Terms and Conditions
Terms Governing Use of and Access to the Winsight® Website
This website www.winsight.org ("Website") is an internet site maintained by Educational Testing Service and its respective divisions, subsidiaries and affiliates ("ETS") as a service to the internet community.
ETS may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. ETS may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.
This Website is for noncommercial use. The purpose of this Website is to provide information, educational services and communication with ETS. All materials are provided solely for personal/institutional, non-commercial use.
For guidelines on the proper informational use of ETS trademarks, please refer to the Guidelines for the Proper Informational Use of ETS Trademarks.
No Warranties or Liability
ETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Links to Other Websites
Your User Content and Communications
Our Website may allow users to post, submit or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user's name and likeness), digital images or other content in any form (collectively "User Content"). It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.
By posting User Content on this Website, you hereby grant ETS an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide and perpetual license to reproduce, distribute, publicly display, make derivative works of and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from ETS in connection with ETS's exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that ETS is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. You agree to indemnify and hold ETS harmless from all actual and incidental costs and fees associated with ETS's defense of any claims arising from User Content, including, but not limited to, all attorneys' fees.
ETS reserves the right to review any User Content and remove, delete, redact or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. ETS has no obligation to display or post any User Content. ETS reserves the right to disclose, at any time and from time to time, any information or User Content that ETS deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. ETS shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.
ETS is committed to respecting others' intellectual property rights, and we ask our users to do the same. ETS may, at its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to ETS's Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on our Website
- Your address, telephone number, and email address so that we may contact you
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
ETS's Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:
Educational Testing Service
Office of the General Counsel
Mail Stop 01-J
Princeton, NJ 08541 USA
A copy of the notice and supporting materials should also be submitted electronically to firstname.lastname@example.org.
Governing Law and Jurisdiction
Effective Date: July 21, 2011