USE OF MATERIALS
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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.
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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 Scholastic.com. 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 Scholastic.com. Scholastic is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of Scholastic.com 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 Scholastic.com. You acknowledge that Scholastic may or may not pre-screen and/or monitor content posted on Scholastic.com, 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 Scholastic.com at any time for any reason, in Scholastic’s sole discretion.
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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
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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.
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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.
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.
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:
New York, NY 10012
PERMISSION FOR WEB LINKING
If you link to Scholastic.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Scholastic. Any such link must not damage, dilute or tarnish the goodwill associated with Scholastic and/or any Scholastic intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Scholastic, and you may not “frame” Scholastic.com. You may not link to Scholastic.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Scholastic’s sole discretion. Scholastic reserves the right, in its sole discretion, to terminate any link from any web site.
To request permission to place a link from your web site to Scholastic.com, please send your name, address, web site URL, and nature of the web site to: email@example.com.
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to the following:
New York, NY 10012
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 e-mail 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.
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Most recently updated August, 2006.