Welcome to the Schoolfocus (SF) website service. To use this site you are subject to the following Terms of Service (TOS), which may be updated from time to time without notice. In addition, when using the SF service, you will be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS. Please note that SF may also offer other services that are governed by different Terms of Service.
Schoolfocus is committed to keep your images secure and private. We provide
a safe, fast and easy process for you to store, access and share images and
information. If you choose not to keep your images on this site, you will have
14 days to move images from our secure server to a storage site of your choice
or onto your computer, after which the images will be permanently deleted from
the SF website. However, it is highly recommended that you keep images at a
secure storage site for easy and instant access in the event of a civil emergency
or other urgent situation that requires the need for an electronic photograph.
SF provides users who become members with access to our website service. Users are responsible for obtaining access to the service and must provide and are responsible for all equipment necessary to access the service.
Members will also receive a password and account designation upon completing the new account registration process. You are responsible for maintaining the confidentiality of the user accounts, password and all the activities that occur under your account.
You agree to (a) immediately notify SF of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SF cannot and will not be liable for any loss or damage arising from your failure to comply.
You understand that all information, data, text, software, photographs, graphics
or other materials, whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such content originated. This means
that you, and not SF, are entirely responsible for all contents that you upload,
post, email, transmit or otherwise make available to your account via the SF
services website. SF does not control the content posted via the SF services
and, as such, does not guarantee the accuracy, integrity or quality of such
content. You understand that by using the SF services, you may be exposed to
content that is offensive, indecent or objectionable. Under no circumstances
will SF be liable in any way for any content, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise
made available via the SF services.
You agree to not use the SF services to: upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Use of instruments such as photographic images, graphics or other data and information is subject to copyright laws. For more information, please see our copyright policy on the Copyright Policy page.
Due to the global nature of the Internet, you agree to comply with all SF and local rules and laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify, defend and hold harmless SF, its officers, agents and other partners and employees from any claim or demand, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising out of your use of the SF service, your connection to the service, your violation of this TOS and your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the SF service, use of the service or access to the service.
SF reserves the right to at any time modify or discontinue, temporarily or
permanently, the service (or any part thereof) with or without notice. You
agree that SF shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the service.
You agree that SF may, under any circumstances in its sole discretion and without prior notice, immediately terminate the service. Further, you agree that SF shall not be liable to you or any third-party for any termination of the service.
The service may provide links to other websites or resources. Because SF has no control over such sites and resources, you acknowledge and agree that SF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SF 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the SF service contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SF, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SF MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (c) THE RESULTS AND/OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SF SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
SF may provide you with notices, including those regarding changes to the TOS, by either email, regular mail or postings on the SF service.
The SF logo and product and service names are the property of Schoolfocus. Without SF's prior permission, you agree not to display or use the SF logo in any manner.
The TOS constitutes the entire agreement between you and SF governing your
use of this website. You also may be subject to additional terms and conditions
and agreements if you become a member of SF services.
The TOS and the relationship between you and SF shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and SF agree to submit to the personal and exclusive jurisdiction of the courts located within that state.
The failure of SF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one year after such claim or cause of action arose or be forever excluded. The section titles in the TOS are for convenience only and have no legal or contractual effect.