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.

USE OF MATERIALS

This site is owned and operated by What's What Productions, LLC, the exclusive worldwide licensee of the Gallavants, all rights to which are owned by Kersti Frigell& Associates,LLC (KF&A). Unless otherwise indicated the contents of Gallavants.com are the property of What's What Productions, LLC, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Gallavants.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of What's What Production's and KF&A's copyrights, trademarks, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by What's What Productions. What's What Productions does not transfer title to the Software to you. As between you and What's What Productions, What's What Productions retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant What's What Productions and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on Gallavants.com, including without limitation via message boards, chat rooms and/or blogs or any other features on Gallavants.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on Gallavants.com. Users are not permitted to upload to, distribute through, or otherwise publish through Gallavants.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on Gallavants.com. Unauthorized collection and/or use of email addresses via Gallavants.com is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of Gallavants.com. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder, message board postings and/or comments made in chat rooms and/or any other features on Gallavants.com. What's What Productions and KF&A are not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Gallavants.com including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder message board postings and/or comments made in chat rooms and/or any other features on Gallavants.com. You acknowledge that What's What Productions may or may not pre-screen and/or monitor content posted on Gallavants.com, and that What's What Productions shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on Gallavants.com at any time for any reason, in What's What Production's sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on Gallavants.com and any rules for conduct on Gallavants.com or use of specific features and/or services offered thereon that may be posted on Gallavants.com, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE

Any informational materials provided on Gallavants.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, What's What Productions and KF&A make no representations or warranties regarding, and expressly disclaim any and all liability concerning, any action by any person following the information offered or provided within or through Gallavants.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES

Your correspondence and dealings with third parties that you encounter via Gallavants.com are solely between you and such entity. You agree that What's What Productions and KF&A shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that What's What Productions and KF&A do not endorse, verify, or make any representations regarding any third party advertisements, products or services and do not confirm that each user of Gallavants.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on Gallavants.com, and you are solely responsible for your decision to submit personal information to any third party.

USER ACCOUNTS

Certain portions of Gallavants.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 Gallavants.com using your account and/or identity. What's What Productions reserves the right at its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of Gallavants.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 destroying all materials obtained from Gallavants.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from What's What Productions, if in What's What Production'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 or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Gallavants.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

WHAT'S WHAT PRODUCTIONS AND KF&A MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO GALLAVANTS.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." WHAT'S WHAT PRODUCTIONS AND KF&A DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO GALLAVANTS.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. WHAT'S WHAT PRODUCTIONS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON GALLAVANTS.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT GALLAVANTS.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF GALLAVANTS.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. WHAT'S WHAT PRODUCTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON GALLAVANTS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WHAT'S WHAT PRODUCTIONS) 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 WHAT'S WHAT PRODUCTIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON GALLAVANTS.COM, EVEN IF WHAT'S WHAT PRODUCTIONS OR A WHAT'S WHAT PRODUCTIONS 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 WHAT'S WHAT PRODUCTIONS'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 GALLAVANTS.COM.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING GALLAVANTS.COM AND AGREEING TO THESE TERMS OF USE.

INDEMNIFICATION

By using Gallavants.com, you agree to indemnify, defend and hold harmless What's What Productions and KF&A 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 Gallavants.com; or (3) any material uploaded by you or through your computer to Gallavants.com or otherwise sent by you to What's What Productions. You will cooperate as fully and reasonably as required by What's What Productions in the defense of any claim. What's What Productions 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 What's What Productions and KF&A.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without giving effect to any principles of conflicts of law. 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.

Updated October 2006.