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Legal Restrictions and Terms of Use Applicable to this Site
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.
The following legal restrictions and terms of use apply to Scholastic.com and any other site owned and/or operated by or on behalf of Scholastic Inc. or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "Scholastic.com" and "Scholastic" respectively).
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Scholastic Inc. unless otherwise indicated the contents of Scholastic.com are the property of Scholastic Inc. ("Scholastic") and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Scholastic.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 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.
USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on Scholastic.com. Users are not permitted to upload to, distribute through, or otherwise publish through Scholastic.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.
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. Scholastic is not responsible for the content or accuracy of any information posted or transmitted by users of Scholastic.com including without limitation the content of Class Homepages created by teachers using the Class Homepage Builder.
PRICING
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.
TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Scholastic.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 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 Scholastic.com and all copies thereof, whether made under the terms of this Agreement or otherwise.
DISCLAIMER
SCHOLASTIC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SCHOLASTIC.COM 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 SCHOLASTIC.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. SCHOLASTIC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON SCHOLASTIC.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT SCHOLASTIC.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF SCHOLASTIC.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. SCHOLASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON SCHOLASTIC.COM 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 SCHOLASTIC.COM, 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 SCHOLASTIC.COM.
JURISDICTIONAL ISSUES
Scholastic.com is controlled and operated by Scholastic from its offices in New York, United States of America. Scholastic makes no representation that materials on Scholastic.com are appropriate or available for use in other locations. Those who choose to access Scholastic.com 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 Scholastic.com 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.
OTHER
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.
PERMISSION FOR REPRINTS
All material on Scholastic.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on Scholastic.com (outside of personal, non-commercial use), please write to:
Permissions Department
557 Broadway
New York, NY 10012
PERMISSION FOR WEB LINKING
To request permission to place a link on your Web site to enable users to click through from your Web site to Scholastic.com, please send your name, address, Web site URL, and nature of the Web site to: weblink@scholastic.com.
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:
Charles B. Deull
Senior Vice President, General Counsel
Scholastic Inc.
557 Broadway
New York, NY 10012
Phone: (212) 343-6633
Email: cdeull@scholastic.com
The notification must be in writing and include:
- A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of each alleged infringing copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
- Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
- A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Scholastic reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time. The current terms of use may be viewed at http://www.scholastic.com/terms.htm along with the date of most recent update.
For other questions about Scholastic.com, please consult CUSTOMER SERVICE.
Most recently updated February, 2005.
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