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| Legal Restrictions and Terms of Use Applicable to this Site |
| Use of this Site Signifies your Agreement to the Terms of Use. |
| PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE |
| By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.
The following legal restrictions and terms of use apply to wyzeone.com and any other site owned and/or operated by or on behalf of FirstVision Media Inc. or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "Wyzeone.com" and "Wyzeone" and/or “we” respectively). |
| USER ACCOUNTS |
| Certain portions of wyzeone.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of Scholastic.com using your account and/or identity. Scholastic reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of Scholastic.com for any reason, including without limitation for extended periods of inactivity. |
| TERMINATION |
| This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by emailing support at support@wyzeone.com and requesting to have your account terminated. This Agreement will terminate immediately without notice from Wyzeone, if in Wyzeone's sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the fair gameplay of this site. |
| DISCLAIMER |
| WYZEONE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO WYZEONE.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." WYZEONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO WYZEONE.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. WYZEONEC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON WYZEONE.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT WYZEONE.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF SCHOLASTIC.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. WYZEONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON WYZEONE.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WYZEONE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WYZEONE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON SWYZEONE.COM, EVEN IF WYZEONE OR A WYZEONE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WYZEONE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING WYZEONE.COM. YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING WYZEONE.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." |
| INDEMNIFICATION |
| By using Wyzeone.com, you agree to indemnify, defend and hold harmless Wyzeone from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Wyzeone.com; or (3) any material uploaded by you or through your computer to Wyzeone.com or otherwise sent by you to SWyzeone. You will cooperate as fully and reasonably as required by Wyzeone in the defense of any claim. Wyzeone reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Wyzeone. |
| JURISDICTIONAL ISSUES |
| Wyzeone.com is controlled and operated by Wyzeone from its offices in Utah, United States of America. Wyzeone makes no representation that materials on Wyzeone.com are appropriate or available for use in other locations. Those who choose to access Wyzeone.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. |
| OTHER |
| This Agreement shall be governed by and construed in accordance with the laws of the state of Utah, without giving effect to any principles of conflicts of law. You and Wyzeone each agree to submit to the exclusive jurisdiction of the courts of the state of Utah. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein. |
| PERMISSION FOR WEB LINKING |
| You are welcome to link to our websites under the following conditions: Any such link must not damage, dilute or tarnish the goodwill associated with Wyzeone and/or any Wyzeone intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Wyzeone, and you may not “frame” Wyzeone.com. You may not link to Wyzeone.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Wyzeone’s sole discretion. Scholastic reserves the right, in its sole discretion, to terminate any link from any web site. |
| PRIZES |
| By signing up to play the games within the Wyzeone.com site you agree that Wyzeone makes no guarantee in anyway to any player that they will win any prize advertised on the site. All prizes are awarded as per the rules of the game and Wyzeone's decision in all prize awarding is final and not open to dispute. |