Terms of Use
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY MATERIAL
ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED. BY ACCESSING ANY MATERIAL
ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE
TERMS OF USE, THAT YOU UNDERSTAND THE TERMS OF USE AND AGREE TO BE BOUND BY THE
TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THIS WEBSITE OR
ANY OF THE SERVICES PROVIDED.
YOUR USE OF THE WEBSITE
This website (hereinafter “Website”) is owned and
operated by School Specialty, Inc. (hereinafter "School Specialty").
Unless otherwise indicated, the content, format and imagery of this Website are
copyrighted under the laws of the United States by School Specialty, and are protected by worldwide copyright laws and treaty
provisions. Unauthorized duplication is a violation of law. The content, format
and imagery of the Website may not be copied, published, broadcast, distributed,
reproduced or transmitted in any way. You may not use the
Website or any materials on the Website in any commercial or for-profit manner.
For purposes of this
Agreement, the use of any materials from the Website on any other website or computer environment is prohibited
without the express written consent of School Specialty. For the purpose of the Terms of Use the term "Subscriber" shall apply to those users
of the Website who are registered subscribers that have a valid user name and password
for accessing the Website and the material on the Website.
YOUR DUTIES AS TO CONFIDENTIALITY
In consideration of your use of this Website and
any services provided by School Specialty in connection therewith (hereafter, the
"Service"), you agree to: (iii) keep your user name and password confidential.
Subscriber is responsible for maintaining the security and confidentiality of all
log-In information, including user name and password information, and for preventing
access to the Website and/or the material on the Website by unauthorized persons.
USE OF THE MATERIAL
School Specialty reserves the right, in its sole discretion, to limit any Subscriber’s
use of the Website in the event that School Specialty, in its sole discretion, deems
such Subscriber’s use of the Website to be inconsistent with noncommercial, educational
purposes and/or inconsistent with the Terms of Use.
The Website and the images, audio files and video files on the Website (“Material”)
are owned or licensed by School Specialty and are protected by United States and
international copyright, trademark and other intellectual property laws.
Subscriber does not gain any type of ownership interest in the Website or
the Material by using the Website or the Material.
Subscriber may download, solely in connection with noncommercial educational use,
copies of the Material designated on the website as “Downloadable.” Copies of downloaded
Material must be deleted or erased after use or expiration of the Term, whichever
occurs first. Any and all downloading shall be for individual Subscriber convenience
only, and Subscribers may not (i) systematically download any of the Material; (ii)
create distribution libraries from the Material; or (iii) sell, rent, display, exhibit
or otherwise transfer any of the Material to any third party outside of the Subscriber’s
classroom.
Subscriber may edit, solely in connection with noncommercial educational use, Material
designated on the Website as “Editable.” Such Material, as edited by Subscriber,
or any part thereof, may not: (i) contain any libelous or unlawful materials or
content or any commercial advertising materials; (ii) infringe upon any party's
intellectual property or other proprietary rights, including but not limited to
copyright, trademark, patent, trade secret and right of privacy; (iii) violate any
U.S. or international law or regulation; or (iv) give rise to any actionable claim
or liability. Subscriber must maintain all copyright, trademark and other proprietary
notices included with all Editable audio and video files.
Subscriber understands and agrees that certain Material, including National Geographic
titles, will only be available to Subscriber via
Subscriber’s Internet-based streaming system. Such Materials will not be available
for download at anytime. Subscriber also understands and agrees that upon expiration
or earlier termination of School Specialty’s agreement with any third-party provider
of any Material, such Material must be removed from Subscriber’s server within five
(5) business days of expiration or earlier termination of such agreement.
In the course of using any Material as permitted hereunder, Subscriber may not make
the Material, or any part thereof, available to any party who is not a Subscriber,
except as permitted herein. Subscriber must ensure that the Material is at all times
kept on a secure server, viewable only by Subscribers. If Subscriber wishes to use
a third party to host the Material, School Specialty must pre-approve the use of
such proposed host in writing prior to use of the proposed host. School Specialty
shall have the right to approve the terms of the proposed agreement between the
proposed host and Subscriber. Except as expressly set forth herein, Subscriber may
not (i) copy, modify, transmit, perform, create derivative works of, publish, sub-license,
or otherwise share the Website, the Material, or any portion thereof; (ii) disassemble,
reverse engineer or decompile the Website or any portion thereof; (iii) use
any "deep-link", "page-scrape", "robot",
"spider," "offline readers," or any equivalent manual process, to access or monitor
any portion of the Website;
(iv) collect any personally identifiable
information, including user names or passwords, from the Website; (v) take any actions that may circumvent, disable
or damage the Website's security; (vi) use the Material in a manner that disparages
the Website, School Specialty, or the Material; or (vii) use the Material or Website
in any manner that School Specialty may, in its sole and exclusive discretion, deem
inappropriate.
Subscriber understands and agrees that the Website and the Material possess a unique
character that makes it difficult to assess the monetary damages that would be sustained
as a result of unauthorized use of the Website or Material. Subscriber understands
and agrees that unauthorized use may cause immediate and irreparable damage to School
Specialty for which School Specialty would not have an adequate remedy at law. Therefore,
Subscriber agrees that, in the event of such unauthorized use, in addition to such
other legal and equitable rights and remedies that may be available to School Specialty,
School Specialty shall be entitled to injunctive and other equitable relief without
the necessity of proving damages or furnishing a bond or other security.
YOUR ACTIONS AS A SUBSCRIBER
You acknowledge and understand that all
information, data, text, software, music, sound, photographs, graphics, video, messages, content
or other submissions ("Submission"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Materials
originated.
You agree not to use
the Website to:
- upload, post, email or otherwise
transmit any Submission that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful whether sexually, racially or ethnically,
or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, any law enforcement
officer, or any School Specialty official, forum leader, guide or host, 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 Submission transmitted through
the Website;
- upload, post, email or otherwise transmit
any Submission that you do not have
a right to transmit under any law or under contractual or fiduciary relationship
(such as inside information, proprietary and confidential information learned or
disclosed as part of an employment relationship or under any nondisclosure agreement);
- upload, post, email or otherwise transmit
any Submission that infringes, contributes to the infringement of, or induces others to infringe, any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation.
- upload, post, email or otherwise transmit anything that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment or in any other way cause damage to a user's data against the will of
the user;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Website 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 Website
or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks
connected to the Website;
- intentionally or unintentionally violate any applicable local, state, national
or international law, any rules of any national or other securities exchange, and
any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that School Specialty and
anyone it designates shall have the right, but not the obligation, in their sole
discretion to move or refuse to move any Submission that is available
via the Website.
Without limiting the foregoing, School Specialty and anyone it designates shall
have the right to remove any Submission that violates these terms of use or are otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with,
the use of any Submission, including any reliance on the accuracy, completeness,
or usefulness of such Submission. In this regard, you acknowledge that you may not
rely on any Content (i) created by School Specialty
or on this Website, or (ii) submitted
to School Specialty or this Website, including without limitation information in
any School Specialty bulletin boards and in all other parts of the Website.
You acknowledge and agree that School Specialty
and this Website may preserve any Submission and may also disclose any Submission if required
to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms
of service; (iii) respond to claims that any Content violate the rights of third-parties;
or (iv) protect the rights, property, or personal safety of School Specialty and
this Website, its users and the public.
You understand that the technical processing
and transmission of the Website, including your Submission,
may involve (i) transmissions
over various networks; and (ii) changes to conform and adapt to technical requirements
of various networks or devices to which the Website is connected. This Website contains
robot exclusion headers and you agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You agree that
you will not use any device, software or routine to bypass our robot exclusion headers,
or to interfere or attempt to interfere with the proper working of the School Specialty
site or any activities conducted on our site. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and is proprietary
or is licensed to School Specialty or its vendors or third parties. You agree that
you will not copy, reproduce, alter, modify, create derivative works, or publicly
display any content from this Website without the prior expressed written permission
of School Specialty, School Specialty's vendor, or the appropriate third party.
TERMS OF USE MAY
CHANGE
School Specialty reserves the right to update
or modify these Terms of Use at any time without prior notice. Your
use of this Website following any such modification constitutes your agreement to
follow and be bound by the Terms of Use as modified. For this reason,
we encourage you to review these Terms of Use whenever you use this
Website.
CORRECTION OF ERRORS AND INACCURACIES
The content of this Website, including but not limited
to text, , availability and descriptions may contain errors or
inaccuracies, and may not be complete or current. School Specialty reserves the
right to correct any errors, inaccuracies or omissions and to change or update information
at any time without prior notice We apologize for any inconvenience this may cause you.
TERMINATION
This Agreement will terminate
immediately without notice from School Specialty or this Website, if in their sole
discretion you fail to comply with any term or provision of this Agreement, if you
are an infringer of any third party's rights, or if you engage in conduct that is
illegal, tortuous or that interferes with the technological operation of this site.
Upon termination, you must destroy all Materials obtained from School Specialty
or this Website and all copies thereof, whether made under the terms of this Agreement
or otherwise.
DISCLAIMER
SCHOOL SPECIALTY MAKES, AND THIS WEBSITE
INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SCHOOL SPECIALTY OR THE
CONTENTS OF THIS WEBSITE, INCLUDING THE MATERIAL, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE."
SCHOOL SPECIALTY AND THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO SCHOOL SPECIALTY AND THIS WEBSITE AND
ANY WEB SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THIS WEBSITE.
SCHOOL SPECIALTY NOTIFIES YOU THAT MUCH OF THE CONTENT OF THE WEBSITE IS SUPPLIED
BY THIRD PARTY SUPPLIERS WHO ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT SUPPLIED
BY THEM. SCHOOL SPECIALTY DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED
ON OR THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT SCHOOL
SPECIALTY OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR
THAT THE OPERATION OF THIS WEBSITE 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.
SCHOOL SPECIALTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SCHOOL
SPECIALTY OR THIS WEBSITE) 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 SCHOOL
SPECIALTY OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS
WEBSITE, EVEN IF SCHOOL SPECIALTY, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SCHOOL SPECIALTY'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 THIS WEBSITE. UNDER NO CIRCUMSTANCES
SHALL SCHOOL SPECIALTY BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION
AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S
SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).
JURISDICTION AND EXPORT
This Website is controlled and operated
by School Specialty from its office in Menasha, Wisconsin, United States of America. School Specialty and this Website make no representation that materials on this
Website are appropriate or available for use in other locations. Those who choose
to access this Website 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. Data from this site is further subject to United States
export controls. No software from School Specialty or this Website may be downloaded
or otherwise exported or re-exported into (or to a national or resident of (i) 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 Data, 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.
ARBITRATION
Any legal controversy or legal claim arising
out of or relating to this Agreement or our services, excluding legal action taken
by School Specialty to recover damages for, or obtain an injunction relating to,
operations of this Website, intellectual property, and services related to this
Website, shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Milwaukee, Wisconsin, and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. School Specialty may seek any interim or preliminary
relief from a court of competent jurisdiction in Milwaukee, Wisconsin
necessary to protect the rights or property of you or School Specialty pending the
completion of arbitration. Should either party file an action contrary to this provision,
the other party may recover attorney's fees and costs up to $10,000.00.
ANTITRUST POLICY
School Specialty does not condone any information
sharing agreements among its suppliers or its users which would
utilize information from School Specialty which in any way would distort market
forces. School Specialty also does not condone collusion among users, which would cause the exercise of monopoly
power among buying groups. School
Specialty will not enter into and does not condone the entering into of any agreements
among competitors to exclude or discriminate against
web sites that are competitive with School Specialty. School Specialty shall not
engage in over-inclusive ownership structures, rules, or incentives which would
keep users of School Specialty from using or supporting a competitive Website.
MISCELLANEOUS
This Agreement shall be governed by and
construed in accordance with the laws of the state of Wisconsin, without giving effect to any principles of conflicts of law. You and School Specialty
each agree to submit to the exclusive jurisdiction of the courts of the state of Wisconsin
and the federal courts of the Eastern District of Wisconsin. 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. School Specialty does not guarantee continuous,
uninterrupted or secure access to our services, and operation of this Website may
be interfered with by numerous factors outside of our control. If any provision
of these Terms of Use is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. You agree
that these Terms of Use and all incorporated agreements may be
automatically assigned by School Specialty, in its sole discretion, to a third party
in the event of a merger or acquisition. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such section.
The failure of School Specialty to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
The Subscriber and School Specialty are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by these Terms of Use.
NOTICE OF COPYRIGHT INFRINGEMENT
Notification of a claim of copyright infringement
must be submitted to the following:
Franzoi & Franzoi,
S.C.
General Counsel, School Specialty, Inc.
514 Racine Street
Menasha, Wisconsin 54952
Fax (920) 725-0998
e-mail jffiv@franzoi.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.