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DCS reserves the right to terminate accounts or Power Videos at its sole
discretion, with or without cause. DCS reserves the right to change, modify,
add, or remove portions of these Terms of Use at any time. Please check this
page periodically for any modifications. Your continued use of this site
following the posting of any changes will mean that you have accepted the
changes. No delay or failure of DCS to take action under these Terms and
Conditions will constitute a waiver by DCS unless expressly waived in writing
by the Superintendent of DCS. Hyperlinks to other Internet resources are
provided for your convenience. DCS has selected these resources as having some
value and pertinence, but their development and maintenance are not under the
direction of DCS. Thus, the content, accuracy, opinions expressed and other
links provided by these resources are neither verified by DCS nor endorsed by
DCS.
Copyrights and Trademarks The contents of this site (including, but not limited to, video, audio, graphics, text, images, and design) are copyrighted and are protected by international copyright and trademark laws with all rights reserved by Dallas County Schools © 2001 Power Videos or its content providers. You may not copy, display, create derivative works from, transmit, perform, modify, display, or sell any information, products or services obtained from this site, except as otherwise expressly permitted under applicable law or as described in these Terms of Use. Power Videos, DCS, its content providers and their respective logos that appear throughout this site belong to Dallas County Schools or its content providers. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on this site without express written consent from the respective trademark owners. Disclaimer of Warranties DCS makes no warranty whatsoever, including without limitation: that the operation of Power Videos will be uninterrupted or error-free; that defects or errors will be corrected; that this site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the materials on the site; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the site. POWER VIDEOS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH DCS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF POWER VIDEOS IS AT YOUR SOLE RISK. Download License Agreement Powervideos, Dallas County Schools or its content providers are the Licensor and you (school administrator, teacher, staff member, parent, student, or other individual) are the Licensee. All Power Videos Programs (video titles) are protected under Federal, State, and international copyright laws. The term of this License Agreement shall be concurrent with the Licensee's Power Videos subscription or DCS’ rights with individual content providers. Upon expiration, non-renewal, or any termination of Licensee's Power Videos subscription, or upon notification by DCS that rights have expired, all Licensee's rights to use this Program shall cease. Licensor's rights, including but not limited to all rights of remedy for Licensee's breaches under this Agreement, shall continue in perpetuity.Power Videos Programs are licensed exclusively for classroom teaching, research, educational but non-commercial multimedia projects, and classroom and individual presentations (but not where any fees or other considerations are charged for the Power Videos Programs). Power Videos Programs may be downloaded (or transferred) solely onto Licensee's computer(s) during the term of the License or until notified by DCS that Licensee’s rights to use a Video title or program have expired, whichever comes first. You are not allowed to save streaming video on your computer or any other storage devices. At the end of the license period, the Licensee agrees to make certain that all copies of Power Videos Programs are deleted, erased, or destroyed and further agrees to sign an affidavit, if so requested, to that effect within thirty days of the termination of the subscription license. The Licensee agrees not to create or distribute any hard copies of the Power Videos Programs in any way whatsoever. Furthermore, Licensee agrees to take all necessary, reasonable, and prudent precautions to keep others from violating this Agreement. Use of the content and materials on this site for any purpose not expressly permitted in these Terms of Use is prohibited. This Agreement shall be construed under Texas law and Licensee agrees to the legal jurisdiction in Dallas County. Governing Law These Terms of Use are governed by the laws of the United States and the State of Texas. Indemnification You agree to indemnify DCS, its trustees, officers, agents and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms of Use. Limitation of Liability IN NO EVENT SHALL DCS, OR ITS CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF THIS SITE, EVEN IF DCS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. DCS SHALL NOT BE LIABLE FOR ANY DELAY OCCASIONED BY AN ACT OF GOD OR THE PUBLIC ENEMY, OR; BY RIOT, INSURRECTION, STRIKES, LABOR DISPUTES, ACT OF TERRORISM, OR ANY FAILURE OR DELAY BY ANY COMPANY OR AGENCY FOR ANY ACT, DELAY, OR OMISSION DUE TO THEIR NEGLIGENCE. |