Terms and Conditions

These are the terms and conditions that apply to use of the www.prometheanplanet.com website and associated user forums (”the Website”), which is brought to you by Promethean Ltd. of Promethean House, Lower Philips Road, Blackburn, Lancashire, BB1 5TH, UK (”Promethean”). If you do not wish to be bound by these terms and conditions then you should not access this site. Access of this site shall be deemed to be your acceptance of these terms and conditions.

The terms and conditions may be updated by us from time to time without notice to you. You should review these terms and conditions periodically for changes at: http://www.prometheanplanet.com/terms

Particular Promethean services may also be governed by additional or alternative terms of service, which will be posted on the relevant service.

Promethean currently provides users with access to various on-line resources including online forums, training and support services and specialist content through its network of properties (the “Service”). Unless explicitly stated otherwise, any new features shall be subject to these terms and conditions.

Certain aspects of the Service may require you to register and provide certain information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data (by updat-ing your profile) to keep it true, accurate, current and complete.

Promethean is concerned about the safety and privacy of all its users, particularly children. For this reason, you may not register if you are under 16 years of age.

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at: www.prometheanplanet.com/privacy_policy/

The registration processes on the Website may involve you giving a password and ac-count designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Promethean of any unauthorised use of your password or account and any other breach of security or misuse of the service, and (b) ensure that you exit from your account at the end of each session if you use a shared computer. Promethean can-not and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

You acknowledge that all information, data (including Registration Data), text, software, music, sound, photographs, graphics, video, messages and other materials (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Promethean, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Promethean does not control the Content posted by users of the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowl-edge that by using the Service, there is a risk that you may be exposed to Content that is offensive, indecent or objectionable. You are solely responsible for your interaction with other members, and any disputes with them.

IF YOU BREACH THE CONDITIONS BELOW, YOU SHOULD BE AWARE THAT A PARTY AGGRIEVED BY THE UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, DEFAMATORY OR IN BREACH OF COPYRIGHT, MAY TAKE ACTION AND THAT THIS COULD RESULT IN YOUR IDENTITY BEING DISCLOSED AND YOUR HAVING TO PAY COMPENSATION TO THE PERSON OR COMPANY AGGRIEVED.

You agree to not use the Service to:

upload, post, email or otherwise transmit any Content that is unlawful, harmful, threaten-ing, abusive, harassing, tortuous, defamatory, vulgar, offensive, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which contains false or misleading information;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a Promethean staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

involves any commercial activities without Promethean’s consent;

upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email or otherwise transmit any Content that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights (”Rights”) of any party;

upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;

upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in exchanges;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or use the service in any way that could damage, disable, overburden or impair the service;

intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;

“stalk” or otherwise harass another;

collect or store personal data about other users.

You acknowledge that Promethean does not pre-screen Content (although it may, but is not obliged to monitor the content from time to time), but that Promethean and people designated by it shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Promethean and its designees shall have the right to remove any Content that violates these terms and conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you ac-knowledge that you may not rely on any Content created by Promethean or submitted to Promethean.

You acknowledge and agree that Promethean may preserve Content and may also disclose Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner, (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Promethean or its affiliated companies, and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms and conditions; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Promethean its users and the public. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to adapt to technical requirements.

Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable content.

Rights in posted content

Except as set out below, Promethean does not claim any interest in the copyright of the individual contributions of teaching materials. These remain the property and responsibility of each individual contributor (”a Contributor”). You confirm that the copyright of any materials submitted to the service is yours and does not breach the copyright of any other party.

For further guidance on copyright and creating flipcharts (flipcharts submitted with copyright protected materials will not be validated), please read this specially commissioned Planet news article, which provides basic copyright guidance for members.

You and/or your employer agree to the submission of resources to this Service.

Except as set out below, all rights, responsibilities and liabilities in respect of copyright and other intellectual property rights in such individual contributions rest with the creators and/or persons or organisations who have made such contribution available on this site.

A number of resource packs have been produced by Promethean using partner/third party images, such as the Fairtrade and Comic Relief resource packs. These resource packs have been provided on the understanding that they are only used for the educational purpose that they have been supplied for, to teach the relevant subject of the nature of the resource packs.

These resource packs must not be used for any other purpose, which includes in any commercial capacity or any environment outside of the classroom.

By placing content (including but without limitation, all teaching materials, lesson plans and schemes of work) on the site, a Contributor:-

grants a licence to use the content placed as follows:-

to Promethean, to use the content so that it can use, modify, delete and display and distribute the content and provide the service;

to the users of the Promethean Planet website, to use the content for their own personal, non-commercial use;

warrants to Promethean that the materials placed are the Contributor’s own original work, that the content has not been copied wholly or substantially from any other work or material and that the use under the licences granted above, will not infringe the rights of any third party; and the Contributor further warrants to Promethean that the content contains nothing that is libellous, defamatory or in-decent or which infringes the statutory or common law rights of any third party;

agrees to indemnify Promethean against all actions, claims, demands, costs or damage arising directly or indirectly as a result of any breach of the warranty above;

permits Promethean, on the Contributor’s behalf, to do any acts and things that Promethean may consider necessary to ensure compliance with the terms of the licence granted to users of the site under clause 1 above.

waives the Contributor’s rights (if any) to be identified as the author of the teaching materials and to object to derogatory treatment of the teaching materials.

grants Promethean the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You may request that content you have posted may be removed from the Service at any time. Please contact webmaster@prometheanplanet.com with an email (i) providing Promethean with your contact details (name, telephone, address, e-mail); (ii) identifying the infringing work and (iii) giving detail on why it infringes your rights including, where the issue is copyright, the identification of the copyright work. Upon reciept of a request we will use reasonable endeavors to remove content within 7 days.

You agree to indemnify and hold Promethean and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

You acknowledge that Promethean may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service and the maxi-mum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Promethean has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Promethean reserves the right to log off accounts that are inactive for an extended period of time. You further ac-knowledge that Promethean reserves the right to change these general practices and lim-its at any time, in its sole discretion, with or without notice.

Promethean reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Promethean shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Promethean, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Promethean believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions. You may not create another account with us in this event.

Your dealings with advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) Promethean shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertis-ers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Promethean has no control over such sites and resources, you ac-knowledge and agree that Promethean is not responsible for the availability of such exter-nal sites or resources, and does not endorse and is not responsible or liable for any Con-tent, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Promethean shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in con-nection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

You acknowledge and agree that the Service and any necessary software used in connec-tion with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Prome-thean or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You agree not to access the Service by any means other than through the interface that is provided by Promethean for use in accessing the Service.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROMETHEAN EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM 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 PROP-ERTY RIGHT.

PROMETHEAN MAKES 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 PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROMETHEAN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PROMETHEAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROMETHEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OB-TAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TERMS AND CONDITIONS MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

IN PARTICULAR, NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF PROMETHEAN.

Promethean are trade marks of Promethean Limited (the “Promethean Marks”). Without Promethean’s prior permission, you agree not to display or use in any manner, the Promethean Marks.

These terms and conditions (including the guides and rules referred to herein) constitute the entire agreement between you and Promethean and govern your use of the Service, superseding any prior agreements between you and Promethean. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These terms and conditions are governed by English law and English courts will have exclusive jurisdiction. Any failure by Promethean to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ in-tentions as reflected in the provision, and the other provisions of these terms and condi-tions remain in full force and effect.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

This site is controlled and operated by us from the UK. We make no representation that any material on this site is appropriate for any other jurisdiction. Should you choose to access this site from any other location, you are responsible for compliance with all applicable local laws.