Please read this Agreement carefully as it governs your use of the Teacher-of-Literacy.com website (the "Site"). By continuing to use the Site you are agreeing to the terms that appear below. Some of the services on the Site are free to access on a pay as you go basis and others are available on a free or paid-for subscription basis ("Subscription Services"). Part A below applies to all services; Part B applies to the free and paid for Subscription Services. If you are under 18, you should ask your parents to check these terms. If you have any questions, please email firstname.lastname@example.org.
These terms were last updated on 13th October 2010.
PART A: GENERAL TERMS
1. Provision of Service
1.1 The Site is owned and operated by Online Teaching Resources Ltd whose registered office is at Berry Rooms, Bradford Buildings, 27 Mawdsley Street, Bolton, UK. ("Teacher-of-Literacy.com"). If you are accessing the service under your school's subscription arrangement, the terms agreed on behalf of your school will apply and will prevail over this Agreement.
2. Limited Rights to Use Content
2.1 All material displayed on the Site ("Content") belongs to Online Teaching Resources Ltd. Subject to clause 2.2, you may retrieve and display the Content on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes.
2.2 Most of the Content on the Site is owned by Online Teaching Resources Ltd but certain Content is used under licence from third parties ("Third Party Content") and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions - the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions.
2.3 You may not (without prior written permission from Online Teaching Resources Ltd):
- redistribute any of the Content or supply it to other people (including by using it as part of any library, archive, intranet or similar service);
- remove the copyright or trade mark notice from any copies of Content made under this Agreement;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
- except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content;
- publish or store any of the content online in places such as a school website, learning platform, moodle or any other online or web-based platform.
3.1 Teacher-of-Literacy.com allows you to submit material or content that you can upload, post, email or otherwise transmit to certain areas of the Site. Online Teaching Resources Ltd reserve the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the and you agree to not use the service to;
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Online Teaching Resources Ltd staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- "stalk" or otherwise harass another;
- or collect or store personal data about other users.
3.2 By submitting material to the Site, you grant Online Teaching Resources Ltd a perpetual royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form. By doing this you agree that you waive any moral rights you have in the material.
3.3 The Site contains material submitted by users over whom Online Teaching Resources Ltd has no control and cannot guarantee the accuracy, integrity or quality of any such material. Some Users may breach these terms and post material that is misleading, untrue or offensive - you must bear all risk associated with your viewing of such material.
3.5 Indemnity - You agree to indemnify and hold Online Teaching Resources Ltd and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
4. Limited Warranties
4.1 Online Teaching Resources Ltd will use its reasonable skill and care in making the Site available to you and in ensuring its continuing availability. However, because of the number of sources from which Online Teaching Resources Ltd obtains the Content and because of the nature of the Internet Online Teaching Resources Ltd does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and Online Teaching Resources Ltd makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
5. Limitation of Liability
5.1 In respect to the Subscription Services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to correction of the relevant Subscription Service or, at your option, a refund of the amount you have paid to Online Teaching Resources Ltd to receive the relevant Subscription Service less any reasonable allowance for your receipt of the functioning service.
5.2 Except where we have expressly agreed otherwise, neither you nor Online Teaching Resources Ltd will be responsible for any losses that the other suffers as a result of a breach of this Agreement except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by Online Teaching Resources Ltd and you (such as loss of profits or loss of data).
6.2 If you subscribe to receive free resources from Teacher-of-Literacy.com you agree that your name and email address will be added to our mailing list but we will not pass your details on to any third parties.
7.1 Teacher-of-Literacy.com is continually seeking to improve the Site and services offered. Online Teaching Resources Ltd reserves the right, at its discretion, to make changes to any part of the Site. In respect of any Subscription Services, we will ensure that any changes do not materially decrease the functionality of those services.
7.2 In respect of non-Subscription Services, Online Teaching Resources Ltd may change or add to this Agreement as a result of its policy of updating and improving the Site or for security, legal or regulatory reasons. Online Teaching Resources Ltd will give you notice of any changes or additions. If you do not agree to be bound by those changes, you should not use the Site any further after receiving notice. Such changes will not affect any contract that relates to ongoing Subscription Services that you have with Teacher-of-Literacy.com at the time of the changes.
8.1 The Site may contain links to other web sites and resources (either directly or through frames) and, where possible, Online Teaching Resources Ltd will make clear where such links are being made. Independent third parties provide these sites and Online Teaching Resources Ltd is not responsible and shall not be liable for the availability or content of these outside resources.
9.1 In respect of the free parts of the Site, there is no specific time limit applying to your access and use. However, Online Teaching Resources Ltd reserves the right to suspend or terminate your access and use of the free parts of the Site at any time. It may exercise the right with or without notice.
9.2 You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.
9.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
9.4 A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
9.5 English law will apply to this Agreement and both you and Online Teaching Resources Ltd agree to submit to the non-exclusive jurisdiction of the English Courts.
PART B: SUBSCRIPTION SERVICES
Online Teaching Resources Ltd offers some subscription services for free and some for which it charges a fee ("Subscription Services"). Details of what is included in those services (and the fee payable) are described in the relevant area of the Teacher-of-Literacy.com web site (the "Site"). Clause 10 The Terms below sets out provisions which are specific to certain Subscription Services. Part A (above) The General Terms also applies to Subscription Services and include certain exclusions and limitations on Online Teaching Resources Ltd’s and your liabilities under this Agreement. If you have any questions, please email email@example.com.
The Terms: Provision of All Free and Paid-For Subscription Services
You must provide Online Teaching Resources Ltd with accurate and complete registration information. On registration, you will be provided with a user name and password ("ID"). It is your responsibility to update Teacher-of-English.com of any changes to that information (including your email address) by emailing firstname.lastname@example.org. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify Teacher-of-Literacy.com immediately by emailing email@example.com. Online Teaching Resources Ltd will try to process your subscription promptly but does not guarantee that any Subscription Service will be available to you by any specified time. By submitting your order you are agreeing that we may process your subscription and begin the service - once we have done so, you will not be able to cancel the order and receive a refund of the fee paid. If you change your contact details it is your responsibility to inform Teacher of Literacy.com. All payments, whether made monthly or annually are paid on a recurring basis over a twelve month period. When your account is due to expire we will send you an email informing you of this approximately 30 days prior to expiry. If you wish to cancel your subscription at the end of your 12 month contract you must inform us of this decision 14 days before the expiry date of your subscription either via letter (Teacher of History, PO Box 2187, Lostock, Bolton, BL6 9ER) or email (firstname.lastname@example.org). If you wish to cancel your subscription at the end of 12 months you must inform us of this decision 14 days before the expiry date of your subscription. If you do not contact Teacher of Literacy.com to cancel your subscription within this time frame, the subscription will remain active and recurring payments will continue to be taken. If you wish to cancel after your membership has renewed you will be liable for a £24 cancellation fee. If you join Teacher of Literacy.com at a reduced rate your membership, individual, basic or premier, will revert to the current rate for individual, basic or premier membership on the site at the time when subscription is due for renewal.
Each subscription for any Subscription Service is solely for use by you. Online Teaching Resources Ltd reserves the right to monitor usage of the Subscription Services using your ID. In the event that unauthorised users are accessing any Subscription Service using your ID then, without prejudice to its other rights and remedies, Online Teaching Resources Ltd reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the Subscription Services themselves.
If Online Teaching Resources Ltd reasonably believes that your ID is being used in any way which is not permitted by this Agreement, Online Teaching Resources Ltd reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. Online Teaching Resources Ltd may terminate this Agreement by giving notice to you if you are in breach of this Agreement and in such case, Online Teaching Resources Ltd is not obliged to refund you any fees. Online Teaching Resources Ltd may terminate this Agreement if it discontinues a Subscription Service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service. Any other refunds will be given at the discretion of the Company Management.