ONLINEPUPILS LIMITED - TERMS AND CONDITION OF ACCESS TO WEBSITE AND USE OF OUR SERVICES ALL ACCESS TO AND USE OF THIS WEBSITE AND OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. We are Onlinepupils Limited, a company incorporated under the laws of Scotland, with company number SC336336 and a registered office at Blue Square House, 272 Bath Street, Glasgow, Scotland, G2 4JR. In these Terms and Conditions Onlinepupils Limited is referred to as "we", "us" or "our". The following terms and conditions apply to all access to and use of our website (the "Website") and our services ("Services") by both teachers ("Teachers") and pupils ("Pupils") and any other users. Please read them carefully. We recommend that you print these Terms and Conditions off or save them to your computer so that you have a copy of them for future reference. Access to and any use of our Website constitutes your agreement to abide by the terms and conditions below, as amended from time to time. If you do not agree to all of the terms and conditions you shall not be entitled to use our Services and you must leave the Website immediately. 1.  PARTIES These Terms and Conditions, and your acceptance thereof, form a contract between us and you. By continuing to access our Website, you agree to be bound by these Terms and Conditions. 2.  INTELLECTUAL PROPERTY This Website and any newsletters or emails are Onlinepupils Limited 2008. The copyright in any material on this Website and any of our newsletters or emails is owned by us or is used by us under licence and is protected by the copyright laws of the United Kingdom, international copyright treaties and all other applicable copyright and intellectual property laws. You are entitled to copy any information for your own personal or educational use but may not remove any product identification, copyright notices or legends or other notices or proprietary restrictions from any of the material or information contained on the Website or in our newsletters or emails, except with our prior written consent. Any unauthorised use, downloading, retransmission, or other copying or modification of any of the content of the Website may be in breach of statutory or common law rights which could be the subject of legal action. All rights not expressly granted herein are reserved by us. By posting Materials, sending messages or posting comments on or using our Website you agree to grant a licence to us and the users of our Website and Services to use such Materials, messages or comments for educational purposes only. You agree that we will own the database rights in any database created by us, which may contain information and Materials submitted by you. 3.  TRADE MARKS "Onlinepupils" is our trade mark which may or may not be registered in the territory from which you are accessing this Website. All other product or company names and devices, logos, icons, graphics or designs referred to on this Website or in any newsletters or emails are trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and we intend no infringement of such trade marks. In addition, certain names, words, titles, phrases, logos, icons, graphics or designs on any of the pages of the Website or in any newsletters or emails may constitute our unregistered trade marks or trade names. The display of any of the above trade names or trade marks on this Website or in any newsletters or emails does not imply that any licence has been granted to you or any other third party in respect of the same. The appearance or absence of products, services, companies, or organisations, or advertising of third parties on this Website or in any newsletters or emails does not imply any endorsement or non-endorsement thereof by us. All rights to use any of our trade marks are reserved by us. 4.   DISCLAIMER: CONTENT (NO WARRANTY) The information, materials and functions contained in the Website or in any Materials, newsletters or emails including text, graphics, links or other items are provided on an "as is" basis. We do not warrant that the Website, the Materials or the Services will be continuously available but will use its reasonable endeavours to keep all downtime to a minimum. To the fullest extent permitted by applicable law, we exclude all warranties, representations and undertakings whatsoever, express or implied, specifically including but not limited to warranties of satisfactory quality, fitness for a particular purpose, freedom from computer viruses, freedom from errors, omissions, bugs, speed of access or other performance issues and non-infringement of third parties' rights. We reserve the right at any time and without notice to change, amend or otherwise vary these Terms and Conditions and the Website. No warranty, express or implied, is given as to any third party information on this Website or in any Materials, newsletters or emails or its accuracy and as far as is permitted by applicable law we do not accept any liability for any error or omission. Any information published on this Website or in any Materials, newsletters or emails does not constitute specific advice or recommendation in relation to education or otherwise. 5.  YOUR USE OF OUR WEBSITE WE RESERVE THE RIGHT TO MONITOR YOUR USE OF OUR WEBSITE AND OUR SERVICES FOR THE PURPOSES OF MAINTAINING THE SECURITY OF OUR WEBSITE AND TO ENSURE YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS. YOU AGREE THAT WE WILL HAVE THE RIGHT TO ACCESS, INSPECT AND MONITOR ALL MATERIALS SUBMITTED BY YOU. NOTHING IN THESE TERMS AND CONDITIONS WILL ENTITLE US TO PLACE ANY INTRUSIVE SOFTWARE ON YOUR COMPUTER AND WE AGREE AT ALL TIMES TO COMPLY WITH OUR PRIVACY POLICY. You agree not to attempt to breach any security or privacy mechanisms associated with any part of our Website. In particular, you agree not to access/view/modify any software associated with our Website (including the source code) nor will you reverse engineer any part of our Website. In the event we have any security concerns about you or your account we will be entitled to suspend your access to our Website and our Services. If, having investigated the matter, we believe that you have deliberately or maliciously attempted to breach our security or privacy mechanisms, cause damage to our website or otherwise have breached your obligations under these Terms and Condition we will be entitled to terminate your access to our Website and Services and no refund of the Subscription Fee will be given. If we do not deem your actions to be deliberate or malicious, we will extend your subscription by the appropriate amount of time. IF ANY PERSON ATTEMPTS TO BREACH ANY PRIVACY OR SECURITY MECHANISMS OF OUR WEBSITE OR OUR SERVICES WE RESERVE THE RIGHT TO TAKE LEGAL ACTION AGAINST SUCH PERSON. IT IS OUR POLICY TO ALWAYS REPORT THE MATTER TO THE POLICE. You agree not to use our Website or any part of it to post or transmit any content which is unlawful, threatening, libellous, defamatory, obscene or pornographic. We reserve the right in our absolute discretion to remove or edit content or Materials on our Website or any part of it (or instruct you to do so) and we will not be liable to you if we do so. We will be entitled to terminate or suspend your use of the Website or any part of it and/or our Services for any reason at any time in the event that the you are in breach of any part of these Terms and Conditions or if we consider in our sole discretion that you are otherwise bringing our Website or Services into disrepute. We refer you to our Privacy Policy for information on how we will collect and use any personal data you provide to us over our Website. You are responsible for complying with any applicable laws in the jurisdiction in which you live (including, without limitation, any data protection and privacy laws such as the UK Data Protection Act 1998). You agree to fully indemnify us against any costs, losses or expenses arising from claims from a third party that any Materials you upload or post, the content of your Profile, messages or comments is defamatory, infringes their intellectual property rights, is in breach of your obligations to us under these Terms and Conditions or is otherwise unlawful. 6.  DISCLAIMER: LIABILITY We will not be liable for any direct or indirect, special, incidental or consequential loss or damage whatsoever or for loss of profits, contracts, data, goodwill, work stoppage or computer failure resulting from the use of or inability to use this Website, the Materials or our Services, any interruption or availability of this Website, the Materials or our Services, its operation or transmission, computer viruses or otherwise in respect of the use of the Website or our Services and howsoever caused even if we have been advised of the possibility of such damages. We exclude any liability for any errors or omissions from information, Materials and functions included in this Website and our Services except to the extent that such liability may not be lawfully excluded under any applicable law. To the fullest extent permitted by applicable law, we disclaim all such liability arising from our employees', partners' or subcontractors' negligence. We are not responsible for nor shall we be liable for the content of other websites or home pages which are linked to this Website. We will have no liability in respect of material hyperlinked to this Website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with such regulations as may be from time to time in force. The provision by us of a link to another website from this Website does not constitute any authorisation by us to you to access materials held at that location, nor is it evidence of any endorsement by us of the material held there. This Website is hosted in the State of Michogan in the United States of America and operated from Scotland in the United Kingdom. We make no representation that the information contained on the Website is appropriate or available for use in other locations outside the United Kingdom. 7.  GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with Scots law. You agree to submit to the exclusive jurisdiction of the Scottish courts. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. BY USING THIS WEBSITE YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS OF USE. If you have any concerns with regard to content/copyright issues please use the contact us page to inform us - thank you.