Web Terms of Use


RESTRICTIONS AND TERMS OF USE APPLICABLE TO THIS SITE

Use of this Site Signifies your Agreement to the Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your agreement to be bound by these Terms of Use. If you do not agree to these terms of use, please do not use the site. We may modify, revise or update the Terms of Use at any time by updating this posting.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by Scholastic Canada Ltd. unless otherwise indicated the contents, and the collection, arrangement and assembly of the contents of Scholastic.ca are the property of Scholastic Inc. ("Scholastic") and are protected, without limitation, pursuant to Canadian, U.S. and foreign copyright, trademark and other laws. No material from Scholastic.ca 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. The use of any such material on any other Web Site or networked computer environment for any purpose 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.

ACCEPTABLE SITE USE

General Rules.
Users may not use the site in order to transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful. Users may use the site only for lawful purposes.

Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "spamming", "mailbooming" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. Scholastic will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate them at any time by destroying all materials obtained from Scholastic.ca and all related documentation and all copies and instalments thereof whether made hereunder 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.ca and all copies thereof, whether made under the terms of this Agreement or otherwise.

LINKS

This site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Scholastic. Scholastic is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.

THIRD PARTY POSTINGS

Scholastic may, in its sole discretion, post material, advertisements and other promotional materials of third parties on the site. Your correspondence or dealings with these parties found on the site are solely between you and such party. You agree that Scholastic shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. Moreover, Scholastic shall not be responsible or liable for the statements or conduct of any third party on the site. With regard to services or products purchased or obtained by a user from someone other than Scholastic, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products.

DISCLAIMER

SCHOLASTIC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SCHOLASTIC.CA 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.CA AND ANY WEB SITE WITH WHICH IT IS LINKED. SCHOLASTIC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON SCHOLASTIC.CA OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT SCHOLASTIC.CA, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF SCHOLASTIC.CA 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.CA 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.CA, EVEN IF SCHOLASTIC OR A SCHOLASTIC AUTHORISED 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.CA.

INDEMNITY OF USER

You agree to defend, indemnify, and hold harmless Scholastic, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of these Terms of Use. Scholastic shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

JURISDICTIONAL

The site is controlled from within the Province of Ontario, Canada. It can, however, be accessed from all other places around the world. Although these places may have different laws from those of the Province of Ontario, by accessing this site, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of this site, without regard to rules relating to conflict of laws. Scholastic makes no claims that the materials may be lawfully viewed or downloaded outside of Canada. Access to materials may not be legal by certain persons or in certain countries. If you access the site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.

SEVERABILITY

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PERMISSION FOR REPRINTS

All material on Scholastic.ca without limitation, is protected by Canadian, U.S. and other foreign copyright and trademark laws. In order to receive permission to reprint any material on Scholastic.ca (outside of personal, non-commercial use), please write to:

Web Department
Scholastic Canada Ltd.
175 Hillmont Road
Markham, Ontario L6C 1Z7

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

Notification of a copyright infringement claim must be submitted to the following:

Senior Vice President, General Counsel
Scholastic Inc.
555 Broadway
New York, N.Y. 10012
Phone: (212) 343 - 6919
E-mail: dchatillon@scholastic.com

The notification must be in writing and include:
  1. A signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of each alleged infringing copyrighted work or works;
  3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
  4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and e-mail address);
  5. 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 authorised by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.