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Acuerdo de Registración
para la Competencia ThinkQuest
Competencia Abril 04 – Diciembre 04
I. GENERAL
You are registering for participation in the ThinkQuest
Apr 04 Dec 04 Competition described in more detail at www.ThinkQuest.org
(Competition) which is owned and operated by The Oracle Education
Foundation, a California not-for-profit corporation referred to hereinafter
as the Foundation.
When you check the box next to "I Accept
the Terms" below, a legally binding agreement will be created
among the school (School) with which you (Coach, you, your,
etc.) are affiliated, you and the Foundation. Prior to submitting
your Competition web site for judging, the person authorized to act
on behalf of your School will be required to agree to additional legal
terms.
II. OTHER APPLICABLE TERMS
Participation in the Competition up until the
time of your entry submission is subject to and contingent upon your
agreement with the <Rules>
and the <ThinkQuest
Privacy Policy> (each of which is hereby incorporated by reference),
as well as this ThinkQuest Competition Registration Agreement, with
all of the foregoing constituting the legal agreement between you
and the Foundation (Agreement). In addition, as part
of The Competition, you and the School's principal or equivalent School
administrator (Authorized Person) will be required to agree
to separate terms and conditions governing submission of your School's
Competition entry for peer review and judging. Please click
here <ThinkQuest
Entry Submission Agreement> if you wish to review these additional
terms.
III. EFFECTIVE DATE
The Agreement is effective as of the time you
click the registration button below, and will remain in effect until
expiration of ThinkQuest Apr 04 - Dec 04 Competition unless terminated
earlier in accordance with the Agreement. After the expiration
of ThinkQuest Apr 04 - Dec 04 Competition, you will need to register
and agree to separate terms and conditions with respect to any future
competitions offered by the Foundation.
IV. TEAMS, ELIGIBILITY
As described in greater detail in the <Rules>
and <Evaluation
Criteria>, in order to participate in the Competition, applicants
must form teams and be represented by at least one coach. For
specific eligibility requirements, including grounds for disqualification
from the Competition, please refer to the <Rules>
and <Evaluation
Criteria>.
V. COACH'S RESPONSIBILITIES
(a) Parental Permissions and Consents. Coach
is solely responsible for obtaining prior written parental or legal
guardian consents and waivers as may be required by applicable local
law regarding each team member's participation in the Competition
before submitting any information to the Foundation. (b) Guidance
and Oversight. School and Coach are solely responsible for providing
adequate guidance, encouragement and oversight regarding participation
in the Competition, all in accordance with the <Rules>
and <Evaluation
Criteria>. (c) Software Tools. The Foundation may
make available certain software tools or other materials (Program
Tools) for your use during participation in the Competition. Coach
is solely responsible for insuring that Program Tools (if any) are
used in accordance with the Agreement and any specific terms accompanying
the Program Tools. Unless otherwise specified in writing by
the Foundation or its suppliers, Program Tools may be used only for
activities directly related to your participation in the Competition.
(d) Resources. You understand and agree that the Foundation
shall have no obligation to provide resources, including without limitation,
(1) software, hardware, telecommunications and other technology resources;
(2) work space; (3) personnel; (4) educational materials and other
content; or (5) financial assistance associated with the foregoing
or in any way related to a team's participation in the Competition.
You and/or the School will either provide or facilitate the provision
of all required resources to your team as a condition of participation
in the Competition.
VI. THE COMPETITION
For additional information concerning content
guidelines, schedule and deadlines, judging criteria, and applicable
rules, please refer to the <Rules>
and <Evaluation
Criteria>.
VII. REGISTRATION DATA
In order to participate in the Competition, you
must complete the registration process, which will be finalized upon
your acceptance of this Agreement, and includes the submission of
certain information about you, your School, additional coach(es) and
your team members (Registration Data). All Registration
Data is treated in accordance with the <ThinkQuest
Privacy Policy>. To update your Registration Data, please
visit the <manage teams> page.
The Foundation will provide all registrants with a password or passwords
(Passwords) in order to facilitate the uploading of information
or administering accounts. You understand and agree that Passwords
may only be used in accordance with this Agreement and for the sole
purpose of your team's participation in the Competition in accordance
with the <Rules>
and <Evaluation
Criteria>. You are responsible for maintaining the confidentiality
of all Passwords issued to you and your team(s), and are fully responsible
for all activities that occur under your Passwords, whether or not
expressly authorized by you. You shall notify the Foundation
immediately by sending an email to thinkquest.ww@oracle.com upon becoming
aware of any actual or suspected abuse or unauthorized use of the
Passwords issued to you.
VIII. FOUNDATION PROPRIETARY RIGHTS
The Program Tools and other information that may
be provided to you or otherwise accessible by you during your participation
in the Competition (collectively, the Program Related Materials)
may be protected by copyright, trademarks, service marks, trade secret
or other laws or proprietary rights agreements and you are only permitted
to use them as expressly authorized by the Foundation. You hereby
agree to comply with and shall insure that each team member
and the School comply with, any additional copyright notices or restrictions
contained in or accompanying the Program Related Materials.
Except for purposes directly related to your participation in the
Competition, you shall not permit others to: (1) publish, transmit,
transfer or sell, reproduce, distribute, perform, display, or in any
way exploit any of the Program Related Materials in whole or in part;
(2) sublicense the Program Related Materials to any third party or
use the Program Related Materials for any commercial purpose; (3)
alter the Program Related Materials in any way (including without
limitation, by removing copyright, trademark and other proprietary
notices included with the same); or (4) create any derivative works
of the Program Related Materials unless expressly permitted to do
so.
Nothing contained in the Agreement shall be deemed
to grant, either directly or by implication, estoppel or otherwise,
any right or license under any intellectual property rights, including
without limitation, any Foundation or Oracle trademarks or service
marks (whether or not registered) other than or in addition to the
licenses expressly set forth herein.
IX. TERM AND TERMINATION
The Agreement may be terminated at any time for
convenience by either the Foundation, you or your School, upon thirty
(30) days prior written notice to the other party, such notice to
be provided in accordance with the notice provision in Section XI(b)
of this Agreement.
The Foundation in its sole discretion, may terminate
and/or suspend School's participation in the Competition effective
immediately upon the Foundation's notice to you, (a) if you, School,
or your team members: (1) violate any of the terms and conditions
of the Agreement; or (2) use the Program Related Materials or the
proprietary technology or intellectual property of the Foundation
or any third party in violation of the Agreement or an international,
federal, state or local law or regulation; or (b) if the Foundation
chooses to discontinue the Competition.
X. RISK ALLOCATION
(a) Representations & Warranties of School.
You hereby represent and warrant to the Foundation that you and the
School: (1) shall comply and shall cause the team members to comply
in all material respects with the terms and conditions of the Agreement;
(2) shall not and shall not permit team members to damage the goodwill
or reputation of the Foundation or disparage or misrepresent the Competition
in any manner whatsoever; and (3) shall comply and shall cause the
team members to comply with all applicable local, state, national,
and international laws and regulations.
(b) Indemnification. You hereby agree to
defend, indemnify, and hold harmless the Foundation, its parent corporation,
subsidiaries, and each of their officers, employees, directors, shareholders,
and agents from and against any and all claims, liabilities, damages,
losses, or expenses, including reasonable attorneys' fees and costs
made by any third party, due or arising out of or in any way connected
with your participation in the Competition.
(c) Warranty Disclaimers
THE COMPETITION AND ALL INFORMATION MADE AVAILABLE THROUGH THE COMPETITION
OR ANY WEB SITE PROVIDED BY THE FOUNDATION IS PROVIDED AS IS
AND ON AN AS AVAILABLE BASIS WITH ALL FAULTS AND WITHOUT ANY
WARRANTIES. THE FOUNDATION HEREBY DISCLAIMS ANY WARRANTY OR
CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION
OF THE COMPETITION, THE PROGRAM RELATED MATERIALS, OR ANY OTHER INFORMATION
ACCESSIBLE BY ANY PARTY IN THE COURSE OF COMPETITION PARTICIPATION,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT, TITLE,
AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF
TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE FOUNDATION
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY
OR FAILURE TO STORE SUBMISSIONS OR ENTRIES.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR PROGRAM RELATED MATERIALS
DOWNLOADED, UPLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE THINKQUEST WEB SITE OR THROUGH ANY OTHER MEANS OF DELIVERY
IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD, UPLOAD OR INSTALLATION OR USE OF SUCH INFORMATION
OR PROGRAM RELATED MATERIALS. THE FOUNDATION DOES NOT WARRANT
THAT ITS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM THE FOUNDATION
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF
SOME WARRANTIES AND YOU MAY HAVE CERTAIN RIGHTS DEPENDING ON YOUR
STATE OR JURISDICTION.
(d) Liability Limitation
AS A CONDITION OF AND IN CONSIDERATION OF YOUR PARTICIPATION IN THE
COMPETITION, YOU AND THE SCHOOL HEREBY AGREE THAT IN NO EVENT WILL
THE FOUNDATION NOR ITS PARENT CORPORATION, SUBSIDIARIES, AND EACH
OF THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AND AGENTS,
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES, OR DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOSS OF
USE OR INTERRUPTION OF BUSINESS, LOST DATA, WORK STOPPAGE, EXPENSES,
COSTS, OR COMPUTER FAILURE OR MALFUNCTION) RESULTING DIRECTLY OR INDIRECTLY
FROM OR OTHERWISE ARISING IN CONNECTION WITH THE COMPETITION, REGARDLESS
OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION,
ACTIONS IN CONTRACT, WARRANTY, NEGLIGENCE, OR PRODUCTS LIABILITY),
EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING: (1) any
defect in, or download, use, or attempted use of, or inability to
use, any information or Program Related Materials made available by
the Foundation; or (2) inability to access or use the ThinkQuest web
site. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY
REPRESENTS A REASONABLE ALLOCATION OF RISK. Some jurisdictions
do not allow the limitation or exclusion of liability. Accordingly,
some of the above limitations may not apply to you.
You agree that any suit or other legal action or any arbitration brought
by you relating in any way to the Competition, including your use
of any Program Related Materials, must be officially filed or officially
commenced no later than one (1) year after the claim first arises.
XI. GENERAL PROVISIONS
(a) Jurisdiction and Venue. Any claim
or dispute relating to your participation in the Competition, including
use of the Program Related Materials by School, its coach(es) or team
members, shall be governed by and interpreted in accordance with the
laws of the state of California (without reference to choice of law
principles that might apply the law of any other jurisdiction), which
shall take priority over any foreign laws, rules, and regulations.
You hereby (1) waive all right to trial by jury; (2) consent to the
exclusive jurisdiction of the Supreme Court of the State of California
and of the United States District Court for the San Mateo District
of California; and (3) consent that any process of notice of motion
or other application to the court or judge thereof may be served within
or without the State of California by registered or certified mail,
or by personal service, provided a reasonable time for appearance
is allowed. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to the Agreement.
(b) Notices. Subject to subparagraph
(a) immediately above, all notices to a party shall be in writing
and shall be made via e-mail to thinkquest.ww@oracle.com for notices
to the Foundation, or to the e-mail address provided to the Foundation
as part of the Registration Data for notices to you, or such other
address as either party may specify. If you wish to update your
information, please visit the <account management> page.
(c) Severability; Entire Agreement.
In the event that any provision of the Agreement shall, in whole or
in part, be determined by a court of competent jurisdiction, to be
invalid, unenforceable or void for any reason, such determination
shall affect only the portion of such provision determined to be invalid,
unenforceable, or void, and shall not affect in any way the remainder
of such provision or any other provision of the Agreement. You
agree to allow a court or arbitrator to replace such an invalid, unenforceable,
or void provision with a valid provision which is as similar as possible
in substance to the invalid, unenforceable, or void provision.
The Agreement and any modifications hereto constitutes the entire
agreement between the parties with regard to the subject matter hereof
and supersedes all prior understandings and agreements, whether written
or oral, as to such subject matter.
(d) No Waiver. The waiver by the Foundation
of any default or breach of the Agreement shall not constitute a waiver
of any other or subsequent default or breach. The Foundation's
failure to act with respect to a breach by you or others does not
constitute a waiver of its right to act with respect to subsequent
or similar breaches.
(e) Assignment. The Agreement shall
be binding upon and inure to the benefit of the parties hereto and
their respective heirs, successors, and permitted assigns. The
Agreement may be assigned, with or without your consent, by the Foundation
to any person, partnership, corporation or other entity which succeeds
to the business of the Foundation or which has purchased substantially
all of the assets of the Foundation. You may not assign your
rights or delegate your obligations under the Agreement and any such
attempted assignment or delegation shall be void and of no effect.
(f) Survival. The provisions contained
in Articles VIII, X, and XI, as well as in Section (a) of Article
V, shall survive termination or expiration of the Agreement.
(g) Further Assurances. Each party
hereto shall execute, acknowledge, and deliver, or cause to be executed,
acknowledged, and delivered, such instruments and take such other
action as may be necessary or advisable to carry out its obligations
hereunder, and to implement the terms and conditions of the Agreement.
(i) Language. The parties confirm
that this Agreement and all related documentation will be drafted
in English. Les parties aux présentés
confirment leur volonté que cette convention de même
que tous les documents y compris tout avis qui s'y rattaché,
soient redigés en langue anglaise.
(j) Binding Agreement. By checking
the box next to 'I accept the Terms of ThinkQuest' below, you hereby
acknowledge (1) that you have read and understand the Agreement; and
(2) that the Agreement has the same force and effect as a signed agreement.
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