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Terms of Use Agreement

General
This agreement governs the use of the TCRecord.org web site and all TCRecord.org content, including interactive learning materials, software, and discussion boards. The site is operated by Teachers College, Columbia University in the City of New York at 525 West 120th Street, New York, New York 10027. Additional terms and conditions may be posted in specific areas of the site, and along with this agreement, govern use of those areas. This agreement and other additional terms and conditions are referred to as the "Agreement."

Right to Modify Terms and Conditions
Teachers College reserves the right to change or modify this Agreement at any time. Such changes will take effect immediately upon publication of the changes on the TCRecord.org site. Use of the TCRecord.org site constitutes binding acceptance of the terms and conditions in the Agreement and any other posted notices.

Account Information, Password, and Security
Users are responsible for maintaining the confidentiality of their account and password. Users are solely responsible for any and all activities that occur under their account and agree to notify TCRecord.org of any unauthorized use of their account or other breach of security.

Rights to TCRecord.org Content
Users of TCRecord.org acknowledge that TCRecord.org contains text, photographs, audio and video clips, graphics, software, links, discussion comments, and other materials that are protected by copyright, trademark, patent, and other rights of Teachers College or third parties.

Personal and Non-Commercial Use Limitation
Users of TCRecord.org may use the materials contained on TCRecord.org only for their personal, noncommercial use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from TCRecord.org.

Rights to Materials Posted by Users on TCRecord.org
Users may post on TCRecord.org content owned by them such as original statements, content that is in the public domain, or content owned by others for which they have received express permission. Users assume complete responsibility for determining if content they post on TCRecord.org is in the public domain. Users grant to Teachers College and any sublicensees the right to edit, copy, publish, distribute, translate, or otherwise use, in any medium now available or yet to be invented, content they place on TCRecord.org and to publish the name of the user placing the content on TCRecord.org. Users represent and warrant that they are authorized to grant such rights. Unless otherwise specified in the TCRecord.org copyright assignment agreement governing submitted scholarly articles, no compensation will be paid with respect to the use of content placed by users on TCRecord.org.

Rules of Conduct on TCRecord.org
Users shall not post on TCRecord.org any content or links to content that violates the rights of others, including but not limited to content that infringes any copyright, trademark patent, trade secret or that violates any right of privacy or publicity. Users shall not post on TCRecord.org any content or links to content that is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening. Users shall not post on TCRecord.org any content or links to content that contains viruses or other contaminating or destructive features. Users shall not post on TCRecord.org any content or links to content that violates any applicable law.

Management of Content
Other than scholarly articles submitted through the manuscript submission system, TCRecord.org does not review the content posted by users on TCRecord.org and is not responsible for such content. At its sole discretion, TCRecord.org does reserve the right to edit, move, or remove any content, including content posted in any interactive area, that it may determine violates this Agreement or is otherwise unacceptable. Users are solely responsible for all content posted under their account and password. At its sole discretion, TCRecord.org shall have the right, but not the obligation, to correct any errors or omissions in any content.

Indemnification
Users agree to indemnify, defend, and otherwise hold harmless, TCRecord.org, Teachers College, and other information providers featured on TCRecord.org against any and all claims, liabilities, losses, costs and expenses, including attorney’s fees, incurred in connection with any use of the TCRecord.org site under their password by any person, whether or not authorized by the user. TCRecord.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users agree to cooperate with TCRecord.org’s defense of such claims. TCRecord.org will not be liable for any loss that users may incur from the unauthorized use of their account. Users are liable for any loss that TCRecord.org may suffer as the result of the authorized or unauthorized use of their account. Users may not use the account of another user at any time without the permission of the account owner.

Termination of Use
TCRecord.org reserves the right to restrict, suspend or terminate user access to the TCRecord.org site at any time for any reason without prior notice or liability. Teachers College may modify, suspend or discontinue all or any part of the TCRecord.org site at any time without prior notice or liability.

Disclaimer of Warranties
Neither Teachers College nor any provider of third party content nor their respective agents warrants that TCRecord.org will be uninterrupted or error free. Neither Teachers College nor any provider of third party content nor their respective agents makes any warranty regarding the results to be obtained from the use of TCRecord.org or the materials contained therein. TCRecord.org is provided and distributed on an "as is, as available" basis. Neither Teachers College nor any provider of third party content nor their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of fitness for a particular purpose, with respect to any materials provided by or announced through TCRecord.org. Neither Teachers College nor any provider of third party content nor their respective agents warrants that any files available for downloading through TCRecord.org will be free of viruses or similar contamination or destructive features. Users agree to assume the entire risk associated with the quality and performance of TCRecord.org and the accuracy and completeness of content provided on TCRecord.org.

Neither Teachers College nor any provider of third party content nor their respective agents shall be liable for any damages arising out of the use or inability to use TCRecord.org whether such damages be direct, indirect, incidental, special or consequential, even if such parties have been advised of the possibility of such damages.

In states that do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, the liability of Teachers College, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. If users are dissatisfied with any portion of TCRecord.org, or with any of these terms and conditions of use, the sole and exclusive remedy is to discontinue using TCRecord.org.

Jurisdiction
This agreement shall be interpreted and construed in accord with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York, NY, the Borough of Manhattan.

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