Terms of Use
Atlanta Public Schools. (“APS,” “us,” or “we”) owns and operates https://www.atlantapublicschools.us/ (the “Site”). Your use of this Site is conditioned on your acceptance of these Terms of Use (these “Terms”). By accessing, using or browsing this Site, you acknowledge and agree to be bound to these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Policy, do not use this Site.
Any use of this Site inconsistent with these Terms is deemed unauthorized access. We reserve the right to make changes to these Terms at any time, without notice to you, by posting changes on this Site. Check back from time to time to ensure you are aware of any updates or changes to these Terms.
FOR PARENTS OR LEGAL GUARDIANS: IF YOU GIVE PERMISSION FOR YOUR CHILD TO ACCESS THIS SITE OR CREATE AN ACCOUNT, YOU AGREE TO THESE TERMS ON THEIR BEHALF AND TAKE RESPONSIBILITY FOR THEIR USE OF THIS SITE.
INTELLECTUAL PROPERTY
Subject to the terms of this Agreement, APS grants you a limited, non-exclusive, and nontransferable license to (a) access and use the Site for your personal, non-commercial use in accordance with these Terms and (b) access and use the features, functionality, and Content accessible and made available in or otherwise accessible through the Site, strictly in accordance with this Agreement.
As between us and you, APS retains all rights, title and interest in this Site, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of this Site, and the compilation of the content, code, data and materials on this Site, including all intellectual property and proprietary rights (collectively, the “Content”). This Site is copyrighted as a collective work under United States and other copyright laws, and is the property of APS. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of APS or the copyright owner is permitted. All trademarks, service marks, and trade names on this Site (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, APS or other owners that have granted APS the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of APS, and you may not remove or otherwise modify any trademark notices from any Content.
Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site without the express written permission of APS is prohibited. Any violation of this section may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. APS reserves the right to terminate its agreement with you if you infringe its or any other third party’s intellectual property rights.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Your use of this Site is limited to personal and non-commercial use. You may display and download onto a single personal computer and print in portions of the material from this Site solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit this Site or any Content, products or services obtained from this Site.
You acknowledge that when you access and use the Site, APS may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Site. You also may be required to provide certain information about yourself as a condition to access or use certain features or functionality of the Site, and the Site may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Site is subject to our Privacy Policy (the “Privacy Policy”). By accessing, using, and providing information to or through this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
THIRD PARTY MATERIALS
The Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that APS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. APS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
USE OF CHAT FUNCTIONALITY AND OTHER INTERACTIVE AREAS
This Site may run chat boxes in which you or third parties may interact and submit content, messages, materials or other items on the Site (“Interactive Areas”). If APS provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that promotes illegal drug use, tobacco or firearms use;
c. Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
e. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Unsolicited advertising or links to other commercial sites;
g. Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personally identifiable information);
h. Viruses, corrupted data or other harmful, disruptive or destructive files;
i. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
j. Content that communicates messages inconsistent with the positive good will of APS; or
k. Content that, in the sole judgment of APS, is objectionable, or which may expose the Site or its users to any harm.
APS takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is APS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. APS is not liable for any statements, representations or Content provided by its users on this Site. Although APS has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, APS reserves the right, and has sole discretion, to remove without notice any Content posted or stored on the Site for any reason, including a violation of these Terms. Any use of the Site, including the Interactive Areas, in violation of these Terms may result in termination or suspension of your permission to use the Site.
BY SUBMITTING CONTENT THROUGH AN INTERACTIVE AREA, YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION BY APS OR ITS SERVICE PROVIDERS IN ACCORDANCE WITH OUR PRIVACY POLICY.
DMCA REQUEST:
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below (To contact us for any other reason, please use the Contact Us page.)
Please provide the following information in the following order (including Paragraph Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on this Site should be emailed or mailed, at your choice, to:
Email:
Phone: 404-802-3500
Address: 130 Trinity Ave. SW Atlanta, GA 30303
*NOTE* To contact us for any other reason other than claims of copyright infringement, please refer to the Contact Us section below.
It is our policy to respond expeditiously to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If the APS receives proper notification of claimed copyright infringement, APS will remove or disable access to material claimed to be the subject of infringing activity In accordance with the DMCA. In addition, in accordance with the DMCA APS will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CREATING AN ACCOUNT ON THE SITE
In order to access certain features of the Site and utilize the Service, you may have to create a user account with APS (“Account”). By creating an Account, you agree to be bound by these Terms.
If you violate any these Terms, we may terminate any or all of your Accounts. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in under your Account, your Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
AVAILABILITY OF THE SITE
You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. APS reserves the right to terminate your Account and/or to prevent you from using or accessing the Site at any time and for any reason. APS retains the right to determine the Content, appearance, design, functionality and all other aspects of the Site. We shall not be liable to you or any third party should we exercise this right.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Although we strive for accuracy in all elements of the Site, including product listings, descriptions and images of products, it may contain errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order). APS is not responsible for your reliance on any information or Content found on the Site, and APS makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, and is not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.
APS TEXT MESSAGING TERMS
By providing your telephone number, you agree that we and our service providers may contact you about your use of the Site and/or our services. This contact may occur at any current or future phone numbers you provide, including cellular or wireless numbers, and may use methods such as automated dialing systems, prerecorded or artificial voice messages, text messages, personal calls, or emails.
You may revoke your consent to receive text messages on your mobile device at any time by replying “STOP” to any message.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER APS NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. APS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APS OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF APS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS ARISING UNDER THE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST SIX MONTHS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless APS’s officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Site and Feedback you transmit through the Site, infringement of any intellectual property rights, or your violation of these Terms (collectively, “Claims”). APS reserves the right, in APS’s sole discretion and at APS’s own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by APS’s in the defense of any Claims and in any event may not settle any Claims without APS’s prior written consent.
Dispute Resolution
Except where and to the extent prohibited by law, by using the Site, you and APS agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and APS agree that this dispute resolution procedure is a condition precedent that must be satisfied before filing any demand for arbitration against the other party.
Class Action Waiver
YOU AND APS EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
GOVERNING LAW
Any disputes arising out of or related to these Terms and/or any use by you of the Site or Service shall be governed by the laws of Georgia, without regard to its choice of law rules and without regard to conflicts of laws principles. You submit and agree to the personal jurisdiction of the state and federal courts located in Fulton County, Georgia.
HOW TO CONTACT US
If you have any questions or comments, please contact us using the Contact Us information provided below.
Atlanta Public Schools
130 Trinity Ave. SW
Atlanta, GA 30303
Phone: 404-802-3500
Contact Us: Let's Talk
DMCA Requests: dmca@apsk12.org