Website Terms of Use

This website (the “Website”) is owned and operated by Scholastic Limited, a company registered in England and Wales with registered number 00701339 whose registered office is Westfield Road, Southam, Warwickshire CV47 0RA. Our VAT number is GB241359376.

The terms “we”, “our” and “us” when used in these terms means Scholastic Limited (“Scholastic”). The terms “you”, “your” and “yours” when used in these terms means you as a user of the Website.

1. Use of the Website

1.1 Please read the following terms and conditions (the “Terms”) carefully before using the Website. These Terms form the agreement between you and us and govern your use of the Website. If you buy a product from the Website, the Terms of Sale shall govern the purchase. In the event of any conflict or inconsistency between these Terms and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall apply.

1.2 By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to accept these Terms, you should not use the Website.

1.3 We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended.

1.4 Please also read our Privacy Policy and our Cookie Policy which explains how we may collect and use your personal information on our Website.

1.5 Please note that certain parts of the Website and some of the services provided by us (e.g. extensive access to some archive material and/or the ability to contribute to the Website forums) (the Registered Services), will only be available to registered users (Registered Users) or to those who have registered for a subscription or have a current subscription to one or more of our magazines (Subscribers).

1.6 The Registered Services are intended solely for users aged 16 years or over who are resident in the UK. Any registration by, use or access to the Registered Services and/or Website by anyone under 16 years of age shall be unauthorised, unlicensed and in breach of these Terms. By registering for the Registered Services, you warrant that you are 16 years of age or older and are resident in the UK. We reserve the right to terminate your registration without warning if we believe that you are under 16 years of age.

1.7 Scholastic is concerned about the safety and privacy of all our users. Please remember that our Website is designed to appeal to a broad and global audience. Accordingly, it is your responsibility to determine whether any use of the Website and/or the Registered Services are appropriate for the intended audience and you agree to comply with all applicable local laws in your jurisdiction when using our Website.

1.8 Please note that our Scholastic Kids Website (http://clubs-kids.scholastic.co.uk) is aimed at children. It allows children to find out about, rate and review books, complete activities and enter competitions. Children register on the site by providing a parent’s email address, a password and a username. We do not obtain any other information such as a name or address from the child.

2. Accessing Our Website

2.1 Access to our Website is permitted on a temporary basis and we reserve the right to suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

2.2 You are responsible for making all arrangements necessary for you to have access to our Website. Where you are provided with a user ID, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party.

2.3 You agree to maintain and promptly update your registration data to keep it true, accurate, current and complete and to be fully responsible for all use of your registration details and for any actions that take place using your registration and/or login details.

2.4 If you provide any information to us on or via our Website, such as your registration details or by contacting us via email, you warrant that all information is correct, accurate and current and does not breach any laws or the rights of any person.

3. Intellectual Property Rights

3.1 Unless otherwise stated, we own or are licensed to use the copyright and other intellectual property rights in our Website and all material published on it. Except as provided specifically in paragraph 3.2, you may not copy, reproduce, upload, post, transmit or distribute any part of our Website, in any form and/or for any other purpose.

3.2 Unless otherwise stated, materials on the Website may be printed in hard copy or a single copy downloaded to a single personal computer, classroom computers or computers in an information and communications technology suite to display or run online resources on your interactive whiteboard or projector but in each case subject to the following conditions:

3.2.1 unless otherwise indicated, such copy is only printed, downloaded and used in the UK, Eire or the Commonwealth (excluding Canada); 3.2.2 such copy is used only for non-commercial personal or non-commercial educational purposes (including use as teaching aides); 3.2.3 such copy may not be modified, altered or adapted in any way, for example, but without limitation, graphics may not be used separately from the corresponding text; and 3.2.4 you must keep intact all copyright and other proprietary notices on any copies made by you.

3.3 If you wish to reproduce or use information from this Website beyond the Terms of the licence in paragraph 3.2 above, please contact us for express consent. You can do this by writing to us at:

Director of Rights, Contracts and Special Sales
Euston House
24 Eversholt Street
London
NW1 1DB

3.4 In the event that you download software (including any files, images incorporated in or generated by the software or any data accompanying the software) (together, the Software) from the Website, we shall license the Software to you solely for non-commercial personal or non-commercial educational purposes. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software and must comply with the conditions of use set out in these Terms or notified to you in connection with such Software or on any relevant part of this Website.

4. Information You Provide and Forums

4.1 Any communications or contributions which we receive from you (including without limitation all data, text, software, music, sound, photographs, graphics, video, messages or other material) (“User Material”) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and display such content on our Website. We may renew and edit any content you submit to us prior to publication; however, we shall not be obliged to do so.

4.2 By submitting User Material to our Website you warrant and represent that:

4.2.1 you have the lawful right to use, copy, distribute, transmit, or display the User Material;

4.2.2 you have obtained all consents, permissions and licences to use the User Material; and/or

4.2.3 by using it, you do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trade mark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

4.3 You acknowledge and agree that any User Material you upload or submit to our Website, including your forum username or posts, shall not:

4.3.1 be false, misleading or deceptive. In particular, it shall not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any User Material;

4.3.2 be abusive, indecent, obscene, pornographic, offensive or harm minors in any way;

4.3.3 be defamatory of any person, in breach of the intellectual property rights or moral rights of any person or of any obligations of privacy or confidence;

4.3.4 harass, insult, intimidate or vilify any person, including based on race, religion, sexual orientation, gender, age or disability;

4.3.5 collect or store personal data about other users or constitute unsolicited or unauthorised advertising or any other form of solicitation;

4.3.6 be in breach of any laws;

4.4 You acknowledge that we do not pre-screen User Material but that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any User Material that is available on or via any forum. All incidents will be logged and our decision is final in all such cases. Any breaches of paragraphs 4.2 or 4.3 may lead to:-

4.4.1 receipt of a warning;

4.4.2 your automatic ban from the forums, the Registered Service and the Website generally;

4.4.3 us reporting your activities to your internet service provider, your employer, relevant authorities; and/or

4.4.4 to legal action being taken against you.

4.5 The views expressed by other users on our Website do not represent our views or values. We will, under no circumstances, be liable in any way for any material submitted by users, including (without limitation) any errors or omissions in such material, or for any loss or damage of any kind incurred as a result of your use of such material.

4.6 If you are offended by another user’s content or screen username, please e-mail us at contactus@scholastic.co.uk.

5. Liability

5.1 We provide the Website on an “as is” and “as available” basis and to the fullest extent permissible by law we do not guarantee that our Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojans or other harmful elements. We recommend that you protect your equipment by having appropriate anti- virus software in place.

5.2 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources so we assume no responsibility for the content of such sites. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.

5.3 Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

5.4 If you are a consumer (ie not a business or a school), please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purpose.

5.5 To the extent permitted by law, we exclude all conditions, warranties, representations or other Terms which may apply to our Website or any content on it, whether express or implied.

5.6 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website.

5.7 In particular, we will not be liable for:

5.7.1 loss of profits, sales, business, or revenue;

5.7.2 business interruption;

5.7.3 loss of anticipated savings;

5.7.4 loss of business opportunity, goodwill or reputation; or

5.7.5 any indirect or consequential loss or damage.

5.8 Without prejudice to the generality of paragraphs 5.6 and 5.7, our total liability to you shall not exceed the amount paid by you, if any, for services or goods we supplied to you, or £100 (whichever is higher).

6. Linking to Our Website

6.1 We reserve the right in our absolute discretion to prohibit any link from another Website to materials or information on this Website without notice. Any link to material or information on this Website must be neither misleading nor deceptive and must fairly indicate this Website as the destination of the link. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7. Misuse of Our Website

7.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

7.2 You shall be responsible for and indemnify us against, any losses, expenses or other costs that we incur (including without limitation any legal fees) arising out of or in connection with any intentional, reckless or grossly negligent breach by you of your obligations under these Terms.

7.3 We may immediately terminate or suspend your account and/or access to the Website in the event that you breach these Terms, or we reasonably believe you have breached these Terms, or if we consider your use of the Website is inappropriate.

8. General

8.1 If any part of these Terms is held to be unenforceable, this will not affect the validity or enforceability of the remaining terms.

8.2 If you do not comply with these Terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

8.3 These Terms constitute the entire agreement between you and us and govern your use of this Website and supersede any prior agreements between you and us in relation to the Website.

8.4 These Terms govern the relationship between Scholastic and you. Any person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

8.5 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law.

8.6 The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

If you have any questions about these Terms, please contact us at contactus@scholastic.co.uk.