Terms and Conditions
These Terms of Use govern your use of the website http://edscrib.com/ and any websites operated by EdScrib and any successor websites of the foregoing (collectively called, the “Site”), any software that belongs and is the property of EdScrib downloaded from the Site or obtained elsewhere (the “Software”), and all of the services made available for the user on the Site (the “Services”). By your use of this Site, you confirm your agreement to all terms, conditions, and regulations in these Terms and Conditions.
If you do not agree to the following Terms and Conditions, please do not use this Site. EdScrib reserves the right, in its discretion, to update or make changes to these Terms and Conditions from time to time, including the fees for the Software or Services published on the site. Please check this page regularly in order to be informed about the most recent changes. Your continued use of the Site after any changes to the Terms and Conditions constitutes acceptance of those changes.
In the event that you do not agree to any of the changes in the Terms and Conditions as they may occur, please refrain from continuing to use the website and any of the services provided by EdScrib. You agree that we are not liable to you or to any third party bodies for any changes to the Terms and Conditions. To the extent our Services or Software require you to set up an account with a password or other login credentials, if you are designated as the parent or legal guardian in the account, you agree to be responsible for ensuring that all users accessing your account obey the regulations in these Terms and Conditions and any modifications that may be made to the Terms and Conditions in the future.
If you are a customer or a partner school administrator using the Site, Services or Software on behalf of any other entity or person (including students), you represent and warrant that you are authorised to accept these Terms and Conditions on such entity’s behalf or such person’s behalf and that such entity/person has agreed to indemnify EdScrib for any violations of these Terms and Conditions.
Children’s Online Privacy Protection Act
Viewing this site means that you agree that, if you provide any personal and sensitive information about a child under age 13 in order to allow them to use the Site, Software or Services, that you are either:
(a) the parent or alternatively, a legal guardian of such individual and that you give your consent to the child’s use of the Site, Software, and Service available on this site and agree to be bound to these Terms and Conditions with respect to the child’s personal use of them
or
(b) an authorized educator or partner school administrator who has previously informed the child’s parents or legal guardian, and received permission from them to allow the child to use the Site, Software, and Service, and you agree to be bound to these Terms and Conditions with respect to the child’s use of them. You are fully aware that the Privacy Policy will also apply to the child’s use of EdScib’s Site, Software, and Service.
Permitted Use of Materials On The Site
This site is fully owned and managed by EdScib and/or, in the case of particular elements or sections, its third-party service providers as well as partners, and unless stated otherwise, all of the contents of the Site and Software are the property of EdScrib exclusively and are protected, without limitation. All foreign copyright and other intellectual property rights apply.
Without previous permission of EdScrib, no material from this Site or Software may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The only exception would be downloading a single copy of any of the promotional materials publicly available on this site per one electronic device and exclusively for your personal and non-commercial use. All forms of modification, updating, use, or distribution of the materials for any other purpose is a violation of EdScrib’s rights. You are not allowed to purposefully disable any security or technological features originally included in the Software and/or Services offered by EdScrib.
You may not export the Software without the prior written consent of EdScrib and even after such consent is granted, you must ensure to comply with applicable export control laws and obtain any necessary licenses to do so. For purposes of this Agreement, the use or publication of any such material on other websites is not allowed. If you download any software from the site, the Software including any files, images incorporated into the original version of it, or generated by the Software it is essential for it to be licensed to you by EdScrib.
EdScrib reserves the right to this Site, the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, or disassemble the Software or its elements in any form. EdScrib does not transfer the ownership of the Software to you.
User Conduct
This Site along with the Software and the Services may allow you as well as other third-party organisations and professional bodies to post content such as text, messages, opinions, advice, statements, reviews, comments, graphics, video, music and other materials and information (collectively, “Content”). Only the individuals from whom the Content originated are responsible for it and not EdScrib. Furthermore, users are the only individuals responsible for the content of their messages. EdScrib will not be responsible for the content posted by other users or its accuracy. You acknowledge and declare your awareness of the right to pre-screen and/or monitor Content posted on the Site by EdScrib, and that EdScrib shall have the right to remove, edit, move or close, in whole or in part, any thread or posting for any reason and especially if it violates any of the Terms and Conditions.
Under no circumstances will EdScrib be held accountable for any loss or damage as a result of EdScrib’s removal of any Content that was considered inappropriate. It is your responsibility to critically evaluate and interpret the Content published as part of Services, Software, and the Site. Any instances of harmful or unlawful conduct are not allowed on the Site. Users are not permitted to upload to, distribute through, or otherwise publish through the Site any Content which can be perceived as defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise inappropriate and that could be interpreted as a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
Unauthorised commercial messages and/or public announcements are not allowed on the Site without prior written permission of EdScrib. All forms of unauthorised gathering and/or use of email addresses or any other personal contact information via the Site are also not permitted. Please keep in mind that, generally, the information you publicly upload on the Site, Software, or Service may potentially be accessible by other users of the Site. Please ensure that you are comfortable sharing any information you choose to post or upload on the Site or Software.
You hereby agree that EdScrib and its agents and partners have an irrevocable, fully-sublicensable, worldwide and non-exclusive right and license to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, and display, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised, and including the right to delete (in whole or in part) or incorporate the Content for any purpose and without acknowledgment to you. By posting or contributing any of your Content, you confirm that the use of your Content by us and any of our users will not violate any of the rights of third parties involved.
Paid Services and Software
Although as of the date of these Terms and Conditions, certain elements of the Site, Software and Services are available to users at no cost, EdScrib reserves the right, at any time without any prior notice, to remove any part of the Site, and any Software or Services from free access and to charge a fee for access to such materials. If this happens, all fees must be paid in GBP British Pounds. If at that time, you make the decision to purchase an already fee-based Service or Software and successfully confirm and complete the transaction, you agree to pay all fees as per the new pricing plan.
EdScrib under any circumstances will NOT charge your credit card until after your subscription has been processed and a confirmatory email has been sent. Although we strive to monitor all payments as closely as possible, at times some fees may be listed in error. If we discover any errors or inconsistencies in pricing for any of your subscriptions, we may do one of the following:
- If the correct fee is lower than the stated one, as soon as our team becomes aware of the issue we will contact you immediately and refund the full difference of the amount paid by you and the correct fee.
- In case the correct fee is higher than our stated fee, we will then contact you as soon as we become aware of the issue for instructions.
- In the event that we become aware of the issue before the subscription is confirmed, EdScrib reserves the right to cancel your order and make sure you get informed about such cancellation.
Content and Usage
You agree not to use the Site, Software or the Services for any of the following purposes: uploading, posting, emailing, or otherwise distributing any Content that contains personal and sensitive information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; harm minors in any way or write comments that in any offend other individuals.
You also agree not to transmit Content that you do not have ownership rights to (such as confidential information learned or disclosed as part of employment relationships, or under non-disclosure agreements); upload, post, e-mail, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; upload, post, e-mail, or otherwise transmit any unsolicited or unauthorised advertising, marketing materials of any kind. Transmitting any material that contains software viruses or any other computer code, files, or programmes designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt any of the elements of EdScrib’s Services, Software, the Site, or servers or networks connected to the Site is also not allowed. All attempts to disobey any requirements, procedures, policies, or regulations of networks connected to the Site are also not permitted.
Third-Party Sites
The Site may redirect you to other websites on the Internet, not necessarily owned and administered by EdScrib. Those websites are not being controlled or modified by EdScrib, and you declare that you are aware that EdScrib is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content published on those sites.
Termination
This Agreement will terminate immediately without any previous notice needed to be given by EdScrib, if you fail to comply with any of these Terms and Conditions. Upon termination, you must destroy all materials obtained from EdScrib and all copies thereof at your disposal, whether made under the terms of this Agreement or otherwise.
EdScrib reserves an exclusive right, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site anytime and without any previous notice. EdScrib will not be liable to you or any other third parties or professional bodies for any termination of access to the Site by you or by any user accessing your account, or for removal of information from the Site.
Privacy Policy
Any information submitted on the Site or through the Software or Services is subject to our Privacy Policy. Please review our Privacy Policy carefully and check it regularly in case any updated terms and clauses are added. The terms of our Privacy Policy are incorporated into these Terms and Conditions for easier reference.
Disclaimers of Warranties; Limitations on Liability
EdScrib makes no representations or warranties with respect to the site, the software, the services, or any contents, which are provided for use “as is” and “as available.” EdScrib disclaims all warranties, expressed or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the site, and any website with which it is linked, and the software and services. EdScrib does not warrant the functions, information, content or links contained on the site or in the software, or the services are fit for any particular purpose or that the operation of the site, the software, the services or the 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.
EdScrib does not warrant or make any representations regarding the use or the results of the use of the materials on the site or of the software in terms of their correctness, accuracy, reliability, or otherwise. You (and not EdScrib) 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. Under no circumstances, including, but not limited to, negligence, shall EdScrib be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the site, any software or any services, even if EdScrib or an EdScrib-authorised 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 EdScrib’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, negligence or otherwise) exceed the amount paid by you, if any, for accessing the site, software or services that are the cause of such liability during the six month period immediately preceding the event causing the liability.
You hereby acknowledge that you understand that by accessing the site and agreeing to these terms of use, you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, all applicable UK laws and regulations.
In case you feel dissatisfied with the Site, Services and/or Software, or with any of the above terms, conditions, rules, policies, guidelines or allowed practices of using the Site, Services and/or Software, please stop accessing the site and discontinue the use of EdScrib’s Site, Services and/or Software.
Indemnification and Release
You consent to protect, indemnify and keep harmless EdScrib and all of its staff, vendors, officers, and directors against any damages, lawsuits, and expenditures, including attorney’s fees, resulting from the usage or misuse of the Site, the Software or any Content by you or any individual registered under and actively using your account. EdScrib retains the right to claim exclusive protection and control of any matter subject to reimbursement by you at its own cost, in which case you must comply with EdScrib in claiming any necessary defenses. In the event of a dispute with one or more users of the Internet, the Software or the Services, you shall release EdScrib and its owners, administrators, officers, staff, agents, representatives, partners, and associates from lawsuits and damages (actual and consequential) of any kind and existence, known and unknown, suspected and innocent, revealed and undisclosed.
Jurisdictional Matters
By accessing the EdScrib Site, you agree that the rules and regulations of the United Kingdom shall extend to all matters relating to the use of this Site and all services offered as part of thereof without regard to conflict of law standards, and you accept that all dispute settlement and proceedings will be performed according to the law of the United Kingdom. The titles in the Terms and Conditions section are for convenience only and have no legal or contractual effect. Where any provision of this Agreement is unconstitutional, invalid or unenforceable for any reason, that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed to be amended so that their intent can be effected and enforced in a lawful manner. This is the whole and complete agreement between the parties concerning the subject matter.
Copies
All material on the Site and in the Software, without limitation, is protected by the UK and foreign copyright and trademark laws. In order to seek permission to reproduce any material on the Site or in the Software (outside of personal and non-commercial use), please contact us at contact@edscrib.com.
Direct Links
When you make links to the Site, you can only direct link to the home page, and the linking must be in plain text unless EdScrib has accepted any other way of linking in writing. Any such connection shall not harm the goodwill associated with EdScrib and/or any intellectual property of EdScrib, nor may it establish the false impression that your website or organisation is funded, endorsed, affiliated, or anyhow associated with EdScrib, and that you do not “frame” the Site. From any website, you are not allowed to link to the Site in any way which may be considered as unlawful, violent, pornographic, or obscene, which encourages abuse or criminal actions, or which is otherwise unacceptable in the sole discretion of EdScrib. EdScrib reserves the right to terminate any links and disable them from any Website at its absolute discretion. Please send your name, address, website URL, and full website address to contact@edscrib.com to request permission to publicly link from your website to the Site.