"), (iii) text, photos, or other information you may submit to us in connection with a contest or sweepstakes on our Site, or (iv) any other Content which does not originate with Walden.  User Content is the sole responsibility of the person who made such User Content available on the Site, and under no circumstances will Walden be liable for any User Content.

By uploading, posting, transmitting or otherwise making any User Content available on or through this Site or providing any User Content to Walden, you are assigning to Walden, free of charge, all worldwide rights, title and interest in such User Content, including without limitation all intellectual property rights therein.  If or to the extent any such assignment may be deemed invalid, you hereby grant to Walden and its related entities an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute, publicly perform, and prepare derivative works of your User Content, in any medium now known or hereafter invented, without any obligation of notice, attribution or compensation to you.  Walden is entitled to use any User Content you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing films, books, other products and services using such User Content, without restriction and without compensating you in any way. You are solely responsible for the information and materials contained in any User Content you submit to us, including, without limitation, the truthfulness and accuracy thereof.

Any Feedback you submit to Walden is considered non-confidential and non-proprietary with regard to you, but Walden reserves the right to treat any such Feedback as its confidential information.  Walden reserves the right (but has no obligation) to pre-screen, edit, refuse, move or remove any User Content that is posted on the Site, at any time.  Walden reserves the right to disclose any User Content to any third party, and to disclose the individual who posted such User Content, at any time without notice to you.

User Conduct

You agree that you will not use the Site to transmit or make available any Content that:

• violates any laws, contains any threats, is abusive, tortuous, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains disparaging statements regarding racial, gender or ethnic background, or is otherwise objectionable;
• infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
• contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
• you know or have reason to know is false, misleading, or fraudulent;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• contains forged headers or otherwise disguises the origin of the Content submitted;
• contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or commercial purposes;
• incorporates any software viruses or other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software, hardware or equipment;
• contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use the Site to:

• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation therewith;
• engage in or facilitate any conduct that could be deemed to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
• engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation, or that might be harmful to minors.

In addition, you are prohibited from intentionally interfering with or disrupting the Site, or servers or networks connected thereto, in any manner.

Copyright and Trademark Information
All of this Site’s Content, including the design, text, graphics, interfaces, and the selection and arrangement thereof, is the property of Walden and/or its third party licensors, and is protected by the intellectual property rights of those owners. Any use of Content featured on or available through the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Walden, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or similar device to monitor or copy our Site or Content without prior written permission of Walden.  This Site is © 2009 Walden Media, LLC.  All trademarks displayed on the Site are the property of Walden or their respective owners, and Walden’s use of third party trademarks is not intended to imply any endorsement of or affiliation with Walden.

Notification of Claimed Intellectual Property Infringement
If you find Content posted on the Site which you believe to be an infringement of the copyright ownership or other intellectual property rights of yourself or any third party, please immediately contact us in writing by providing a signed statement containing the following information:

1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2.  a statement, made under penalty of perjury, that you are the owner of the intellectual property right or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement that all of the information you have provided is true.

Please send your notice of alleged infringement by mail, fax, or e-mail as follows:
Mail:  SVP Marketing, Walden Media LLC, 1888 Century Park East, 14th Floor, Los Angeles 90067
Fax:  (424) 202-6699
E-mail: usage@walden.com

Links to the Site and RSS Feeds
You may create hyperlinks to our Site, provided that the link accurately describes the linked Content. You may also implement the RSS feeds offered by our Site, solely in the manner described on our Site. Walden reserves the right to revoke this permission generally, or your right to use specific links or RSS feeds, at any time, with or without cause. Under no circumstances may you "frame" the Site or any of its Content. When a page of our Site is accessed from a link you create, such page must be displayed in full, without any frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site.

Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, WALDEN, ITS RELATED ENTITIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY THE "WALDEN PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, OR ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WALDEN PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE WALDEN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY WALDEN PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.  IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ANY OF THE WALDEN PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATION OF LIABILITIES, SO ALL OF THE ABOVE MAY NOT APPLY TO YOU.

Compliance with Laws
You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements, and you are responsible for compliance therewith.

Indemnification
You agree to indemnify and hold the Walden Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party arising out of your use of the Site, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer or account.

Other Terms
These Terms of Use as supplemented by any "click-through agreements," contain the entire agreement between you and us with respect to our Site and supersede all previous communications and agreements, whether oral, written, or electronic between you and us with respect thereto.  These Terms of Use are governed by the laws of the State of California without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms will be held exclusively in state or federal court in Los Angeles, California, and you hereby irrevocably consent to the personal jurisdiction of said courts for all such purposes.  Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or right.  All waivers must be in writing.  No waiver by us of any breach of these Terms of Use or any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be void or unenforceable, such provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in force.  Any cause of action related to use of our Site must be filed within one (1) year after such cause of action arose or be forever barred.

Questions
If you have any questions regarding these Terms of Use, please contact us by e-mail at usage@walden.com or by mail to SVP Marketing, Walden Media LLC, 1888 Century Park East, 14th Floor, Los Angeles 90067.

Effective Date of this Terms of Use
These Terms of Use are effective as of July 7, 2009.