|
Terms of Use
Legal 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
consent to these terms of use. If you do not agree to these terms of use, please
do not use the site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by
Scholastic Inc. unless otherwise indicated the contents of ScholasticDealer.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 ScholasticDealer.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.
TERMINATION
This Agreement is effective until terminated
by either party. You may terminate this Agreement at any time by destroying all
materials obtained from ScholasticDealer.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 ScholasticDealer.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 ScholasticDealer.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 ScholasticDealer.com AND
ANY WEB SITE WITH WHICH IT IS LINKED. SCHOLASTIC DOES NOT WARRANT THE FUNCTIONS,
INFORMATION OR LINKS CONTAINED ON ScholasticDealer.com OR THAT ITS CONTENTS WILL
MEET YOUR REQUIREMENTS, THAT ScholasticDealer.com, OR ITS CONTENTS, ARE FIT FOR
ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF ScholasticDealer.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 ScholasticDealer.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 ScholasticDealer.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 ScholasticDealer.com.
JURISDICTIONAL ISSUES
ScholasticDealer.com is controlled
and operated by Scholastic from its offices in New York, United States of America.
Scholastic makes no representation that materials on ScholasticDealer.com are
appropriate or available for use in other locations. Those who choose to access
ScholasticDealer.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 ScholasticDealer.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. 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. This is the entire agreement between
the parties relating to the subject matter herein and shall not be modified except
by writing, signed by both parties.
PERMISSION FOR REPRINTS
All material on ScholasticDealer.com
without limitation, is protected by U.S. and foreign copyright and trademark laws.
In order to receive permission to reprint any material on ScholasticDealer.com
(outside of personal, non-commercial use), please write to:
Permissions Department
555 Broadway
New York, NY 10012
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.
555 Broadway
New York, NY 10012
Phone: (212) 343-6633
Email: cdeull@scholastic.com
The notification must be in writing
and include:
1. A signature of a person authorized
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 email 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 authorized
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 authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
|