EFFECTIVE DATE: August 15, 2013
Welcome to this Envision EMI website (this "Site"). These Terms & Conditions constitute a legally binding agreement (this "Agreement") between you and Envision which governs your use of this Site and related services provided by or through Envision or any of its sites. The term "Envision Sites" shall include, but may not be limited to, www.EnvisionExperience.com, www.MyEnvisionExperience.com, www.EnvisionEMI.com, www.cylc.org. and www.nylf.org and other Internet sites on which these terms of use are posted. Envision and any and all entities that control, are controlled by, or are affiliated or under common control with Envision are collectively referred to herein as "we," "us" or "our" or as "Envision" or "Envision EMI."
This Site is owned and operated by Leadership Platform Acquisition Corporation, a Delaware corporation, doing business as Envision EMI.
THE CHILDRENS’ ONLINE PRIVACY PROTECTION ACT PROHIBITS ENVISION FROM KNOWINGLY USING THE INTERNET TO COMMUNICATE WITH CHILDREN UNDER THE AGE OF 13. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR CHILD’S AS WELL AS YOUR USE OF THIS SITE.
This Site is intended for the personal, noncommercial use of students OVER THE AGE OF 13, parents and teachers. By entering this Site, you represent that you are at least 13 years old. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THIS SITE UNLESS THEY HAVE A PARENT OR GUARDIAN’S EXPRESS PERMISSION TO DO SO. Before using this Site you must read and accept all of the terms and conditions of this Agreement. When you (A) visit this Site or any other Envision EMI Website; (B) register as an Envision client or customer; or (C) otherwise use the products or services offered by Envision (collectively the "Products and Services"), you become a "User" for purposes of this Agreement. As a User you expressly agree to be bound both by this Agreement and by the Envision EMI Privacy Policy, which Privacy Policy is incorporated into this Agreement by reference as if fully restated herein.
By accepting and agreeing to the terms and conditions of this Agreement, you represent that all information you provide to or through the Site both now and in the future, including your registration information, is truthful, accurate, and complete and you understand and agree that it is your responsibility to maintain and update this information as needed to keep it current, truthful, accurate and complete.
In addition, you understand and agree that by using this Site you agree to the terms of the Privacy Policy, and you authorize Envision to communicate with you by email or regular mail as outlined in the Privacy Policy.
You acknowledge that these terms of use are supported by reasonable and valuable
consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the
generality of the foregoing, you acknowledge that such consideration includes your use of the
DIMG Sites and receipt of data, materials and information available at or through the DIMG
Sites, the possibility of our use or display of your Solicited Submissions (as defined below in
Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our
use or display of your Solicited Submissions.
Your agreement to the terms and conditions of this Agreement is effective immediately upon your first use of the Envision Site. If you do not agree to and accept the terms and conditions of this Agreement in full, without exception, kindly exit this Site immediately and refrain from any further use of or access to the Site.
In order to use Envision's Products and Services, you may be required to download software or other content from the Site and/or to agree to additional Terms and Conditions. Any such additional Terms and Conditions are hereby incorporated by reference into this Agreement unless otherwise noted. In the event of a conflict between any such additional Terms and Conditions and this Agreement, the additional Terms and Conditions shall govern.
I. AMENDMENTS TO THIS AGREEMENT. Envision reserves the right to amend, modify or amend this Agreement at any time by posting the amended terms on this Site. You acknowledge and agree that it is your responsibility to regularly review this Site, including without limitation this Agreement and the Privacy Policy incorporated herein, in order to keep yourself apprised of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of notice, either actual or constructive, of the modified terms and your agreement to all of the modifications, without regard to whether you have actual knowledge of the modifications.
II. USER’S LICENSE. Envision grants you as a User a limited, non-exclusive, non-transferable, revocable license to access and use the Site, its content and the services offered through the Site in their entirety, and to view or download a single copy of any Envision Content (excluding software code) solely for your own personal, noncommercial use and benefit, provided that at all times you include with such Envision Content the copyright notice "Copyright 2013, Envision EMI, All Rights Reserved," as well as notice of any and all other applicable copyright or proprietary rights. The license granted is to be exercised strictly in accordance with this Agreement.
In consideration of the grant of this license, you agree to wholly abide by all terms of this Agreement. Your breach of any provision of this Agreement may be grounds for the immediate termination without notice of your license and your account. In addition, such a breach may subject you to possible civil and/or criminal liability and consequent legal action.
Except as otherwise expressly provided in this Agreement, no Envision Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed.
III. SITE CONTENT.
- Ownership of Envision Content. All right, title and interest in and to the content of this Site is vested exclusively in Envision, licensors to Envision or third parties who have granted Envision permitted to use their content on the Site.
- Envision Content and Intellectual Property Rights.
- Content or Envision Content means the entire content of this Site, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, typefaces, graphs, images, illustrations, maps, designs, icons video, messages, tags or other materials – whether publicly posted or privately transmitted –provided by us and our licensors which can be accessed on this Site.
- Copyright. All Content of this Site is subject to the protection of the U.S. Copyright Act, 17 U.S.C. § 101 et seq. All content included on this Site, including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations that can be accessed on our Site is intellectual property and copyrighted work.
- Patents. Certain processes, technologies, or other resources of this SITE may be subject to U.S. Patent protection. You are expressly prohibited from any attempt to reverse engineer our SITE and related technologies, or to otherwise use any Envision Content, service, or feature of this Site for any purpose inconsistent with the license granted to you under this Agreement.
- Trademarks. You understand and acknowledge that Envision, Envision EMI and other product and company names mentioned on our Site are trademarks and/or service marks of Envision or third parties who have granted Envision the right to use their marks. You agree not to use any such trademark or service mark and understand that infringement on such marks is a violation of state and federal law.
- User’s Content. We do not claim ownership of any content which you as a licensed User post. However, by posting or transmitting such content, you grant us, our affiliates, our successors and others with whom we have agreements a perpetual, transferable, non-exclusive, royalty-free worldwide right to use, copy, display, perform, modify, distribute, adapt, aggregate, translate, reformat, sublicense, create compilations and collective works of, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to through the Internet or any other uses or media). Any and all intellectual property rights that are not expressly granted hereunder are reserved to Envision and its licensors and their successors and assigns.
Notwithstanding anything in this Agreement to the contrary, Envision reserves the right, in its sole discretion, to refuse any content submitted to the Site by any User or other person, but we are under no circumstances obligated to review or refuse any such content.
- Removal of Content. Envision reserves the right in its sole discretion to remove any content on this Site for any reason, including, without limitation, our judgment that certain material or content (A) fails to comply with the terms of this Agreement or any other rules of user conduct for our Site; or (B) is otherwise harmful, objectionable, or inaccurate. We are not responsible, however, for any failure or delay in removing such content.
- Agreement for Removal. You hereby consent to such removal and waive any claim against Envision arising out of such removal of content. See Section VI of this Agreement for instructions on reporting content found on this Site which you believe in good faith infringes upon your copyright
- Intellectual Property on Other Websites. We respect the intellectual property of others and we ask our users to do the same. Material available on or through other websites is protected by copyright and the intellectual property laws of the United States and/or other countries. Envision has no responsibility for the content of other websites. The terms of use alone of those websites govern your use of those sites. Envision retains the right, in appropriate circumstances and in its sole discretion, to disable and/or terminate the accounts of users who infringe upon the copyright or other intellectual property rights of Envision or others.
IV. PROHIBITED USE OF ENVISION CONTENT. Users of the Site may be subject to international, federal, state and local laws, including but not limited to laws regulating the privacy and security of personal information.
Any unauthorized use, modification or copying of Envision Content or Content that constitutes the intellectual property of others is a breach of this Agreement. The use of any Content on any other website or networked computer environment is expressly prohibited.
As a User you are solely responsible for your using the Site in compliance with all applicable laws. In addition, with respect to your use of the Site and Envision's Products and Services, you agree that you will not submit or create content that:
- Impersonates any person, business or entity;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, invasive of another's privacy, or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Encourages criminal conduct or conduct that might create civil liability for Envision
- Contains viruses or other computer files or code that interrupts, destroys or limits the functions of any computer software, hardware or telecommunications equipment, or otherwise permits unauthorized use of a computer or computer network;
- Violates the rights of others including intellectual property rights.
- You are also expressly prohibited from
- Using Envision's Products and Services for any commercial purpose without Envision's prior express permission;
- Using Envision's network to transmit unsolicited email;
- Forging headers or other transmission information in order to disguise the origin of your posting to a message board, blog or chat room, or to disguise any other communication such as an email message;
- Using Envision's Sites or Products and Services in any manner that could damage, disable, overburden or impair our servers or networks;
- Attempting to gain unauthorized access to any services, user accounts, computer systems or networks through "hacking," "password mining" or any other means;
- Using automated tools, robots or any data mining or similar data gathering and extraction tools to access; crawl, meta-search and/or collect any of the Content or information accessible through the Sites;
- Framing any portion of any Envision Site or any Content; or
- Otherwise violating this Agreement, any Envision licensing agreement or any policy posted on this or any other Envision website.