Please read this Agreement (“Agreement”) carefully as it governs your
use of the website
http://www.learnnewsdesk.co.uk (the "Site"). By continuing
to use the Site you are agreeing to the terms that appear below. These terms take
effect immediately on your first use of the Site and apply whenever you access the
Site on whatever device.
If you are under 18, you should ask your parents to check these terms. If you do
not agree to be bound by these terms please do not access and/or use the Site. In
respect of any subscription services or third party website to which you link through
this site, specific terms and conditions for each site will prevail over this Agreement.
1. Provision of Service
1.1 The Site is owned and operated by Learnthings, part of Guardian News and Media
Ltd (company number 908396), whose registered office is at Number 1 Scott Place,
Manchester, M3 3GG (“Learnthings”). If you are accessing the Site from
your school's subscription arrangement to our products learnpremium, learnscotland
and/or learnnewsdesk, the terms and conditions for the products will prevail over
this Agreement.
2. Limited Rights to Use Content
2.1 All material displayed on the Site (“Content”) belongs to Learnthings
or its licensors. Subject to clause 2.2, you may retrieve and display the Content
on a computer screen, print individual pages on paper and store such pages in electronic
form on disk, and, if you are accessing the Site via a Learning Platform specified
in your licence agreement, on that Systems Environment (but not on any other server
or other storage device connected to an external network) for your own personal,
educational, non-commercial purposes.
2.2 Most of the Content on the Site is owned by Learnthings but certain Content
is used under licence from third parties (“Third Party Content“) and
will be marked with the copyright notice of those third parties. Some of the Third
Party Content will be subject to additional restrictions - the relevant copyright
notice will make it clear where that is the case. You must comply with such restrictions.
2.3 You may not (without prior written permission from Learnthings): redistribute
any of the Content or supply it to other people (including by using it as part of
any library, archive or similar service);
remove the copyright or trade mark notice from any copies of Content made under
this Agreement;
create a database in electronic or structured manual form by systematically downloading
and storing all or any of the Content; except as expressly set out above, modify,
reproduce or in any way commercially exploit any of the Content.
2.4 You acknowledge that the names, images and logos identifying “Learnthings”,
“Learnpremium”, “Learnscotland”, “Learnnewsdesk”,
“LearningNI” and “Guardian” and third parties and their
products and services are subject to design rights and trade marks of “Learnthings”,
“Learnpremium”, “Learnscotland”, “Learnnewsdesk”
and “Guardian” and third parties and that you may not use them without
written permission.
3. Participation
3.1 The Service may include bulletin boards, discussion groups and other public
areas that allow feedback to Learnthings and interaction between users. The opinions,
advice and statements contained in messages posted on the Site (“Messages”)
are those of the Users and not Learnthings. Where Users can post Messages there
will be a hyperlink to terms which help control the content.
Learnthings reserves the right to delete, move and edit any material submitted.
You are solely responsible for the material you submit to the Site and by submitting
any material you agree that you will not submit any material that: advertises or
promotes any goods or services; reveals any confidential or sensitive information;
contains or links to any unlawful, threatening, abusive, libellous, indecent or
otherwise illegal material; contains any material which you do not have permission
to use (including material which may be protected by copyright, trade marks, database
right or any other form of intellectual property right); contains viruses or any
other components with harmful or contaminating properties which may affect the Site
or any equipment connected to it; or disguises your identity or impersonates any
person.
3.2 Where you are invited to submit any contribution to the Site (including any
text, photographs, graphics, video or audio) you agree, by submitting your contribution,
to grant Learnthings a perpetual, royalty-free, non-exclusive, sub-licensable right
to use, reproduce, modify and distribute your contribution worldwide in any media.
If you do not want to grant Learnthings the rights set out above, please do not
submit your contribution to the Site.
3.3 The Site contains material submitted by users over whom Learnthings has no control.
Learnthings cannot guarantee the accuracy, integrity or quality of any such material.
Some Users may breach these terms and post material that is misleading, untrue or
offensive - you must bear all risk associated with your viewing of such material.
3.4 Copyright in any software that is made available for download for the participation
in the Site (“Software”) belongs to Learnthings or its suppliers. Your
use of the Software is governed by the terms of any licence agreement that may accompany
or be included with the Software. Certain promotions and areas on the Site may also
be subject to additional terms of use which will be made available clearly by hyperlink
- you must comply with all such terms.
4. Limited Warranties
4.1 Learnthings will use its reasonable skill and care in making the Site available
to you and in ensuring its continuing availability. However, because of the number
of sources from which Learnthings obtains the Content and because of the nature
of the Internet and computer software and hardware, Learnthings does not give you
any other warranties. In particular, you should not take the accuracy or availability
of the information for granted and Learnthings makes no warranty that the Site is
free from infection by viruses or anything else that has contaminating or destructive
properties. All implied warranties are excluded from this Agreement to the extent
that they must be excluded as a matter of law.
5. Limitation of Liability
5.1 In respect of the Content which is available free on the Site, Learnthings will
use its reasonable endeavours to resolve faults but because the service is free
you agree that Learnthings will not be liable for any losses you may incur as a
result of your use or non-use of that Content. Terms and conditions of any subscription
service or third party website will prevail over this Agreement.
5.2 Except where we have expressly agreed otherwise, neither you nor Learnthings
will be responsible for any losses that the other suffers as a result of a breach
of this Agreement except those losses which are a foreseeable consequence of the
breach. Neither party will be responsible for indirect losses which happen as a
side-effect of the main loss or damage and which are not foreseeable by Learnthings
and you (such as loss of profits or loss of data).
5.3 Notwithstanding the above provisions of this clause 5, Learnthings' liability
will not be limited in the case of death or personal injury directly caused by Learnthings'
negligence.
6. Privacy Policy
6.1 Any information that you provide about yourself to Learnthings will only be
used by Learnthings in accordance with its Privacy Policy. Please read the Privacy
Policy carefully and if you have any questions please email learncontact@guardian.co.uk
7. Changes
7.1 Learnthings is continually seeking to improve the Site and services offered.
Learnthings reserves the right, at its discretion, to make changes to any part of
the Site.
7.2 In respect of non-subscription services, Learnthings may change or add to this
Agreement as a result of its policy of updating and improving the Site or for security,
legal or regulatory reasons. Learnthings will post any changes or additions to this
Agreement online. If you do not agree to be bound by those changes, you should not
access and/or use the Site any further.
For changes to terms and conditions for any subscription service or third party
website, please refer to the individual website for updates and amendments to their
terms and conditions.
8. Links
8.1 The Site contains links to other web sites and resources, either directly or
through frames and, where possible, Learnthings will make clear where such links
are being made. Where independent third parties provide these sites Learnthings
is not responsible and shall not be liable for the availability or content of these
outside resources. Where Learnthings provides these sites, specific terms and conditions
for each site will prevail over this Agreement. Learnthings is not responsible for
the contents of any site linking to Learnthings.
9. Third party material
9.1 You will see advertising material submitted by third parties on the Site. Individual
advertisers are solely responsible for the content of advertising material which
they submit to us, including ensuring that it complies with relevant legislation.We
accept no responsibility for the content of advertising material, including, without
limitation, any error, omission or inaccuracy therein.
10. General
10.1 When you register to use the Site you may be asked to use a password. In order
to prevent fraud, you must keep this password confidential and must not disclose
it or share it with anyone. If you know or suspect that someone else knows your
password you should notify us by contacting learncontact@guardian.co.uk immediately.
If Learnthings has reason to believe that there is likely to be a breach of security
or misuse of the Site, we may require you to use a different password or we may
suspend your access to the Site.
10.2 In respect of the free parts of the Site, there is no specific time limit applying
to your access and use. However, Learnthings reserves the right to suspend or terminate
your access and use of the free parts of the Site at any time. It may exercise the
right with or without notice.
10.3 You may not transfer any of your rights under these Terms and Conditions to
any other person. No consent should be required for an assignment or transfer of
Learnthings' rights and obligations under these Terms to any entity within its Group.
“Group” shall mean the companies controlling, controlled by or in current
control with Learnthings.
10.4 If you breach this Agreement and Learnthings chooses to ignore this, Learnthings
will still be entitled to use its rights and remedies at a later date or in any
other situation where you breach this Agreement.
10.5 A person who is not party to this Agreement shall have no right to enforce
any of its terms.
10.6 We will try to solve any disagreements quickly and efficiently. If you are
not happy with the way we deal with any disagreement and you want to take court
proceedings, you must do so under English law within the United Kingdom
10.7 Headings in this Agreement are for convenience only and will have no legal
meaning or effect.
Every effort has been made to establish copyright in the material on this Site.
If there are any anomalies, please email Lucy Haire at lucy.haire@guardian.co.uk