USE OF MATERIALS
This site is owned and operated by Scholastic Inc. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of us are the property of Scholastic and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from us 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 Scholastic’s copyright, trademark, 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 Scholastic. Scholastic does not transfer title to the Software to you. As between you and Scholastic, Scholastic 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 Scholastic 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 us, including without limitation via message boards, chat rooms and/or blogs or any other features on us, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.
Derogatory, harmful or unlawful conduct is not permitted on us. Users are not permitted to upload to, distribute through, or otherwise publish through us 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 us. Unauthorized collection and/or use of email addresses via us 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 us. 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 us. Scholastic is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of us 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 us. You acknowledge that Scholastic may or may not pre-screen and/or monitor content posted on us, and that Scholastic 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 us at any time for any reason, in Scholastic’s sole discretion.
NO PERSONAL ADVICE
Any informational materials provided on us, 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, Scholastic makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through us. 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.
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via us are solely between you and such entity. You agree that Scholastic 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 Scholastic does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of us 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 us, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.
With respect to items sold by Scholastic online in The Scholastic Store and The Scholastic Teacher Store, we do NOT charge your credit card until after your order has entered the shipping process. From time to time, however, some items in our online stores may be mispriced. If we discover an item that you have ordered is mispriced, we may do one of the following:
If an item’s correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item’s correct price.
If an item’s correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has shipped, we reserve the right to cancel your order and notify you of such cancellation.
CHANGES TO SITE
Scholastic may add, change, discontinue, remove or suspend any portion of us at any time, without notice.
Certain portions of us 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 us using your account and/or identity.
Scholastic reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of us for any reason, including without limitation for extended periods of inactivity.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from us 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 Scholastic, if in Scholastic’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, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from us and all copies thereof, whether made under the terms of this Agreement or otherwise.
SCHOLASTIC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO us OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” SCHOLASTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO us AND ANY WEB SITE WITH WHICH IT IS LINKED. SCHOLASTIC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON us OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT us, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF us 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. SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON us IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SCHOLASTIC) 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 SCHOLASTIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON us, EVEN IF SCHOLASTIC OR A SCHOLASTIC 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 SCHOLASTIC’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 us.
us is controlled and operated by Scholastic from its offices in New York, United States of America. Scholastic makes no representation that materials on us are appropriate or available for use in other locations. Those who choose to access us from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from us may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and Scholastic each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts of the southern district of New York. 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.