The smARTteacher provides its services to you (the "User") subject to the following Terms and Conditions of Use (the "Terms"). The Terms may be updated and/or revised from time to time by The smARTteacher without notice to the User, and such Terms become effective when posted. Please be aware that it is the User's responsibility to regularly review the Terms to stay informed of any changes or revisions.

In consideration of using thesmarteacher.com (the “Website”), the User is bound by all sections of these Terms, which contain provisions applicable to ALL Users, including casual visitors to the Website.

SECTION 1: GENERAL
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A. Acceptable Uses
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As an educational website catering to Art Educators, Art Organizations, Art Lovers and anyone related to those user classifications (students, parents, schools, etc.), The smARTteacher provides a unique set of services for Users of and visitors to the Website. The following uses are explicitly permitted:

1. Except as otherwise limited by these Terms or by The smARTteacher, individuals and organizations, are free to use the Website for any lawful purpose that furthers the interests of art education as determined by The smARTteacher.
2. The materials posted on the Website, including both text and graphics, may be accessed, downloaded or sent to a printer solely for the User's personal, private, non-commercial and lawful use.
3. Users with "robots," "spiders" or other automated scripts or programs may visit the Website; those users may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Website. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing" the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another website or establish links from any other website to any page of the Website other than the home page. You may not resell use of, or access to, the Website to any third party without our prior written consent.

B. Prohibited Uses
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Prohibited uses of the Website include without limitation the following:

1. Users may not post students’ full names. If you wish to credit a child artist, please use the first name and age or grade only; for the safety and privacy of the child, do not include the last name. (This includes ensuring no last names are identifiable on posted artwork).
2. No text, graphics or other material or content available on this Website may be copied, modified or distributed for commercial purposes without prior written consent from The smARTteacher.
3. Some pages on the Website provide Users with an opportunity to exchange ideas and information. The ideas and information posted on those pages do not necessarily reflect the views of The smARTteacher. While using these pages, Users may not upload, post, transmit, email or otherwise distribute any material that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware or racially, ethically or otherwise objectionable. Users also are prohibited from uploading, posting, transmitting, emailing or otherwise distributing any material that invades another's privacy or publicity rights, or that infringes on any party's trademark, copyright or other intellectual property rights. The smARTteacher reserves the right to remove any content from the Website at any time and for any reason in its sole discretion.
4. Users may not impersonate any person or entity on the Website.
5. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to The smARTteacher or through the Website is prohibited.
6. Users covenant and agree that their use of the Website and The smARTteacher's services will not harm minors in any way. Without limiting the foregoing, each User specifically covenants and agrees that it will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws or any other law or regulation. Because the Website is directed to children and visitors of all ages, Users may not submit artwork or other material that is unsuitable for viewing by children, including, without limitation, artwork that is sexually explicit or that depicts nudity or violence.
7. Users may not submit artwork or other material that depicts or contains copyrighted materials or trademarks owned by others, including, without limitation, company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.
8. Users may not advertise or solicit on the pages of the Website without The smARTteacher's prior written permission.
9. All Users including Art Educators, Art Organizations and Art Lovers must provide accurate information in the name fields, address fields and any other fields provided on the Website. Users are forbidden from providing false email addresses to The smARTteacher.
10. Users may not transmit any unsolicited or unauthorized advertising, emails, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation to The smARTteacher or to Users through the Website.
11. Copying any publicly displayed information, either manually or through automated software programs, for the purposes of targeted marketing or solicitation is prohibited.
12. Users may not distribute any virus, worm or other similar or deleterious files, scripts or programming routines.

C. The smARTteacher Privacy Policy
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By using The smARTteacher's services and visiting the Website, Users acknowledge and agree that they are subject to and must comply with The smARTteacher's Privacy Policy. For more information, see the full Privacy Policy at http://www.thesmartteacher.com/privacy_policy

D. Links to Third-Party Websites
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Users may obtain access to third-party websites through links on the Website. These links are provided as a convenience to the Users of our Website. While The smARTteacher attempts to ensure that the content available at such links is not offensive or objectionable, The smARTteacher is neither liable nor responsible for any content or information on third-party websites. Furthermore, because The smARTteacher has no control over the owners or content of the third-party websites to which its Website links, The smARTteacher does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate for all viewers.

E. International Use
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Recognizing the global nature of the Internet, Users agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, and without limitation, users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.

F. Disclaimer of Warranty
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Users acknowledge and expressly agree that:

1. Use of The smARTteacher’s service (the “Service”) is at the User’s sole risk. The Service is provided on an “as is” and “as available” basis. The smARTteacher 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.
2. The smARTteacher makes no warranty that the service will meet the User’s requirements, that the Service will be uninterrupted, timely, secure or error-free, that the quality of any products, services, information or other material purchased or obtained by the User through The smARTteacher and its Website will meet the User’s expectations, or that any errors on the Website or in the software will be corrected.
3. Any material downloaded from the Website or otherwise obtained through the use of the Service is done at the User’s own discretion and risk, and the User will be solely responsible for any damage to his or her computer system or loss of data that results from accessing or downloading any such material.
4. No advice or information, whether oral or written, obtained by the User from The smARTteacher shall create any warranty not expressly stated in these Terms.

G. Limitation of Liability
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Neither The smARTteacher nor any of its directors, managers, officers, employees, subsidiaries, successors, assigns, volunteers, agents and affiliates shall under any circumstances be liable for any direct, indirect, special punitive or consequential damages (including lost revenue or profits) resulting from or relating directly or indirectly to The smARTteacher and/or any User’s use of the Website.

H. Indemnity
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By using this Website, the User agrees to indemnify, defend and hold The smARTteacher and its directors, managers, officers, employees, subsidiaries, volunteers, agents and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to the User's breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.

I. Global Coverage and Jurisdiction
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Users of the Website located outside of the United States acknowledge and agree that they access the Website at their own risk, and that they are solely responsible for complying with all local laws in force in the jurisdiction where they are located. These Terms shall be construed and enforced in accordance with the laws of the State of Arkansas in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of Arkansas having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall remain in full force.

K. Copyright Claims
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If you believe that your work has been copied in artwork, resources or any other material appearing on the Website in a manner that constitutes copyright infringement, you may submit a notification to The smARTteacher pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with information in accordance with the following instructions:

To notify The smARTteacher of an alleged copyright infringement, you will need to send a written communication that includes the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) concerning these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. An explicit identification of the copyrighted work(s) claimed to have been infringed.
3. An explicit identification of the allegedly infringing material that is to be removed from the Website, along with information reasonably sufficient to permit The smARTteacher to locate the material at the Website.
4. Information reasonably sufficient to permit The smARTteacher to contact the complaining party, including an address, telephone number and email address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
The smARTteacher
Attn: Copyright Agent
P.O. Box 261
Marvell, AR 72366
Email: contact@thesmartteacher.com

If a User elects to send us a counter notice after having been notified of a copyright claim submitted to The smARTteacher in accordance with the DMCA complaint provisions above, to be effective, it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) concerning these requirements):

1. A physical or electronic signature of the “Authorized Person” (artist/creator or someone authorized to act on the behalf of the artist/creator, such as a parent or legal guardian) whose artwork/resource was removed from the Website as a result of a copyright claim.
2. An explicit identification of the material that has been removed and the location on the Website at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the Authorized Person has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled.
4. The Authorized Person’s address and telephone number, and, if the Authorized Person’s address is outside of the United States, a statement indicating that (i) the Authorized Person consents to jurisdiction in the United States District Court for the Eastern District of Arkansas and (ii) will accept service of process from the complainant or its agent.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
The smARTteacher
Attn: Copyright Agent
P.O. Box 261
Marvell, AR 72366
Email: contact@thesmartteacher.com

The smARTteacher may remove artwork, resources or any other material from the Website at any time without notice, and The smARTteacher will terminate User privileges in appropriate circumstances, including, without limitation, by terminating the User privileges of Users who are the subject of repeated copyright claims.

L. Contact Information
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For additional information, contact us via email at contact@thesmartteacher.com or by mail at:
The smARTteacher
P.O. Box 261
Marvell, AR 72366

SECTION 2: REGISTRATION AND CONTROL PANEL
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A. Registration
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To register for an account with The smARTteacher, a User must be 18 years or older. Users who register and log in to use the Website acknowledge and agree that they have received all necessary permissions to take such action, including, without limitation, the permission of school/organization and school district administrators.

The User agrees that the information provided to The smARTteacher upon registration and at all times thereafter will be true, accurate, current and complete. The User also agrees to ensure that all information provided to The smARTteacher is kept accurate and up to date at all times, including, without limitation, the User’s email address, which is the primary method by which The smARTteacher will correspond with the User.

B. Member Account, Password and Security
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The User selects a username and password in order to interact with The smARTteacher. The User is responsible for maintaining the confidentiality of the password and the account and is solely responsible and liable for all activity that occurs by way of that password-protected account. The User expressly agrees to (a) immediately notify The smARTteacher of any unauthorized use of his or her password or account, or any other breach of security relating to his or her account or to the personally identifiable information of any student and (b) ensure that they properly log out of their account at the end of each session. The smARTteacher is not liable for any direct or indirect loss or damage resulting from the User’s failure to comply with this Section.

Users have the ability to create links to external websites throughout the Website. The User must verify the quality and substance of each external link. The smARTteacher will not be held responsible for any links created by a User registered with The smARTteacher.

The smARTteacher reserves the right to deny usernames and to remove or edit profile content in its sole discretion.

Users may not impersonate others through The smARTteacher service in a manner that does or is intended to mislead, confuse, or deceive others. The smARTteacher reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.

SECTION 3: SMARTDISCUSSION
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A. Creating and Commenting on Discussions
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The smARTteacher enables its Website Users to create discussions and leave comments on discussions. The smARTteacher is not responsible for the content of said discussions or comments submitted by Users, and The smARTteacher makes no warranties, express or implied, that every comment will be to the liking of Users.

The User acknowledges that The smARTteacher may remove or edit any discussions or comments in its sole discretion.

Users have the ability to create links to external websites within the discussions. The User must verify the quality and substance of each external link. The smARTteacher will not be held responsible for any links created by a User registered with The smARTteacher.

If you believe another user has violated any of the terms in this document, notify us immediately either through the “Report” button (on every comment) or via email at contact@thesmartteacher.com.

SECTION 4: SMARTEXCHANGE
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A. Resources Submitted by Users
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Users have the ability to create resources on the Website, including attaching sample artwork and other documents. Under no circumstances will The smARTteacher be liable for the User's failure to consult his or her school's/organization’s authorities or administrators or for failing to obtain the necessary permission to post others’ artwork, resources or other materials on the Website. The User covenants and agrees that, before posting any materials, he or she will obtain permission from others whose artwork, resources or other materials are posted (including parental permission for student work when applicable).

The smARTteacher enables its Website Users to leave comments on resources. The smARTteacher is not responsible for the content of said resources or comments submitted by Users, and The smARTteacher makes no warranties, express or implied, that every comment will be to the liking of Users.

The User acknowledges that The smARTteacher may remove or edit any resources or comments in its sole discretion.

Users have the ability to create links to external websites when creating or commenting on resources within the exchange. The User must verify the quality and substance of each external link. The smARTteacher will not be held responsible for any links created by a User registered with The smARTteacher.

If a User chooses to submit a resource to the exchange, the following conditions and limitations apply:

1. Users may not submit resources that contain copyrighted materials or trademarks owned by others, including material that could infringe on the intellectual property rights of third parties.
2. The smARTteacher reserves the right to refuse any resource or other material that is submitted for display on the Website for any reason and in its sole discretion. In all cases, The smARTteacher's decision shall be final.

B. Resource Attachments
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Users have the ability to attach images and documents to resources. The User must verify the quality and substance of each attachment. The smARTteacher cannot guarantee the quality or safety of attached files and will not be held responsible for attachments added by a User registered with The smARTteacher.

If a User chooses to attach artwork/images or documents to a resource, the following conditions and limitations apply:

1. Users may not post students’ full names. If you wish to credit a child artist, please use the first name and age or grade only; for the safety and privacy of the child, do not include the last name.
2. Users may not submit artwork or other material that is unsuitable for viewing by children; including, without limitation, artwork that is sexually explicit, or that depicts nudity or violence.
3. Users may not submit artwork or other material that depicts or contains copyrighted materials or trademarks owned by others, including, without limitation, company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.
4. For privacy and security reasons, the User may not submit artwork or other material that contains photographs of children under 18 years old, including the artists themselves.
5. Artwork or other material submitted by the User may not display the artist's last name anywhere on the artwork. The User is solely responsible for reviewing all artwork and other material prior to submission to ensure that it does not display the artist's last name. The smARTteacher is not liable or responsible for artwork or other material submitted by a User that depicts the last name of the artist or other such personally identifiable information.
6. The smARTteacher reserves the right to refuse any artwork that is submitted for display on the Website for any reason and in its sole discretion. In all cases, The smARTteacher's decision shall be final.

C. Licensing
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The smARTteacher Users retain ownership of their resources. However, by submitting a resource, the User grants to The smARTteacher on behalf of himself or herself and his or her school district/organization the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange submitted resources on or in connection with any other media throughout the world, including, without limitation, the Website.

The User understands and agrees that The smARTteacher may partner with third parties to make the resources provided to The smARTteacher by Users accessible to others, including, for example and without limitation, other artist and educator communities.