Terms & conditions...
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE TEXTACTIVITIES WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING TEXTACTIVITIES. USE OF THE TEXTACTIVITIES WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
(Last revised )
These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or the website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
TextActivities provides users with access to various browser-based interactive exercises, based on a combination of our own content and user-defined content. TextActivities subscribers can create their own resources for their own use and/or for the use of other TextActivities users, including other TextActivities subscribers. TextActivities subscribers and other TextActivities users can access non-private resources (as defined on the TextActivities website) uploaded by other TextActivities subscribers. TextActivities subscribers can create classes, set up student accounts, set assignments and other activities based on the content of the TextActivities resources that are available to them. Unless explicitly stated otherwise, any new features of the Service will be subject to these Terms and Conditions.
SUBSCRIPTION ACCOUNT, PASSWORD AND SECURITY
If you subscribe to TextActivities, your username (email address) will be used by us to identify you as the contributor of any resource which you upload to the TextActivities website as a public resource. Please note that your password is stored in an encrypted form and we (the TextActivities team) do not have access to it. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify TextActivities of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. TextActivities cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation. Any other information such as name, employer etc will not be made available to any third party.
Please note that TextActivities does not handle or store any data related to the financial transaction involved in paying for an annual subscription. Subscription payments are handled entirely by Stripe.
Subscription to TextActivities is a one-off payment for one year's access to the services available as part of your subscription model, as detailed on the TextActivities website. There is no recurring billing. It is up to you to renew your subscription at the end of your subscription period (although we will send you a reminder a week before your subscription ends).
A subscription is intended for a school, NOT a group of individual teachers. Licensing is limited to one geographical site and cannot be shared with partner schools etc.
The specific features of our various subscription options are detailed on the pricing page of the TextActivities website.
By subscribing to TextActivities, you accept that any resources that you upload to TextActivities during your subscription period will only be available to you while your subscription is in effect. Once your subscription expires, these resources will no longer be accessible on the TextActivities website by you. If you decide to renew your subscription after it has expired, your resources will become available to you again.
It is up to you to ensure that your subscription matches your needs for the whole term of the subscription. It is possible to increase the number of teachers and / or students included in your subscription during the term, but you can only do this by contacting us and requesting an increase, requiring us to send you a Stripe invoice (payable by credit card). Please note that if you do do this, you will be charged a minimum of £20 GBP.
Please note that once you have subscribed to TextActivities, the subscription fee is non-refundable.
One feature of the TextActivities website is the ability to upload and exchange lawful, relevant, fair and appropriate text content. You acknowledge that all information, data (including registration data), texts or messages ("Content") that you upload to the TextActivities website are the sole responsibility of the person from which such Content originated. TextActivities accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content uploaded to the website by you or any third party.
You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Objections" for details of how to report such Content.
If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in your having to pay compensation to the person or company aggrieved.
You agree to not use the Service to:
- upload any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
- harm or attempt to harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload any Content that you do not have a right to transmit under any law;
- upload any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload 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 software or hardware or telecommunications equipment;
- 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;
- intentionally or unintentionally violate any applicable law or regulation;
- collect or store personal data about other users;
You acknowledge that TextActivities does not pre-screen Content that you post on the TextActivities Website, but that TextActivities and people designated by it shall have the right (but not the obligation) to monitor all resources uploaded to the TextActivities website. If TextActivities determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, TextActivities may refuse to accept or may remove any Content from the Website, without any liability to you or a third party.
CONTENT MONITORING AND MODIFICATION
Please note that all Content (including private resources) that you upload to TextActivities may be monitored by the TextActivities team. TextActivities reserves the right to modify resources that are uploaded as public resources, but we will only do this in order to improve the layout or to correct grammatical inaccuracies in the uploaded content, with the aim of improving the experience of other TextActivities users. We may also add tags and additional information to resources uploaded as public resources, in order to make these resources easier to find and to improve the browsing / searching experience of other TextActivities users. TextActivities reserves the right to change the resource-type of any resource (e.g. from public to private) or remove any Content from the Website, without any liability to you or a third party.
You agree to indemnify, defend and hold TextActivities harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, the TextActivities website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by TextActivities.
RIGHTS IN POSTED CONTENT
With respect to all Content that you upload to the TextActivities website as "public" resources, you grant TextActivities a royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with services offered or to be offered by TextActivities. The license granted by You terminates as to a specific piece of Content once You remove or delete such Content from TextActivities.
With respect to all Content that you upload to the TextActivities website as "public" or "unlisted" resources, you grant each user of TextActivities a non-exclusive license to access and use your Content under the terms of the Service. Notwithstanding the foregoing, you hereby grant to each user of TextActivities at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such Content for personal use in the manner contemplated by the Terms and Conditions and the TextActivities Service. The foregoing license granted by you terminates as to a specific piece of Content once you remove or delete such Content from the TextActivities website provided, however, that user rights to such Content arising out of distributions occurring on or prior to deletion of such Content from the TextActivities website survive any termination or expiration of the license granted in this section.
You represent and warrant that you own or otherwise control all of the rights to any Content that you upload to TextActivities and can grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify TextActivities and its affiliates for all claims brought by a third party against TextActivities or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.
If you object to any Content uploaded to TextActivities, please let us know via the contact form which is accessible via the footer at the bottom of every page on the website.
MODIFICATIONS TO SERVICE
TextActivities reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TextActivities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The TextActivities website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the TextActivities website or through the Service or that use of the TextActivities website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of TextActivities for any errors, omissions or inaccurate information on the TextActivities website or available through the Service.
- TextActivities is not responsible for how the Content on the TextActivities website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the TextActivities website or available through the Service.
- TextActivities is not responsible for the loss of texts or resources uploaded and makes no guarantees regarding the permanent storage of texts and resources uploaded. That said, we will endeavour to ensure that the texts and resources that you upload to the TextActivities site are stored safely and remain available to you at all times during your subscription period.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from TextActivities shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
- Text-to-speech is an additional service provided via a third party. No guarantees are made regarding the reliability, stability or accuracy of the text-to-speech service.
LIMITATIONS OF LIABILITY
You expressly acknowledge and agree that TextActivities shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if TextActivities has been advised of the possibility of such damage.