Terms of Use

This policy was last modified on October 7, 2010

These Terms of Use set forth the terms and conditions that apply to your use of http://irispmt.emergebeta.com (the "Website") owned by IRIS Media, Inc., doing business as IRIS Educational Media.  By using the Website (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity.

Use of Content; Copyright

Upon acceptance of these Terms and Conditions, IRIS Media authorizes you to view or download a single copy of the material on this Website solely for your personal, noncommercial use. (If your use of this Website is through membership in an organization, please consult your Organization Administrator about alternate download terms which may be available to you.)

The contents of the IRIS Media site, such as trademarks, text, graphics, images and other material (collectively “Content”) are protected by copyright and other laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of IRIS Media.

You agree to place no Content on any page of this Website which infringes on or violates the rights of any third party, including but not limited to third party copyrights, trademark rights and personal right to privacy. If you feel your proprietary rights in any Content, or other personal rights, are violated by any posting on this Website, please contact IRIS Media immediately.

Links to Third Party Websites

IRIS Media Inc may provide hyperlinks to third party websites as a convenience to users of the Website. IRIS Media Inc. does not control third party websites and is not responsible for the contents of any linked-to third party websites or any hyperlink in a linked-to site. IRIS Media Inc. does not endorse, recommend or approve any third party website hyperlinked from the Website. IRIS Media Inc. will have no liability to any entity for the content or use of the content available through such hyperlink.

No Representations or Warranties; Limitations on Liability

The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.

IRIS Media makes no representation of warranties with respect to any information, material or on the Website, all of which is provided on a strictly ”as is” basis, without warranty or any kind and hereby expressly disclaims all warranties with regard to any information, materials or graphics on the Website, including all implied warranties of merchantability, fitness for a particular purpose and on-infringement. Under no circumstances shall the site owner or publisher be liable under any theory of recovers, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of information or services, or the failure to provide information or services, from the Website.

Changes to These Terms of Use

IRIS Media reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. Any questions relating to the Terms of Use may be submitted by completing the questions or comments section located on our contact page.

Privacy

IRIS Media Inc is committed to protecting the privacy of those individuals who visit the IRIS Media website. The information collected through the Website is used to provide the services you request, fulfill product purchases, and enhance your online experience. The following is a brief overview of our privacy policy and unless otherwise stated addresses the information collected from you via online only.

Any question concerning this policy and its contents can be addressed by completing the questions or comments section located on our contact page.

If your use of this Website is through membership in an organization, please contact your Organization Administrator for Privacy Terms, which are in addition to these Terms.

What information do we collect from you?

In order to provide you with the ultimate online experience, IRIS Media collects three types of information: critical, non-critical, and analytics . While all types are completely voluntary, critical information is required to complete online product purchases.

Critical Information

Critical information is necessary and required to complete the online purchasing process and the import of data as it relates to class lists or school information. This information may include but is not limited to things like names, addresses, phone, email address, credit card information or other payment information, screening data, progress notes.

Non-Critical Information

Non-critical information is collected in order to enhance your online experience. This information may include things like your name, shipping address, email address, and comments concerning IRIS Media. The non critical information collected through our mailing list form is used to subscribe you to product updates. Information collected through our comments form will be evaluated and the requests will be responded to accordingly. Completing this section will also subscribe your email and you will begin receiving product updates. You may opt out at any time.

Analytics

IRIS Media uses an analytics service call ClickTale (Service)

What information we collect with our Service

The information collected by our Service may include:

  1. Generic Characteristics of your computer such as: browser type, system language, OS version, time zone and screen resolution metrics.
  2. The web pages that you visit in the website and the URLs of the web pages that referred you to that website.
  3. Any mouse movements, mouse clicks and keystrokes on website.
  4. Any information you enter and submit to the website. As a result, if you choose to supply personal information (such as, but not limited to, name, address or contact information) on the website, such information will be collected by the Service.
  5. Your IP address.
  6. Session information stored in cookies that are used to ensure accurate data is extracted from our systems.These cookies do not include any personal data.

What information we do NOT collect

  1. We do NOT collect any information about websites which do not use the Service.
  2. We do NOT collect any information about other programs that you are running on your computer.
  3. We do NOT assign a global unique identifier to you.
  4. We do NOT collect any passwords that you enter in the website.
  5. We do NOT collect key strokes that happen in fields that we designate as "sensitive".

 

Who is collecting the information?

The sole purpose of collecting information is to enhance customer experience. The information we collect from you is done through the Website. This is the only means of collecting information from you.

How is your information used?

The information you provide us is used in many ways. The type of information collected will determine the manner in which it is used.

Critical Information

Once critical data is used to fulfill purchasing requests; payment details such as credit card information will not be retained. Such items, specifically the credit card information will be purged from the system. The remainder of your information will be placed into a secure database for future reference.

Non-Critical information

Non critical information that you provide will be placed into our secure database. This may include things like your name, address, email address, and comments.

Analytics

What we do with your information

Any information we collect will be used in accordance with applicable laws for the following purposes:

  1. To provide us with raw or aggregate reports regarding visitor interactions on the website, that may include for example: aggregate reports of clicking or mouse movement activity, aggregate reports of scrolling activity and recreation of visitor browsing sessions.
  2. We will use the information to perform anonymous aggregated web surfing analysis and statistical reports.
  3. For auditing, research and analysis to operate and improve Service technologies.
  4. We may share information with third parties in limited circumstances, including, without limitation, when complying with legal requirements, preventing fraud or imminent harm, and ensuring the security of our network and services. We may further share certain pieces of aggregated, non-personal information, such as average page load time, or the number of pages processed by our system per day. Such information does not identify you individually.
  5. When you send email or other communication to IRIS Media, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
  6. When we use third parties to assist us in processing your personal information, we require that they comply with our Privacy Policy and any other appropriate confidentiality and security measures.

Except as described herein, we do NOT:

  1. Disclose your information.
  2. Share your information with third parties

 

Who do we share the information with?

The information collected on the Website is currently collected for the exclusive use of IRIS Media and its employees for business purposes only.

Your choices regarding collection, distribution, and retention of your information.

You will occasionally receive email regarding upcoming products, current promotions, and new additions to the Website. Included with each of these communications is the option to "opt out" of any future mailings. You may also "opt out" by completing the request form located on our contact page. After completing either of the following, you will not receive further contact from IRIS Media unless you purchase a new product, join our mailing list, or send us a comment.

To ensure data integrity, all of our transactions are handled using third party vendors. Online orders placed with IRIS Media are secured with DigiCert SSL encryption.

Catalog Mailing list

IRIS Media occasionally purchases mailing lists from outside vendors for the purpose of sending catalogs. We will be happy to remove you from any mailing list that we generate from our customer records, but please be aware that we may not be able to remove your name from lists that we purchase from outside vendors.

Updating your contact information through IRIS Media

If you feel that we have made an error in processing your contact information or you would like to update such data, you may contact IRIS Media at the following address:

IRIS Media Inc, dba IRIS Educational Media

258 East 10th Avenue

Eugene, OR 97401

If you wish, you may also contact us by completing the questions or comments section located on our contact page.

Contacting IRIS Media about privacy question or comments.

If you feel information on the Website is inaccurate, objectionable or in violation of these Terms of Use, or if you have any questions concerning the privacy policy or you would like specific topics explained further, you may contact IRIS Media at the following address:

IRIS Media Inc, dba IRIS Educational Media

258 East 10th Avenue

Eugene, OR 97401

If you wish, you may also contact us by completing the questions or comments section located on our contact page.

Changes to the privacy policy.

If you have not read this policy as described after the date listed at the top of the policy, please do so as some of our options have changed. IRIS Media reserves the right to change the terms and conditions at any time. Any changes made are effective immediately unless otherwise noted.

What IRIS Media does with non-personal information

Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that IRIS Media can use or share non-personal information. IRIS Media is always looking for ways to better serve you and improve this website. IRIS Media will use non-personal information from you to help us make this website more useful to visitors. IRIS Media also will use non-personal information for other business purposes. For example, IRIS Media may use non-personal information or aggregate de-identified personal information to:

  1. Create reports for internal use to develop programs, products, services or content
  2. Customize the information or services that are of interest to you
  3. Share it with or sell it to third parties
  4. Provide aggregated "traffic statistics" and "response rates" to third parties

Discussion Forum

Notice of Prohibition Against Disclosing Personal Information in Discussion Forums

YOU AGREE NOT TO DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION AND PROTECTED HEALTH INFORMATION IN THE WEBSITE DISCUSSION FORUMS, OR IN ANY OTHER INTERACTIVE AREAS (COLLECTIVELY REFERRED TO AS "DISCUSSION FORUMS"). IF YOU BELIEVE PERSONALLY IDENTIFIABLE INFORMATION OR PROTECTED HEALTH CARE INFORMATION IS POSTED IN THE DISCUSSION FORUM, PLEASE CONTACT US IMMEDIATELY, AS DESCRIBED ABOVE.

You are prohibited from placing any personally identifiable information or protected health information of you or any other person in the Discussion Forums. You should be aware that if you do disclose personally identifiable information (a name, e-mail address, etc.) or protected health information in the Discussion Forums of the Website, that information, along with any other substantive information, is available to all other Discussion Forum users, and can be collected and correlated and used by recipients and may be disclosed by recipients to third parties, without your consent or our consent. Such activities are beyond the control of IRIS Media. IRIS Media makes no warranties about the discoverability of your personal information or identity by methods beyond our control.

Through the Discussion Forums, IRIS Media gives you a place to share information and ideas with others. Since this is an education community, courtesy and compassion are doubly important. Use of good taste and sensitivity is essential towards all others in the Discussion area.

Within the limits of these Terms of Use, IRIS Media provides Discussion Forums for you to meet and share information and ideas as you wish. If reported to us, postings containing a threat of harm to oneself or another person will be removed from the site. If you are an Organization member user, your Organization has an Organization Administrator who is responsible for facilitating your proper use of these Websites. Please consult your Organization Administrator regarding questions concerning your Organization’s Agreement with IRIS Media. If you feel you are in crisis, please seek professional guidance immediately.

The following resources may be of value to you.

These guidelines apply to all content you post to our site, including text, links, photos and videos. To help create a positive environment, follow the guidelines below. Be sure to check periodically for updates to these guidelines as our community expands.

Do:

Remember you are disclosing to all Discussion Forum users the information you post to the Discussion Forum. If you do not want to disclose protected personal identifiable information, do not do so, or do not use the Discussion Forum.

Respect others' opinions — if necessary, agree to disagree.

Behave ethically.

Use good judgment — stay in good taste when discussing sensitive topics.

Be fair and informative — include both the pluses and minuses.

A word about language: Strong or vulgar language or crude references are not appropriate.

Do Not:

Harass, verbally attack or threaten others.

Pretend to be someone you are not or claim false credentials.

Post or link to content that is obscene or otherwise objectionable.

Use the community for commercial or advertising purposes.

Post content that isn’t yours — whether copyrighted or someone's personal material.

Believe everything you read — postings may be inaccurate or inappropriate for you and should not be taken as medical advice.

Engage in, link to, or promote illegal activities or content.

Post personal information about yourself or someone else.

IRIS Media does not monitor or edit content, but IRIS Media retains the right to remove any content that IRIS Media deems inappropriate. Violations of these guidelines could lead to the suspension or deactivation of your IRIS Media account and all content associated with it.

You may see things in the Discussion Forum area that you did not want to encounter. You can ignore them, but we prefer you report it by clicking on the Report Abuse link.

Special Rules about Children’s Privacy

IRIS Media cares about protecting the online privacy of children. The Website is not for the use of any person under the age of 13 years. IRIS Media will not intentionally collect any personal information (such as a child’s name or e-mail address) from children under the age of 13 without the permission from the child’s parent or guardian. If you think that IRIS Media has collected personal information from a child under the age of 13, please contact us immediately.

What About Website Security?

IRIS Media takes reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind no one can guarantee that an Internet transmission is 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them. Please note that your personal information may remain visible in the browser after you logout, so you should always close the browser if you are concerned about guarding that information. You should also take special care to close the browser after you logout if you use a public access computer, such as is found in public libraries and Internet cafes.

IRIS Media’s Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. IRIS Media and its officers and affiliates make no representations about the results to be obtained from using the IRIS Media Site or the Content. The use of this IRIS Media Website and the Content is at your own risk.

THE IRIS MEDIA SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IRIS MEDIA TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IRIS MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE IRIS MEDIA SITE.

IN NO EVENT SHALL IRIS MEDIA OR ANY THIRD PARTIES MENTIONED AT THE IRIS MEDIA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ) RESULTING FROM THE USE OF IRIS MEDIA SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

NO WARRANTIES. THIS SITE, ITS LINKS AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IRIS MEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IRIS MEDIA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

IRIS MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER IRIS MEDIA NOR ANY PERSON OR COMPANY ASSOCIATED WITH IRIS Media SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS IRIS MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

IRIS MEDIA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NON-PERFORMANCE INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE. BY USING THIS SITE YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTER-EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF IRIS MEDIA AND ITS SUPPLIERS.

IF, NOTWITHSTANDING THE FOREGOING, IRIS MEDIA OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE TOTAL LIABILITY OF IRIS MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL IRIS MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF IRIS Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OWNERSHIP

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Website services are owned by IRIS Media, Inc. or its licensors, and you agree to make no claim of interest in or ownership of any such Website Intellectual Property Rights. You acknowledge that no title to the Website Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in IRIS Media, Inc. or its licensors' service, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by IRIS Media, Inc. and all right, title and interest in and to each such Derivative Work shall automatically vest in IRIS Media, Inc. IRIS Media, Inc. shall have no obligation to grant you any right in any such Derivative Work.  

Indemnification

By your use of this site you agree to defend, indemnify and hold IRIS Media, its officers, directors, employees, agents, parent, and partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this site, including all content and services in a manner than violates or is alleged to violate these Terms of Use. IRIS Media shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suite or proceeding.

Jurisdiction

IRIS Media is based in Eugene, Oregon in the United States of America. You expressly agree that exclusive jurisdiction for any dispute with IRIS Media, or in any way relating to your use of THIS WEBSITE, resides exclusively in the courts of the State of Oregon and you further agree and expressly consent to the exclusive exercise of personal jurisdiction in the courts of the State of Oregon in connection with any such dispute including any claim involving you and IRIS Media. These Terms and Conditions are governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement.

These terms and conditions constitute the entire agreement between you and IRIS Media with respect to the use of the iris media site and content contained therein.

Thank you for your cooperation with these Terms and Conditions. IRIS Media hopes you find the IRIS Media site helpful and convenient to use. Questions or comments regarding this site should be sent by e-mail.