State of Texas

 

Rev. 13461BC

 

PRIVACY NOTICE

 THE SCHOLASTIC NETWORK 

 

Version Date: January 19, 2022

 

1. GENERAL

Scholastic Network ("Scholastic Network" or "we" or "us" or "our") respects the privacy of everyone ("Sites' visitor" "user" or "you") that uses our website at https://www.thescholasticnetwork.com (hereinafter “website”), our The Scholastic Network Portal (www.portal.thescholasticnetwork.com) (hereinafter “Portal”) as well as other device or online applications related or connected thereto (all the aforementioned collectively, the "Sites").

 

The following Scholastic Network Privacy Notice ("Privacy Notice") is designed to inform you, as a user of the Sites, about the types of personal information that The Scholastic Network may gather about or collect from you in connection with your use of the Sites. It also is intended to explain the conditions under which The Scholastic Network uses and discloses that personal information, and your rights in relation to that personal information.

 

The Sites are hosted in the United States and are subject to U.S. state and federal law. If you are accessing our Sites from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Sites, you are agreeing to that transfer and use of your personal information in accordance with this Privacy Notice. You also agree to abide to the applicable laws of the State of Texas and U.S. federal law concerning your use of the Sites and your agreements with us. If your use of the Sites would be unlawful in your jurisdiction, please do not use the Sites.

 

Company Information

 

The Scholastic Network, LLC

PO BOX 26481

Austin, TX 78755

Email: legal@thescholasticnetwork.com

Phone: 800.660.5572

 

2. HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

 

The Scholastic Network gathers personal information from users of the Sites.  When you browse our Sites, subscribe to our services, or contact us through various social or web forms you are voluntarily sharing personal information with us. This personal information also includes various data that we collect automatically. This may be the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the Sites the user views right before arriving at, while navigating and immediately after leaving the Sites. It may also include various technical aspects of a user's computer or browser and users browsing habits that are collected through cookies. The Scholastic Network may analyze various mentioned personal information gathered from or about users to help The Scholastic Network better understand how the Sites are used and how to make them better. By identifying patterns and trends in usage, The Scholastic Network is able to better design the Sites to improve users’ experiences, both in terms of content and ease of use. From time to time, The Scholastic Network may also release the anonymized information gathered from the users in the aggregate, such as by publishing a report on trends in the usage of the Sites.

 

When we believe disclosure is appropriate, we may disclose your information to help investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of The Scholastic Network, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. We will notify you if permitted before undertaking such disclosures.

 

The Scholastic Network reserves the right to transfer all information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of The Scholastic Network’s assets.  Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred information will be subject to this Privacy Notice, or to a new privacy notice if you are given notice of that new privacy notice and are given an opportunity to affirmatively opt-out of it.

3. DO WE SHARE YOUR PERSONAL INFORMATION?

General Provisions

 

The Scholastic Network contractually prohibits its contractors, affiliates, vendors, and suppliers from disclosing any personal information received from The Scholastic Network, other than in accordance with this Privacy Notice.  These third parties may include advertisers, providers of games, utilities, widgets and a variety of other third-party applications accessible through the Sites. The Scholastic Network neither owns nor controls the third-party websites and applications accessible through the Sites. Thus, this Privacy Notice does not apply to personal information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Sites, directly through the Sites or otherwise, and before providing any personal information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for those Sites or applications, and should take those steps necessary to, in those users’ discretion, protect their privacy.

 

Analytics

 

We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Sites, including Google Analytics for Display Advertising. The personal information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any personal information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads).

 

Social Media

 

We may use hyperlinks on the Sites which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s "Like" button or Twitter’s “tweet” button that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons none of your data will be sent to the respective social network’s plugin providers. To illustrate this further, imagine the scenario where you click on the Facebook’s "Like" button on the Sites. Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Sites. Settings regarding privacy protection can be found on the websites of these social networks and are not within our control.

 

4. MOBILE DEVICE ADDITIONAL TERMS

 

•  Mobile Device. If you use a mobile device to access the Sites or download any of our applications, we may collect device personal information (such as your mobile device ID, model and manufacturer), operating system, version personal information and IP address.

 

•  Geo-Location Personal Information. Unless we have received your prior consent, we do not access or track any location-based personal information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for The Scholastic Network to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

 

•  Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

 

•  Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record personal information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the personal information we store within the analytics software to any personal information you submit within the mobile application.

 

5. SECURITY

 

We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your personal information. We are not responsible for third-party circumvention of any privacy settings or security measures.

 

We are dedicated to protect all personal information on the Sites as is necessary. However, you are responsible for maintaining the confidentiality of your personal information by keeping your password and computer/mobile device access confidential. If you have an account with The Scholastic Network and believe someone has gained unauthorized access to it or your account please change your password as soon as possible. If you lose control of your account, you should notify us immediately.

 

6. PRIVACY RIGHTS - CALIFORNIA USERS

 

Do Not Sell My Personal Information Notice - California Consumer Privacy Act (CCPA)

 

The Scholastic Network has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months.  The Scholastic Network will not sell personal information in the future belonging to Sites' visitors, users and other consumers.

 

If you are under 18 years of age

 

If you have a registered account with The Scholastic Network, you have the right to request the removal of unwanted personal information that you publicly post on our Sites. To request the removal of such information, please contact us using the contact information provided below. Make sure to include your account's email address and a statement that you reside in California.

 

"Shine the Light Law"

 

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, personal information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this personal information would include a list of the categories of the personal information that was shared and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the address listed below.

 

7. COPPA AND FERPA

 

The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Sites represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a user under 13 years of age on or through the Sites, then we will take the appropriate steps to cause this personal information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Sites or has otherwise transferred personal information to the Sites, please contact The Scholastic Network using our contact information below to have that child's account terminated and personal information deleted. 

 

The Family Educational Rights and Privacy Act (“FERPA”) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to a student's education records.  Within The Scholastic Network Portal, school/school district administrators may add students as users of the system.  Under no circumstances does The Scholastic Network share any student data. 

 

8. DO-NOT-TRACK NOTICE 

 

Most web browsers and some mobile operating systems include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Sites currently do not respond to DNT browser signals or mechanisms.

 

9. GOVERNING LAW

 

Disputes over privacy issues contained in this Privacy Notice will be governed by the law of the State of Texas. You also agree to abide by any limitation on damages contained in our Terms of Use, or other agreement that we have with you.

 

10. PRIVACY NOTICE CHANGES

 

The Scholastic Network may, in its sole discretion, change this Privacy Notice from time to time. Any and all changes to Scholastic Network’s Privacy Notice will be reflected on this page and the date of the new version will be stated at the top of this Privacy Notice. Unless stated otherwise, our current Privacy Notice applies to all personal information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Notice. Scholastic Network will always post new versions of the Privacy Notice on the Sites. However, Scholastic Network may, as determined in its discretion, decide to notify users of changes made to this Privacy Notice via email or otherwise. Accordingly, it is important that users always maintain and update their contact personal information.

 

11. CONTACT

 

If you have any questions regarding our Privacy Notice, please contact us at:

 

The Scholastic Network

PO Box 26481

Austin, TX 78755

Email: legal@thescholasticnetwork.com

Phone: 800.660.5572

Terms of Use

Thank you for using The Scholastic Network website (hereinafter “Site”) (accessible at www.thescholasticnetwork.com) and/or The Scholastic Network portal (hereinafter “Portal”) (accessible at https://portal.thescholasticnetwork.com), both hereinafter, the “Sites”. 
 

Your Acceptance of These Terms of Use
 

These Terms of Use apply to all users of the Sites. By using the Sites, you are agreeing to comply with and be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Sites.

This page states the terms and conditions under which you may use the websites and any materials, online communications and other information that is or becomes available on the Sites.  By accessing the Sites, you accept and agree to be bound, without limitation or qualification by these terms.  If you do not accept any of the terms stated here, do not use the websites.
 

Your Consent to Other Agreements
 

The Sites, including all Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries.  All Content and intellectual property rights therein are the property of The Scholastic Network or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
 

The presence of any Content on the Sites does not constitute a waiver of any right in such Content.  You do not acquire ownership rights to any such Content viewed through the Sites.  Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission from The Scholastic Network or the appropriate copyright or intellectual property owner.
 

Permission is hereby granted to the extent necessary to lawfully access and use the Sites and display, download or print portions of the Sites on a temporary basis and for your personal, education, noncommercial use only, provided that you (i) do not modify or repurpose the Content; and (ii) you retain any and all copyright and other proprietary notices contained in the Content; and, (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media outside of The Scholastic Network portal.

To request permission to reuse or republish material copyrighted by The Scholastic Network, please contact us at legal@thescholasticnetwork.com.  We cannot grant permission to reuse or republish Content from to other providers, Portal partners, or clients except through the established procedure used solely within The Scholastic Network portal.
 

Trademarks
 

The Scholastic Network’ names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Sites, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of The Scholastic Network (the “The Scholastic Network Marks”).  All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated with the Sites are the property of their respective owners.  You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners features within the Sites without the prior written permission of such owners.  The use or misuse of The Scholastic Network Marks or other trademarks product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
 

Responsibility for Use-Generated Content Posted On or Through the Sites

Content Posted to www.thescholasticnetwork.com.  You own User-Generated Content that you add to The Scholastic Network external-facing website (Site). 
 

  1. You, not The Scholastic Network, are solely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are obscene, libelous, defamatory, or that violate these Terms of Use, an obligation of confidentiality or the rights of others.  If any part of the User-Generated Content that you post is not your original work, it is your responsibility to obtain and maintain the necessary permission to post it.
     

  2. Because The Scholastic Network does not control the User-Generated Content posted on or through the Site, we cannot and do not warrant or guarantee the quality, truthfulness, origin, or suitability of that User-Generated Content.  You also agree and understand that by accessing the Site, you may encounter User-Generated Content that you deem objectionable.  The Scholastic Network has no responsibility for any User-Generated Content, including without limitation any errors or omissions therein.  We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content emailed, posted, transmitted, or otherwise made available on or through The Scholastic Network Site.  The User-Generated Content posted on or through The Scholastic Network Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of The Scholastic Network or any person or entity associated with The Scholastic Network.
     

You own the copyright in any original User-Generated Content that you post to the Site.  However, by using the Site you are granting The Scholastic Network and our affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter brought into existence, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.  For this reason, we ask that you not post any User-Generated Content that you do not wish to license to The Scholastic Network, including any photographs, videos, confidential information, or product ideas.

Content Uploaded to The Scholastic Network Portal.  The Scholastic Network does not provide personal, individual subscriptions to the Portal.  All Portal users are members of a school, school district, college, university, military organization, content partner, or other legally established organization.  As an assigned portal user within a subscribing organization or provider organization, your User-Generated Content added to the Portal by any means is the property of your organization.  Your organization owns the copyright in any User-Generated Content that you post on and through The Scholastic Network Portal.  However, by using the Portal your are granting The Scholastic Network and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize Use-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed without obtaining additional consent, without restriction, notification, or attribution, and without compensating you or your organization in any way, and to authorize others to do the same.  For this reason, we ask that you not post User-Generated Content that you do not wish to license to us including any photographs, videos, confidential information, or product ideas.
 

Removal of User-Generated Content.  The Scholastic Network has the right to (but do not assume the obligation) to:

  1. Monitor all User-Generated Content;

  2. Require you to avoid certain subjects;

  3. Remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;

  4. Disclose any User-Generated Content, the identity of the user who posted it and the user’s subscribing organization in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of The Scholastic Network or others or to enforce these Terms of Use; and,

  5. Terminate your access to and use of the Portal or to modify, edit, or block your transmissions thereto in our sole discretion.
     

You and your subscribing organization agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
 

Restrictions on User-Generated Content and Portal Usage
 

You shall not upload, post, transmit, or otherwise make available any User-Generated Content that

  1. Is unlawful, harmful hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profance, racially disparaging, indecent, or invasive of another’s privacy;

  2. Is false, misleading, or fraudulent;

  3. You do not have a right to make available under any law or under contractual or fiduciary relationships;

  4. Violates or infringes upon the rights of other individuals, organizations, or any legal entities;

  5. Contains the image, name, or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you have obtained permission from his/her parent or legal guardian;

  6. Requests or solicits private information from any individual;

  7. Requests or solicits money, goods, or services for private, personal gain;

  8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  9. Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; or

  10. Violates any local, state, national or international law, rule, or regulation.
     

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you have read and understood these Terms of Use and your User-Generated Content fully complies with the Terms of Use and applicable laws and will nat cause injury to any person or entity.
 

You may not sell, sub-license, transfer, share, exploit or distribute any of The Scholastic Network Content, code, or intellectual property nor the User-Generated Content added by other users or organizations.  You cannot use automation, such as computer scripts, to download or “scrape” high volumes of Content or code regardless of the source of such Content or code.
 

You shall not use any of The Scholastic Network Content or User-Generated Content not associated with your organization except solely as incorporated into your usage of the Portal.
 

Removal of Content
 

To report objectionable User-Generated Content within the Site, contact us The Scholastic Network using the information below. 
 

To report objectionable User-Generated Content within your organization’s portion of the Portal, contact your local school/district administrator, or your organization’s executive leadership.
 

While we do not have an obligation to remove Content from the Sites merely because of a request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law.
 

Violation of Copyrights
 

The Scholastic Network does not knowingly violate or permit others to violate the copyrights of others.  We will promptly remove or disable access to Content that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

All requests related to the Digital Millennium Copyright Act (the “DMCA”) must be sent to:

Legal

The Scholastic Network

PO BOX 26481

Austin, TX  78755

 

Your notice must be in writing and must include:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright;

  2. A description of the copyrighted work in question;

  3. A description of where the work in question is located on the Site(s) (including the URL, title, other identifying characteristics)

  4. Your name, address, telephone number, and email address, and, if you are not the owner of the work in question, the name of the owner; and,

  5. A written statement by you that you have in good-faith brief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

  6. A statement by you, made under penalty of perjury, that the above information in your notice is true and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Specific Disclaimer of Warranties
 

ALL MATERIALS AND SERVICES IN THIS WEBSITES, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE CONTENT PUBLISHED ON THESE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.  THE SCHOLASTIC NETWORK MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITES, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. THE SCHOLASTIC NETWORK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN ADDITION, THE SCHOLASTIC NETWORK SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND INFORMATION THROUGH THE WEBSITES AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION ARISING FROM ANY SUCH LOSS OR INJURY.
 

Limitation of Liability
 

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER–GENERATED CONTENT. ALTHOUGH WE INCLUDE PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THE SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS,EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER,EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
 

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).
 

Links to Third-Party Websites
 

The Sites may provide links to other websites operated by third parties. Because we have no control over third-party websites, apps or software programs, we are not responsible for the availability of those websites, apps, or programs and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites, apps, or programs.  The Scholastic Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites, apps, or programs.  These Terms of Use do not apply to your use of third-party websites, apps, and/or programs; you use of such is subject to the terms and policies of the owner(s) of such offerings.
 

Waiver
 

 The Scholastic Networks failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by The Scholastic Network of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
 

Severability
 

If the provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowable by law and the remaining provisions of these Terms of Use will remain in full force and effect.
 

Governing Law, Jurisdiction, and Venue
 

These Terms of Use will be governed by the laws of the State of Texas without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal courts located in or around Austin, TX. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.  However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
 

Indemnity
 

You agree to indemnify and hold The Scholastic Network, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post to the Sites causes us to be liable to another.  We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
 

Modification
 

The Scholastic Network shall have the right, at its sole discretion, to make improvements and/or changes in any aspect of the Sites at any time and does not accept any responsibility for the effects these alterations may have. The Scholastic Network also reserves the right to change, modify, add or remove terms of this Agreement at any time without notice. You agree to review this Agreement periodically since such changes, modifications, additions or deletions shall be effective immediately upon posting and your subsequent use after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.