Terms and Conditions of Use
Your User Responsibility
By using any of Flyleaf Publishing’s Websites, you are agreeing, as a User, to be bound by these terms, and agree that you are responsible for compliance with any and all applicable laws and regulations, including those to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. If you do not agree with any of these terms, do not use or access our Websites. Flyleaf Publishing assumes no liability regarding any use of its Websites by any person.
We will notify you of any significant changes to our Terms and Conditions of Use by posting notice on our Websites. Revised terms and conditions will take effect when they are posted. By continuing to use the Websites after our Terms and Conditions of Use are revised, you agree to be bound by such revisions. You understand and agree that Flyleaf Publishing may modify or discontinue its Websites for any reason, without notice.
Our Intellectual Property
Flyleaf Publishing is the exclusive owner of all Content and Materials on its Websites which are protected by copyright, trademark, moral rights, trade secret, and other laws (including all laws related to intellectual property rights) of both the United States and foreign countries. You may not remove any copyright, trademark or other proprietary notices from Content and/or Materials. Content, Materials, and all related rights shall remain the exclusive property of Flyleaf Publishing unless otherwise expressly agreed in writing.
Except as specifically provided herein, you may not sell, distribute, modify, publicly perform, prepare derivative works based on, repost, or otherwise use any Content or Materials in any way for any public or commercial purpose without the prior written consent of Flyleaf Publishing. The use of Content or Materials on any other website or networked computer environment is prohibited.
You may not reproduce, transmit, sell, distribute, or in any way exploit Flyleaf Publishing’s Websites or any portion thereof for any commercial use including copying or adapting the HTML code that the Websites use to generate pages.
Permitted Use: Flyleaf Publishing grants permission for you to download its SMART Board files and Homework PDFs on any single computer for your personal, non-commercial home or school use only, provided you keep intact all copyright and other proprietary notices. Homework files may be distributed and/or duplicated for noncommercial purposes only.
Please Note: Flyleaf Publishing’s eBooks may not be downloaded, copied, or duplicated at any time, nor may video-recorded readings of Flyleaf books be distributed. If you are unclear about the way you are using Flyleaf Publishing’s Content and/or Materials as to whether it is an infringement on our protected intellectual property rights, please contact us.
Restrictions on Use
You may not use Flyleaf Publishing’s Content, Materials, or Websites for any illegal purpose or in any manner inconsistent with these Terms and Conditions of Use. You agree to use our Content, Materials, and Websites solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
You may not: (a) access the Website by any means other than by means supporting secure and encrypted communications; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or service;(c) sublicense, rent, lease, or permit any third party to access any Website application or service through the use of User’s Username, except as permitted hereunder; (d) publish the results of benchmark tests of any Website application or service, or use any Website application in any manner which is competitive with services provided by Flyleaf Publishing; and (e) knowingly use or permit any others to use any facilities or services of Flyleaf Publishing or its Licensors in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or on-line environment.
Users understand that Flyleaf Publishing does not control, provide, operate, and is not responsible for, any content, goods or services available on the Internet other than the Content and Materials on its Websites. Internet content made accessible on the Internet by independent third parties is not part of, and is not controlled by Flyleaf Publishing. Flyleaf Publishing neither endorses nor is responsible for the accuracy or reliability of such Internet content, goods or services.
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. In the event you download Content and/or Materials from Flyleaf Publishing, Flyleaf Publishing does not transfer title to the Content and/or Materials to you.
Rogue Programming/ Interruption
You shall not post, transmit, or make available in any way through Flyleaf Publishing’s Websites, software or other materials which contain a computer virus, trojan horse, timebomb, worm, or other Rogue Programming. Flyleaf Publishing has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content and/or Materials on Flyleaf Publishing’s Websites is at your own risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming.
You shall not attempt to disrupt or interrupt the operation of Flyleaf Publishing’s Websites. You shall not use the Websites in any manner that could damage, impair, or interfere with any person’s use of, the Websites.
Refusal or Discontinuation of Service
In the event that Flyleaf Publishing determines, in its sole discretion, that a User has breached any portion of these Terms and Conditions of Use, or has otherwise demonstrated inappropriate conduct, it reserves the right to (i) warn the User via e-mail that she or he has violated this Agreement; (ii) delete any content provided by the User (or anyone accessing User’s account); (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (iv) take any other action that Flyleaf Publishing deems appropriate.
Public Communications and Email
Flyleaf Publishing may provide Users of its Websites the facility for posting communications. Such postings are public and the author shall have no expectation of privacy in such communications. You are responsible for the content of any information you put on Flyleaf Publishing’s Websites. Flyleaf Publishing will not be responsible for the content of communications posted by Users. Flyleaf Publishing retains the right, but has no obligation, to monitor posted communications, and may remove or choose not to post any material that Flyleaf Publishing, in its sole discretion, believes to be offensive, inappropriate, obscene, slanderous, or in any way contrary to law or to Flyleaf Publishing’s policies.
“Offensive Material” includes, but is not limited to, material that:
- Is obscene, offensive, indecent, pornographic, sexually explicit or abusive;
- Contains any racial, religious, or ethnic insult;
- Contains false or misleading statements of fact;
- Constitutes impersonation of another person;
- Is slanderous, libelous or defames any person or entity;
- Causes injury to any person or entity;
- Infringes the privacy or intellectual property rights of any person or entity;
- Is contrary to law or to public policy;
- In any way violates this Agreement or any Flyleaf Publishing policy;
- Includes any survey, contest, pyramid scheme, or chain letter;
- Advertises or offers to sell or buy any goods or services for any commercial purpose;
- Collects or harvests information about others without their express consent;
- Solicits funds
- Or contains any software virus or other code or routine designed to interrupt, destroy, or limit the functionality of any computer.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. Flyleaf Publishing may also disclose any communications to the extent permitted or required by law.
Limitation of Liability / Disclaimer of Warranties
Flyleaf Publishing, its employees, agents, and authors make no representations, and assume no liability, legal or otherwise, for the accuracy, reliability, applicability, use, or misuse of the information described on its Websites or in its Content, Materials, and/or publications. All functionalities are provided “as is”, and without warranties of any kind, express or implied, including without limitation, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Flyleaf Publishing does not warrant that any information is complete or accurate. Flyleaf Publishing intends no portion of its Websites, Content, Materials, and/or publications as professional advice, particularly with regard to determining and implementing the best course of action for an individual student or teacher.
Limitations of Damages
Under no circumstances, including negligence, shall Flyleaf Publishing be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use Flyleaf Publishing’s Websites, Materials, and/or Content; including but not limited to interruptions, errors, defects, mistakes, omissions, deletion of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance or a user’s inability to access, for any reason, Flyleaf’s Websites, Content, and/or Materials.
Governing Law & Venue
Any claim relating to Flyleaf Publishing’s Websites shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. Any dispute will be subject to the exclusive jurisdiction of the courts located within Grafton County in the State of New Hampshire, and the User hereby submits to the personal jurisdiction of such courts.
The failure of Flyleaf Publishing to exercise or enforce any right or provision of our Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of our Terms and Conditions of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Service remain in full force and effect. 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 Websites or the Terms and Conditions of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Users agree to indemnify and hold Flyleaf Publishing and (as applicable) Flyleaf Publishing’s owners, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of the Terms and Conditions of Use, or the User’s violation of any law or the rights of a third party. You hereby release and waive any and all claims and/or liability Flyleaf Publishing arising from or in connection with your use of Flyleaf Publishing’s Websites, Content, or Material.
In the event any provision of this Agreement conflicts with the law or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
Flyleaf Publishing markets, sells, and makes available products to adults who purchase or otherwise legally obtain our Content and Materials, which can then be used by children at the direction and under the supervision of these adults. We respect all of our Users’ privacy, but we recognize the need to provide additional privacy protections with respect to the personal information we collect from children under 13 pursuant to the United States’ Children’s Online Privacy Protection Act of 1998 (“COPPA”).
- A special note to children: If you are under 13, please get permission from your parent or legal guardian before using Flyleaf Publishing’s Websites. You must be 18 or older to purchase or otherwise obtain our Materials and Content. We do not market or knowingly sell products directly to children under 18, and we will seek consent from a parent or legal guardian whenever we identify that a minor attempts to purchase from us.
- A special note to parents: Please help us protect your children’s privacy by instructing them never to volunteer their personal information online without your permission.
You may visit Flyleaf Publishing’s Websites without voluntarily supplying any personally identifiable information about yourself. The Websites do not collect any personally identifiable information about you unless you voluntarily provide that information.
To make use of certain features on the Websites, however, such as Contact Us forms, you will need to provide your Personally-Identifiable Information. For some interactions with Flyleaf Publishing, for example, to participate in our online Forum, you will need to authenticate yourself using Google or Facebook.
Personally-Identifiable Information is information that can be used to identify or contact you, such as your name and email address. We allow you to decide whether you wish to provide us with this information. We will not sell any Personally Identifiable Information you provide on our Site to any unrelated third party without your express permission.
You may opt out of receiving email from us by using the “unsubscribe” link on any email that originates from our email list or by contacting us. You may have your Personally Identifiable Information deleted from our databases by contacting us.
Our Websites are not directed at children who are not under the supervision of an adult, and we will not accept or request Personally-Identifiable Information from individuals we know to be under 13. In accordance with the Children’s Online Privacy Protection Act of 1998, if we learn that a child under 13 has provided us with Personally-Identifiable Information, we will delete this information from our databases.
When you provide information on our online shopping cart to make a purchase, the transactional information that you provide is transmitted in a safe, encrypted format. Flyleaf Publishing utilizes SSL (Secure Socket Layer) technology, an industry-standard protocol used to establish secure communications between a web server and a client. To maintain your security, your encrypted credit card information is sent to the credit card authority and approval status is sent back to us.
It is our intent to protect against the loss, misuse, or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of our customer data. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of internet communications and evolving technologies, however, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
Social Networking Platforms
Flyleaf Publishing may use social networking platforms, such as Facebook and Twitter, to communicate with our customers. We do not control these social media platforms or your profiles on these services, nor do we establish privacy rules on these platforms for how your personal information will be collected or used. If you use these social networking platforms or the tools associated with them, please be aware that third party social networking services have their own privacy policies, and we advise you to read them.