ActivTable Activity Builder Terms of Service
IMPORTANT:This document is a Contract and if you are not of legal age to form a binding contract (in many places, this is 18 years old), then it should be reviewed with your parent or guardian so that you both understand how the Service works and what restrictions or rules apply to your use of the Service.
This Web Service (www.activtable.com also referred to herein as “Activity Builder” or the "Service") is provided by Promethean Limited (“Promethean”, "we", or "us", or "our"). We are a limited company registered in England and Wales under company number 1308938 and with our registered office at Promethean Limited, Promethean House, Lower Philips Road, Whitebirk Industrial Estate, Blackburn, Lancashire, BB1 5TH, United Kingdom. If you have any questions, comments, or concerns regarding these Terms or our Service, please contact us email@example.com.
The Service provided is changing regularly to keep up with your needs and wants. As such, we may change these Terms of Service from time to time. When there is a material change to these Terms of Service, we will use commercially reasonable efforts notify you in advance by placing a notice on the www.activtable.com website or e-mailing you if you have provided us your e-mail address. If you don’t agree with the Terms as changed, you should not use the Service. Your continued use of our Service will amount to acceptance to such changes.
YOUR PASSWORD AND ACCOUNT
- If at any time you are required to register for an account on the Service, you will be asked to provide certain information about yourself, including providing an e-mail address, user name and password. Accordingly, you agree that you will be solely responsible to us for activities undertaken by your account. You agree to notify us promptly if you believe that there has been any unauthorized use of your account or any other breach of security.
- Promethean does not guarantee the security of any information transmitted to any User from the Internet, including through the use of e-mail. Access to the internet, if employed, is your sole responsibility and the responsibility of the Internet provider(s) you select. Promethean does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
INFORMATION ABOUT YOU
ACCESS AND SUPPORT
- We will not be liable if for any reason the Service (or any part of it) is unavailable at any time or for any period. Additionally, access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- You can only use this Service for non-commercial educational purposes unless expressly authorized in writing by Promethean.
- You agree that any Activities you create and save in the “My Activities” section of the Service will not contain any material that is obscene, promotes sexually explicit material, promotes any illegal activity, or is offensive, hateful, or inflammatory. You further agree that while using the Service you will not infringe any copyright, database right, or trademark of any other person or entity.
- While using the Service you agree not to access without authority, interfere with, damage, or disrupt: (a) any part of the Service; (b) any equipment or network on which the Service is stored; or (c) any software used in the provision of the Service. You further agree not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- When using the Service, you must comply with all laws that apply to you.
LINKING TO OUR SERVICE
- You may link to our Service's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
LINKING FROM OUR SERVICE
- Where our Service contains links to other Services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those Services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them including what these third parties do with or how they use personally identifiable information.
- From time to time we may conduct promotions on, through or in connection with the Service, including without limitation, contests, sweepstakes, and competitions (collectively, the “Promotions”). Each Promotion may have additional terms and or rules which shall be posted or otherwise made available to you, and for purposes of each Promotion, shall be deemed incorporated into and form a part of these Terms of Service.
RELIANCE ON INFORMATION POSTED
- Commentary, Activity templates, starter activities, PDFs, Websites and other materials uploaded/posted or referenced on our Service are not intended to amount to advice on which reliance should be placed, nor can we offer any guarantee that any information that is posted is complete, accurate or up to date. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any User of our Service, or by anyone who may be informed of any of its contents.
- Ownership of Activities Created by the User: Other than the rights, licenses, and privileges granted in Section 9.2, Promethean acknowledges and agrees that we obtain no right, title or interest from you in or to any materials you display in any of the Activities you create using the Service (which may include numerous types of materials in many forms of media including but not limited to, flipcharts, text, graphics, articles, photos, images, illustrations, websites, PDFs- hereafter the “Content”). You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any Content not owned by you without the prior consent of the owner of that Content. You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf. We will not share your Activities that you create using the Service with any other user of the Service, without your express permission.
- Licensing of Activities Created Using the Service: You hereby grant to Promethean a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to translate, modify (for technical purposes, for example making sure your Activity is viewable on your computer in the “My Activities” section of the Service) and reproduce such Activities, in each case to enable us to operate the Service, as described in more detail below. This is a license only – Your ownership in the Activities you create using the Service is not affected.
- You represent and warrant that you own or otherwise have adequate rights to grant the rights set out in Section 9.2 above. You represent, warrant, and undertake that (i) use of the Content will not infringe the intellectual property or other rights of any third party; (ii) you have obtained all the necessary rights and consents to grant the licenses set out at 9.2 and (iii) you will immediately remove and notify us of any Content that does not comply with these Terms or which may infringe the rights of third parties.
- You agree to indemnify us, our partners and affiliates for all claims brought by a third party against us, our partners and affiliates arising out of or in connection with the breach of the conditions set out in Section 9.1 and Section 9.3 above.
- You acknowledge that other persons may have submitted Content to the Service which is similar or identical to all or a portion of your Content or concepts contained therein, and you understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of Content, or any posting or display thereof, is not any admission of novelty, priority or originality.
- Any Content or information included in an Activity You create and submit or post through the Service is your sole responsibility. You access all such information and Content at your own risk, and Promethean is not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Promethean shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
NOTICE AND TAKEDOWN
- We do not monitor all Content submitted or posted to the Service. However, if you believe that any Content uploaded, posted or submitted on our Service is defamatory and/or breaches these Terms of Service please assist us by providing us with a written statement with the subject line “Notice of Defamatory Content.” The notice should include your name, mailing address, company name, and your title (if applicable). You should indicate on the notice exactly which words you consider to be defamatory and you should cut and paste the address of the relevant Web page onto the notice. Please state the reasons why you consider the words to be defamatory and explain why the words complained of are untrue and what you believe the true position to be. Please send the notice by e-mail to firstname.lastname@example.org.We will use all reasonable endeavours to remove any content that we deem to be defamatory from our Service within a reasonable timeframe.
- If you believe that any Content or information infringes your copyright, you should notify Promethean of your claim in accordance with the following procedures. Promethean will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Promethean by e-mail to email@example.com
The information requested by the Notice of Infringement is designed to ensure that parties reporting items are either rights owners or authorised by the rights owners, and to enable us to correctly identify the content to be removed.To be effective, the notice of infringement must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of a proper Notice of Infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider/User who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider/User’s access to the Service.
- If the content provider/User believes that the material that was removed or to which access was disabled is not infringing, or the content provider/User believes that the content provider/User has the right to post and use such material, the content provider/User has the right to send us a counter-notice containing the following information to firstname.lastname@example.org:
- an electronic signature of the content provider/User;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- a statement that the content provider/User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- content provider/User’s name, address, phone number, and if available, email address.
- If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing them that we may replace the removed material or cease disabling it in 10-14 business days after receipt of the counter-notice at Promethean’s discretion.
INTELLECTUAL PROPERTY RIGHTS
- Promethean is the owner or a licensee of all intellectual property rights in the Service including the owner of a number of trademarks relating to our brand in several jurisdictions around the world. All such rights are reserved. Nothing in these Terms of Service gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without Promethean’s express written permission.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
- Our Service and the services available through it is and are provided on an "as is" and "as available" basis (save to the extent that additional or alternative terms apply to relevant parts of our Service or the services). To the fullest extent permitted by applicable law, we expressly disclaims all warranties, representations, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied warranties, representations, conditions or other terms of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
- We make no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected..
- You acknowledge and accept that any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that 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.
- Subject to clause 12.5, there is no legal theory (including, without limitation, tort (including negligence), contract, strict liability, or otherwise even if we have been advised of the possibility of such loss or damage) under which Promethean will be liable to you or to any other person for:
- loss of profits;
- loss of goodwill;
- loss of data;
- work stoppage;
- accuracy of results;
- computer failure or malfunction; or
- any indirect, incidental, special, consequential or exemplary loss or damage, arising out of or in relation to these terms and conditions or your use (or inability to use) our Service.
- Nothing in these Terms of Service shall limit or exclude our liability:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability in any jurisdiction.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the above limitations set out above may not apply to you.
- In particular, where you are using our Service as a consumer, nothing in these terms and conditions shall affect your statutory rights.
TERM AND TERMINATION
- The provisions herein shall apply to you for so long as you use the Service. Provision that, by their nature, should survive and apply even after you no longer use the Service shall survive and remain applicable. By way of example, all of the following will survive termination of the Service: any obligation you have to pay us or indemnify us; any limitations on our liability; any terms regarding ownership or intellectual property rights including the licenses granted in Section 9, and terms regarding disputes between us.
- All notices given by you to us, unless otherwise specifically directed herein, must be given to Promethean Limited at email@example.com. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
TRANSFER OF RIGHTS AND OBLIGATIONS
- You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without the prior written consent of Promethean.
- Promethean may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Service, you accept that communication with us will be mainly electronic. We will provide you with information by posting notices on the Service. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not affect your rights under law.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Failure or interruption of connectivity to the internet.
- Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Contract may be performed despite the Force Majeure Event. If the Force Majeure Event continues for two months we may terminate this Contract.
EXPORT CONTROL LAWS
- You acknowledge that your use of the Service and the Content you insert in any Activities that you create on the Service are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Service or Content you insert in any activities that you create on the Service, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions or sanctions (currently including, but not necessarily limited to, Burma, Cuba, Iran, Libya, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user whom you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Services, Software, or Materials. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Service for a Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Service are granted on condition that such rights are forfeited if You fail to comply with the terms of this Agreement. If Promethean has knowledge that a violation has occurred, Promethean may be prohibited from providing maintenance and support for the Service and or Promethean may terminate your use of the Service.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
- The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
- We agree that the terms of this Contract are the complete and exclusive statement of the mutual understanding between you and Promethean, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the use of the Service, and that all modifications to the terms of this Contract must be in a writing signed by both parties (except as otherwise provided herein).
- We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other nor implied from anything said or written in negotiations between us except as expressly stated in these terms.
- We have the right to revise and amend the terms of this Contract from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you register with our Service, unless any change to those policies or these terms is required to be made by law or governmental authority or if we notify you of the change to those policies or these terms and conditions.
- These terms and conditions are governed by the laws of England and Wales. Any disputes or differences arising out of these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.