Teachable.net Terms of Use

Below you will find our Terms and Conditions.  Our Privacy Policy is on a separate page on the Website. This may look complicated and tedious but its there to protect your rights as a contributor and user as well as ours. If you have any questions then please mail us at help@teachable.net.

Please read this Agreement carefully as it governs your use of the Teachable.net website (the "Site"). By continuing to use or visit this website (together with all content available through the Teachable.net domain) you are agreeing to the terms that appear below. Some of the services on the Site are free to access and others are only available on a paid-for basis ("Paid-for Services"). Part A below applies to all services, Part B applies only to the Paid-for Services.

These terms were last updated on 24th September 2007.

PART A: GENERAL TERMS

1. Provision of Service
The Site is owned and operated by Teachable Ltd (company number 05885867), whose registered office is at 1 Folly Cottages, Ashe Warren, Basingstoke RG25 3AN, trading as Teachable.net ("Teachable.net"). If you are accessing the service under your school's Paid-for arrangement, the terms agreed on behalf of your school will apply and will prevail over this Agreement.

2. Website Access
2.1. Teachable.net hereby grant you permission to use the Website provided that agree not to;
(i) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, obscene, libellous, invasive of another's privacy, or otherwise objectionable;
(ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) 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;
(iv) 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 equipment;
(v) 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;
(vi) "stalk" or otherwise harass another;
(vii) or collect or store personal data about other users

2.2. Teachable has the right to terminate your access to the Website, at its sole discretion, with or without notice for any perceived or actual breach of these Terms & Conditions.

3. Limited Rights to Use Content
3.1. All material displayed on the Site ("Content") belongs to Teachable.net or its licensors. Subject to the terms of the Creative Commons Attribution Non-commercial Share Alike license, you print copies, store the files in electronic form on disk, and store the files on a closed school/organisation network for your own personal, educational, non-commercial purposes only. Uploading the Content to a public website, even if it is not charged for explicitly, is considered a breach of these terms.  Content on the Website is provided to you “AS-IS” for your personal, educational use only and may not be copied, distributed, broadcast, displayed, sold, licenced, de-compiled, or otherwise exploited for any other purposes whatsoever without Teachable.net’s written permission.

3.2. Most of the Content on the Site is owned by Teachable.net 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.

3.3. You may not (without prior written permission from Teachable.net):
(i) redistribute any of the Content or supply it to other people outside of your school/organisation; (ii) remove the copyright or Creative Commons attribution, or remove Teachable.net’s link on the first page of the file;
(iii) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
(iv) except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

4. User submissions
4.1. Teachable.net allows you to submit material or content that you can upload to certain areas of the Site (“User Submissions”). Teachable.net reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the Site.

4.2. You agree that you will not:
(i) submit any Content that you do not have a right to use 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);
(ii) submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, unless you are the owner of such Rights or have permission from their rightful owner to post the User Submission and to grant Teachable.net all of the rights granted herein;

4.3. Contributor Rewards.  Material submitted to the Site, if deemed to meet Teachable.net’s quality standards, may be sold to other users as part of our Paid-For services.  If you agree to participate in the Contributor Reward scheme, and Teachable.net decides to sell your material, you will be due a 50% share of the fees payable to directly download your particular files (as measured solely by Teachable.net).  The actual reward per download may increase  or decrease depending on paying users to the site:  Teachable makes no guarantees of future income.  Payments will be made quarterly, for all downloads recorded over the previous quarter.  The minimum payout is £50, so any Rewards due below that amount will be carried over to the next quarter. Teachable.net reserves the right to withhold payment for any breach of these terms.

4.4. You retain all of your ownership rights in your User Submissions.  However, by submitting material to the Site, you grant Teachable.net a perpetual royalty free, worldwide, non-exclusive licence to reproduce, modify, prepare derivative works of, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form.

4.5. The Site contains material submitted by users over whom Teachable.net has no control. Teachable.net 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.

4.6. Indemnity - You agree to indemnify and hold Teachable Ltd and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable lawyers' 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.

5. Limited Warranties
Teachable.net 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 Teachable.net obtains the Content and because of the nature of the Internet Teachable.net does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted and Teachable.net makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.

6. Limitation of Liability
6.1. In respect of the Content which is available free on the Site, Teachable.net will use its reasonable endeavours to resolve faults but because this content is free you agree that Teachable.net will not be liable for any losses you may incur as a result of your use or non-use of that Content. With regard to the Paid-for 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 Paid-for Service or, at your option, a refund of the amount you have paid to Teachable.net to receive the relevant Paid-for Service less any reasonable allowance for your receipt of the functioning service.

6.2. Except where we have expressly agreed otherwise, neither you nor Teachable.net 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 Teachable.net and you (such as loss of profits or loss of data).

7. Privacy Policy
The information that you provide about yourself to Teachable.net will only be used by Teachable.net in accordance with its Privacy Policy (see below). Please read the Privacy Policy carefully and if you have any questions please email support@teachable.net.

8. Changes
8.1. Teachable.net is continually seeking to improve the Site and services offered. Teachable.net reserves the right, at its discretion, to make changes to any part of the Site. In respect of any Paid-for Services, we will ensure that any changes do not materially decrease the functionality of those services.

8.2. Teachable.net 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. Teachable.net 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 Paid-for Services that you have with Teachable.net at the time of the changes.

9. Links
The Site contains links to other web sites and resources (either directly or through frames) and, where possible, Teachable.net will make clear where such links are being made. Independent third parties provide these sites and Teachable.net is not responsible and shall not be liable for the availability or content of these outside resources. We encourage you to be aware of when you have left the Website and to read the terms and conditions of each other website that you visit.

10.  Limitations if you are under the age of 18
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Term & Conditions.  If you are under 18 years of age you are welcome to use the Content in accordance with these Terms, but you are aware that none of the content has been specifically checked for suitability for your use.  If you require more information about the suitability of any resource on this site for self-directed learning please contact support@teachable.net.

11. General
11.1. In respect of the free parts of the Site, there is no specific time limit applying to your access and use. However, Teachable.net 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.

11.2. You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.

11.3. Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

11.4. 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.

11.5. English law will apply to this Agreement and both you and Teachable.net agree to submit to the non-exclusive jurisdiction of the English Courts.

PART B: Paid-for SERVICES

Teachable.net offers some services for which it charges a fee ("Paid-for Services"). Details of what is included in those services (and the fee payable) are described in the relevant area of the Teachable.net web site (the "Site"). Clause 12 The Terms below sets out provisions which are specific to certain Paid-for Services. Part A (above) The General Terms also applies to Paid-for Services and include certain exclusions and limitations on Teachable.net's and your liabilities under this Agreement. If you have any questions, please email support@teachable.net

12. Provision of All Paid-For Services
12.1 You must provide Teachable.net with accurate, complete, up-to-date registration information, including valid credit card details. On registration, you will choose a user name and password ("ID"). It is your responsibility to notify Teachable.net of any changes to that information (including your email address) by emailing support@teachable.net. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify Teachable.net immediately by emailing support@teachable.net.

12.2. Teachable.net will try to process your Paid-for promptly but does not guarantee that any Paid-for Service will be available to you by any specified time. By submitting your order you are agreeing that we may process your Paid-for 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 elect for us to invoice your school, you are responsible for making sure the invoice is paid within 30 days.  Any delay in payment may result in you or your school being barred from using the Site.

12.3. Each user account for any Paid-for Service is solely for use by you. Teachable.net reserves the right to monitor usage of the Paid-for Services using your ID. In the event that unauthorised users are accessing any Paid-for Service using your ID then, without prejudice to its other rights and remedies, Teachable.net reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the Paid-for Services themselves.

12.4. If Teachable.net reasonably believes that your ID is being used in any way which is not permitted by this Agreement, Teachable.net 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. Teachable.net may terminate this Agreement by giving notice to you if you are in breach of this Agreement and in such case, Teachable.net is not obliged to refund you any fees. Teachable.net may terminate this Agreement if it discontinues a Paid-for 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.

12.5. Any other refunds will be given at the discretion of the Company Management.

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