Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the ‘Site’). This Site at GETSCHOOLED.COM is fully controlled and operated by Viacom Inc. (“VIACOM”) in collaboration with the Bill & Melinda Gates Foundation (the “FOUNDATION”). By accessing and using this Site, you are hereby agreeing to be legally bound by these terms and conditions. If you do not agree with all of the following terms of use, please do not use this Site.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and VIACOM. In this Agreement, the term “Site” includes all websites and webpages within GETSCHOOLED.COM as well as any equivalent, mirror, replacement, substitute or backup websites and webpages thereto and thereof. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site may also provide rules of participation (“Rules”) for certain activities and services including, but not without limitation, contests and sweepstakes, awards programs, membership clubs and email. The Site’s Privacy Policy, Additional Terms, and any Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, Privacy Policy, Additional Terms, or Rules, including any indemnifications, warranties, and limitations of liability.

The content that appears on this Site is for information purposes only. Before you act on information that you find on this Site, VIACOM encourages you to confirm any facts that are important to you and the decisions you make. While VIACOM strives to provide useful and accurate information on our Site, you should know that errors may appear from time to time. The content and materials posted by you and other users and third parties is not endorsed by VIACOM, nor does VIACOM guarantee the accuracy of any postings.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of VIACOM and/or its subsidiaries, affiliates, assigns, licensors or other respective owners or rights holders, including the FOUNDATION, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. VIACOM hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of VIACOM. Use of VIACOM’s and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

MESSAGE BOARDS AND OTHER POSTINGS

To the extent that portions of this Site provide users an opportunity to submit, post, and exchange ideas, information and other material (the “Postings”) and their online user names (the “User Names”), please be advised that Postings do not necessarily reflect the views of VIACOM, or their affiliates. In no event shall VIACOM assume or have any responsibility or liability for any Postings or User Names or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings and User Names you provide and all information they contain and that such Postings and User Names shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

By submitting a Posting, you hereby authorize VIACOM to use, and authorize others to use, your Postings and User Names in whole or in part, on a royalty-free basis throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, including without limitation commercial use on and advertising and promotion of the Site. Without limiting the foregoing, VIACOM will have the right to use and change the Postings in any manner, either with or without the User Name, that VIACOM may determine. Notwithstanding the foregoing, VIACOM will have no obligation to use the Postings or the User Names. Additionally, VIACOM may sweep its message boards and Postings regularly in its sole discretion. Please be advised that in no event shall VIACOM assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on the Site, affiliated television program services or elsewhere.

You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:

1. violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that VIACOM deems in its sole discretion to be inappropriate for this Site;
4. victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. harms minors in any way;
6. impersonates any person, business or entity, including VIACOM, the FOUNDATION or employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
7. involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
8. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
9. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
11. otherwise interferes with the use or enjoyment of this Site by others;
12. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
13. is intended to promote and/or generate revenue for any third party business activity; or
14. violates these Terms of Use or any guidelines or policies posted on this Site.

VIACOM discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, “masked” vulgarity, obscenity or profanity (e.g., “f*cK”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the Site. VIACOM reserves the right to delete any such material from the Site. VIACOM will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use.

You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Although VIACOM regularly monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, VIACOM will make every effort to ensure that the message boards best serve the interests of all users and, therefore, reserves the right to refuse to post, edit, or delete messages that contain any of the above referenced elements, as well as revoke the privileges of users who do not comply with such rules.

WAKE UP AND GET SCHOOLED CALLS TERMS OF PARTICIPATION

Important: Please read these Terms of Participation before entering your information and agreeing to receive wake up calls from local celebrities on behalf of The Get Schooled Foundation (the “Wake Up And Get Schooled Calls”).

By clicking on the “I Accept” button, you agree to be bound by these Terms of Participation and the www.getschooled.com Terms of Use, which are incorporated by reference, and represent that you satisfy all of the eligibility requirements below.

The Wake Up And Get Schooled Calls are available only to residents of the 50 United States and District of Columbia over the age of 13 who are currently enrolled in school and who have an active mobile or wireline telephone number. If you do not meet any of these requirements, you are not eligible to receive Wake Up And Get Schooled Calls and The Get Schooled Foundation reserves the right to delete your information and not provide Wake Up And Get Schooled Calls to you.

By clicking “I Accept” and submitting your telephone contact information, you expressly agree to receive pre-recorded telephone calls from a celebrity on behalf of The Get schooled Foundation, a non-profit organization, which may be placed to you using an “autodialer.” Wireless service may not be available in all areas. Voice and/or data rates may apply. By clicking “I Accept,” you also consent to being placed on a mailing list for promotional and other purposes.

You may opt out of receiving Wake Up and Get Schooled Calls at any time by calling 1-888-615-1055 or sending an e-mail to info@getschooled.com

The Get Schooled Foundation, all participating celebrities and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, incomplete, or un-delivered, garbled or distorted Wake Up and Get Schooled Calls; (b) telephone, electronic, hardware, network, Internet, or other communications-related malfunctions or failures; (c) or any offer or call you may miss as a result of answering the Wake Up and Get Schooled Call. In addition to the foregoing and the Disclaimers and Limitations of Liability contained in the Terms of Use, you release the Get Schooled Foundation and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the delivery, misdelivery, answering, use of or inability to use any Wake Up and Get Schooled Call (including, without limitation, claims, costs, injuries, losses and damages related to rights of publicity or privacy, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. The Get Schooled Foundation’s privacy policy applies to its collection of information.