Teach Your Monster to Read User Agreement
•This site and the games and other services offered through it, the “Game Service”, is intended to be used by teachers and parents/guardians as a reading-related teaching tool for children of between 3 and 8 years of age (“Students”).
•Teachers and parents/guardians may register on the site, and as a result become “Users”.
•Users may set up individual accounts for their Students, which allow the Students to access, and the User to track Students’ performance in their use of, the Game Service.
•Accounts may only be established by Users, and not by Students themselves; Students must have Users’ permission to use the Game Service.
1 Introduction. This Teach Your Monster to Read User Agreement (the “Agreement”) is a legal document which sets out your rights and obligations, and those of The Usborne Foundation, a charity registered in England & Wales under Charity Number is 1121957 ("Usborne", "we" or "us") in relation to the Game Service.
You must take the time to read and understand this Agreement before registering for the Game Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Game Service who do not register to become a User similarly affirm that they are bound by this Agreement each time they access the Game Service.
Some of the points addressed in this Agreement will have relevance only if and when certain functionality, such as the ability for Users or Students to interact with each other through the Game Service, is introduced by us. However, it is important that we make you aware of those points at the time you enter into this Agreement with us.
You should be aware that this Agreement may change from time to time in accordance with Clause 18 below.
2 Registration. When you register to become a User, we ask you to provide some information about yourself. You must be honest about this information.
You must not choose a username that could potentially infringe anyone’s rights, which is intended to confuse, or which is offensive, hurtful or otherwise inappropriate, as reasonably determined by us. We may change a username if we think it offends this Agreement.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we may send you important messages there. If you change email address, then you must inform us of the new address through your account on the Game Service.
3 Accounts for Students. Users may set up individual Accounts for their Students. We are sensitive to the privacy and child protection issues that arise from being provided with information that uniquely identifies an individual child: we do not wish to be put in a position whereby we hold that kind of information. Therefore, we strongly recommend that Users identify Students’ accounts by names that are anonymous or incomplete.
Note that we do not request or hold email addresses for Students – only for Users.
5 Games and other software; new services. We provide you with access to games and other software (“Software”) through the Game Service. We grant you a personal, non-exclusive, non-transferable, limited licence to use the Software on any compatible computer from which you access the Game Service. All Software is protected by copyright and other intellectual property laws and treaties and is owned by us, our affiliates or licensors. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code, except where (and to the extent) expressly permitted by law to do so. You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software.
Usborne or its affiliates may offer new or additional services through the Game Service from time to time. Your use of them may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement. We reserve the right to introduce charges for the Game Service in the future; currently we do not charge Users (or Students) to access or use it.
6 Operation of Game Services. Usborne reserves the right to withdraw or modify aspects of the Game Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Game Service becomes inaccessible as a result of technical difficulties experienced by Usborne or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
There may be times when we make the Game Service unavailable so that we can conduct technical work on it. Therefore, please note that we cannot guarantee that the Game Service will always be available at times of your choosing.
Note that we will never ask you for your password, and that you are solely responsible for maintaining the safety and secrecy of your password and any additional identifying information. You will be responsible for the activities of anyone who uses your password to gain access to your account. If you think that someone may have obtained your password, you must change it immediately.
7 Usborne's Role. We are not and cannot be responsible for the behaviour of Users - whether on the Game Service or outside of it. In particular, you should be aware that Usborne does not generally pre-screen or monitor the material contributed by Users.
You can report all inappropriate communication or behaviour to us at [email protected]
8 Misuse of Game Service. The Game Service is intended to be used by its Users for the purposes we describe in this Agreement and on the Game Service itself. Accordingly, Users must not (a) place material on, or otherwise use, the Game Service for any business or commercial purpose; or (b) use their access to the Game Service, or information gathered from it, in connection with the sending of unsolicited bulk email (sometimes known as spam). In addition, Users (and Students associated with the User’s account) must not (i) be abusive, discriminatory or threatening, or harass or communicate offensive messages or images to another User or any Student, whether or not through the Game Service; (ii) infringe the intellectual property or other rights of any person or entity, (iii) breach any applicable law, whether criminal, tortious or otherwise, or (iv) disrupt others’ use of the Game Service.
We reserve the right (a) to suspend or terminate any User's access to the Game Service, or parts of it, and/or (b) to remove, or require the User to remove, material posted on the Game Service, if the User or material appears to us, or to someone who has complained to us, to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the Game Service without our prior consent. You are responsible for everything which is done on or through the Game Service while your User account (or the accounts of any Student associated with your User account) is logged on to the Game Service, or through your or their email address(es).
For completeness, where we reserve a right in this Agreement, it does not mean we are obliged to exercise it.
9 Alerting Usborne. If you see anything on the Game Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at [email protected] We rely upon Users to point out material contributed by other Users which may infringe this Agreement.
10 Disclaimer and Release. Usborne has no control over or responsibility for the truth or accuracy of any material available on the Game Service that is provided by Users or others. If any third party sites are linked to from the Game Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Game Service than you do offline.
Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
To the extent that the law permits, you release Usborne its directors, contractors and employees from all liability (including in relation to disputes with other Users) arising out of your use of a third party site or arising out of or in connection with the material included on the Game Service by Users and other third parties.
11 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Game Service (including the Software and other content that we make available) are owned by Usborne or its licensors. These rights protect all of the games you see on the Game Service, including the graphics of those games, their structure, gameplay and their “look and feel”. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, communicate to the public or create any derivative work from the Game Service, or any part of the games or other material which is found on the Game Service unless properly licensed to do so by us.
By submitting any material to the content to the Game Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
12 Excluded loss. We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Usborne will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
13 Maximum liability. Without limiting the preceding Clause, the aggregate liability of Usborne under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed £5.
14 Non-excluded Liabilities. Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
15 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Game Service.
16 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of Usborne assign or dispose of this Agreement.
18 Changes to this Agreement. Usborne reserves the right to change this Agreement from time to time, and post the new version on the Game Service. When we do so, we notify Users of the fact on the User’s Account Homepage, and post or link to the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately or upon such date as we specify on the main screen. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Usborne Terms and Conditions until one month after the date when we post the new version.
19 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
20 Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
21 Keeping this Agreement. We don't separately file the individual Agreements entered into by members when they register for the Game Service. You can access it athttp://teachyourmonstertoread.com/legals Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
22 Contact. You can contact us by post at The Usborne Foundation, 83-85 Saffron Hill, London EC1N 8RT. Please make sure you include your full name and email address with all correspondence.
1 Personal data, or personal information as we sometimes call it, means data which relates to an identifiable living person. Users may from time to time provide us with personal data, such as the following:
a.The User’s name and email address – and potentially postal address and telephone number(s);
b.Partial identification information relating to the User’s Student(s), such that the User is able to identify the Student in question, but no-one else would be capable of doing so;
c.correspondence through the Game Service, and correspondence sent to us by the User;
d.information based on Students’ activities on and interactions with the Game Service, such as Students’ performance, points gained and prizes awarded; and
e.information we ask the User to submit to verify identity.
3 Cookies are small files which, depending on your browser settings, may be automatically stored on your computer's hard drive when your Web browser accesses a specific Web page. The cookies on the Game Service are:
a.a session cookie placed by us, which links a Student’s and User’s use of the Game Service to their account; and
b.Google Analytics cookies placed by Google, which are governed by these terms: http://code.google.com/apis/analytics/docs/concepts/gaConceptsCookies.html
We are of the view that these cookies are not intrusive.
Note that you may not be able to obtain and use an Account on the Game Service, nor will you be able to use certain aspects of the Services, if your browser is set to reject cookies. You can find out how to manage cookies at this site: www.allaboutcookies.org/manage-cookies/
4 We may use technology to collect anonymous information about the use of the Game Service. For example, our web server may automatically log which parts of the Game Service Users or Students view, their IP addresses and which web browsers they use. This technology does not identify the User or Student personally, but enables us to compile statistics about the use of the Game Service so we can improve it over time; it also enables us to adapt the Game Service to a Student’s progress and ability.
•updates about new features, products and services we make available on or through the Game Service
•news about other games and products or information about literacy that we think will interest Users
Each of the above emails will give you the opportunity of opting-out of receiving future similar communications from us.
In addition, we send emails specifically relating to the usage of the Game Service to Users, such as emails about forgotten passwords, User and Student account activation, and emails which notify Users that a new report on Student progress is available. These emails are intrinsic to the Game Service, and cannot therefore be specifically opted-out of. Should you wish to stop receiving these emails from us, you must de-register as a User.
Note that we only hold email addresses for Users: we do not sent emails to Students.
6 We take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no computer system is completely secure, we believe the measures implemented by our site reduce the likelihood of security problems to a level appropriate to the type of data involved. We have security measures in place to protect our User and Student database and access to this database is restricted internally. However, it remains each User's responsibility:
a.to ensure no-one else uses the Game Service while the User’s machine is "logged on" to the Game Service;
b.to log off or exit from your Account when not using it; and
c.to keep his/her password or other access information secret.
8 Your personal data may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally-compliant request for its disclosure.
9 To inspect, change or correct identity and contact information, Users should log-in to their Account. If you have other questions about the handling or protection of your personal data, a written enquiry should be addressed to by email to [email protected]