This ("FrogStore") is owned, operated and maintained by Frog Education Limited (registered number 03935677) whose registered office is at G Mill, Dean Clough, Halifax, West Yorkshire, England, HX3 5AX ("Frog Education Limited", "we", "us", "our")
The use of this FrogStore is subject to the terms and conditions of use in Section A ("Terms of Use"). The Terms of Use set out rules for how we run the FrogStore and how you must use the services we provide through it, which includes but is not limited to the uploading and downloading of Sites ("Sites"), Themes ("Themes") and other resources.
Section B sets out the basis on which any personal data we collect from you, or you provide to us, will be processed by us ("Privacy Policy").
Where you access the FrogStore on behalf of any school, local authority or other organisation who is licensed to use this FrogStore ("Organisation"), you acknowledge and agree that you are authorised to bind such Organisation to these Terms of Use.
USE OF THE FROGSTORE
You may be required to register with us to use all or part of the services provided on our FrogStore including:
Access to the FrogStore is currently open to all user profiles within your Organisation, although only those users with staff, teacher or admin. profiles can upload or download from the FrogStore. Organisations do not currently have the facility to alter the access rights of their users manually. Frog Education Limited will use reasonable efforts to deal with any access related requests from your Organisation (whether requesting additional or limited access for certain users) to the FrogStore.
From time to time we may restrict access to some parts of the FrogStore, or our entire FrogStore, to users who have registered with us.
Whilst we currently make no charge for use of the FrogStore and its services, we reserve the right to make charges for the services in the future and to effect any necessary changes to these Terms of Use in accordance with our rights under the section headed "Modification of these Terms of Use".
YOUR CONTRIBUTIONS
Please note that as a condition of making Contributions to the FrogStore you will be required to provide us with certain contact details which may include, but not be limited to a contact name, website address and contact email address.
You shall ensure that any Contributions you make shall:
You shall ensure that any Contributions you make shall not:
PROHIBITED ACTIVITIES
When using this FrogStore (including without limitation, using or making any Contributions), you will observe the following provisions and restrictions:
FILTERING AND REMOVAL OF CONTRIBUTIONS
Whilst we have absolute discretion in determining whether your Contributions (Sites, Themes or otherwise) will be uploaded to the FrogStore, we are under no obligation to, nor do we guarantee that Contributions to the FrogStore will be filtered before they are uploaded or that they will be monitored once uploaded.
We reserve the right to remove or modify your Contributions (Sites, Themes or otherwise) without prior or later notice and without explanations and/or reason.
LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS
The use of third party websites and resources by way of links and application program interfaces ("APIs") is entirely at your own risk. Links and APIs contained in the FrogStore will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the FrogStore are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website and/or FrogStore.
In the same way, the inclusion of any third party content in any Site, Theme or other Contribution does not imply its reliability or serve as an endorsement by us of that content. Your use and reliance on such third party content is entirely at your own risk.
These Terms of Use do not apply to any third party website linked to the FrogStore. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked Website's contents to the relevant third party website provider.
Subject to any right which your Organisation has to link to this FrogStore and provide access to its authorised end users, you are not entitled (nor will you assist others) to set up links from your own websites to the FrogStore (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
Where the FrogStore uses some third party APIs, including (as an example and without limitation) the Flickr and YouTube APIs, for the avoidance of doubt, the FrogStore is not endorsed and/or certified by these third parties. These Terms of Use do not apply to any third party APIs accessed via the FrogStore. You should read the relevant third party's API terms and conditions before using them and direct any questions or comments to the relevant third party.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY OWNERSHIP
For the avoidance of doubt, nothing in these Terms of Use will transfer the ownership of any copyright, trademark, brand, logo or other intellectual property rights which either are, or become owned by Frog Education Limited or its licensors.
FrogStore
All content (excluding, where applicable, your Contributions and those of other users) included on this FrogStore, including any text, graphics, logos, icons, images, software and source code, and the arrangement and compilation of such content and any databases are the property of Frog Education Limited or its licensors and is protected by United Kingdom and international intellectual property laws, including (without limitation) any applicable trademark and copyright laws.
Frog Education Limited Sites and/or Themes
Where we have created Sites or Themes, which are made available for download and use by you and other users, such Sites and/or Themes are the property of Frog Education Limited (and to the extent they contain third party content) its licensors and are protected by United Kingdom and international intellectual property laws, including (without limitation) any applicable trademark and copyright laws.
You are hereby granted a non-exclusive, revocable licence to download and use the Sites and/or Themes in accordance with these Terms of Use and any applicable third party licence terms.
Your Sites and/or Themes
Where you create and submit a Site or Theme to us for upload on the FrogStore, you agree to license the use of your Site or Theme to us and other users of the FrogStore (subject to the observance of ours and any third party's rights pre-existing rights in your Site or Theme) in accordance with the rights detailed in the Creative Commons approved GNU General Public License 2.0. For details of the licence please go to http://creativecommons.org/licenses/GPL/2.0/
Your Contributions (Except your Sites or Themes)
In relation to all your Contributions (other than Sites or Themes), you agree to license the use of those Contributions to us and other users of the FrogStore (subject to the observance of ours and any third party's rights pre-existing rights in your Contribution) in accordance with the rights detailed in the Creative Commons Attribution, ShareAlike version 3.0, Unported. For details of the licence please go to http://creativecommons.org/licenses/by-sa/3.0/.
Your Contributions (Including Sites and Themes)
In addition to any rights granted by the Creative Commons and GNU licensing described above, if you upload any Contribution to the FrogStore you agree to grant us, free of charge, permission to use the material and give consent that the Contribution and your profile will be published on the FrogStore, and will be able to be seen, shared amongst and downloaded by other users of the FrogStore.
You shall ensure that all your Contributions (including any Sites and/or Themes you create and/or submit to us for upload) do not breach either ours or any third party's copyright, trademark rights, or any other intellectual property rights and that you have not included, modified or copied another party's material without their consent or licence.
If you have used another party's material in any Contributions (including any Sites and/or Themes you create and/or submit to us for upload), you undertake to ensure that the original creator has given you permission in advance to use it, to have it published by us on the FrogStore and for it to be used by both us and other users in accordance with these Terms of Use, without any payment. You also agree that the original creator has waived any moral rights they may have in the Contributions.
It is a condition of you making Contributions to the FrogStore that you agree to provide support (where required by us or a user) to Frog Education Limited and other users in relation to your Contributions on a continuing basis.
Third Party Licences
To the extent the FrogStore or any Site, Theme or other Contribution contains any third party content, or you otherwise use any third party content whilst using the FrogStore, a Site, Theme or any other Contribution you shall ensure that you comply with any applicable third party licence terms and remain liable to us, other users and licensors to the extent either we or they suffer any losses as a result of your breach of those terms.
Copying
You may print material (including Contributions) from the FrogStore for your legitimate, private, educational and research purposes within your Organisation, but you may not charge a fee for any use and commercial use is expressly prohibited. Appropriate acknowledgment of the copyright owner is required if material is re-published in any format and no endorsement should be implied by its use. You must ensure that others to whom you provide these materials in accordance with the above are made aware of these restrictions.
YOUR LIABILITY
You shall indemnify us and keep us and other users of the FrogStore and third party licensors, indemnified in respect of any losses which we or where applicable a user or third party licensor incurs as a result of your breach of these Terms of Use or any applicable third party licence terms.
OUR LIABILITY
These terms and conditions do not exclude or limit our liability (if any) to you for:
Access, Availability and Support
We do not guarantee that this FrogStore will be compatible with any Contribution you make, nor can we guarantee that you will be permitted to use and access all necessary third party applications and services which facilitate the use of the FrogStore, Sites, Themes and other Contributions.
It is your responsibility to ensure that you have the necessary access to such third party applications and services, and we shall no liability to you for any access or use issues related to the FrogStore which arise from you being unable to obtain the necessary rights. We do not guarantee that this FrogStore will be available all the time or at any specific time and no liability can be accepted in respect of losses or damages arising out of such unavailability.
We reserve the right to withdraw or modify this FrogStore at any time.
Whilst we will endeavour to provide support to you in relation to access to the FrogStore and Sites and Themes created by us, we cannot guarantee availability or access to the FrogStore. We are not liable to you for providing any support services in relation to the use of yours or other users' Sites, Themes or other Contributions. Any support we do choose to provide will be at our entire discretion and we reserve the right to charge a fee for providing such support.
Viruses
We accept no liability for viruses. You are recommended to take all appropriate safeguards before downloading Contributions and other information from the FrogStore.
Due to the nature of communications over the Internet and the inherent risks of the transfer of data over the Internet, Frog Education Limited shall not be liable for any damage or loss whatsoever resulting from viruses or the corruption or loss of data or damage to software or hardware.
Accuracy
Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this FrogStore, it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this FrogStore.
Due to the changing nature of the information contained in this FrogStore, Frog Education Limited shall not be liable for any damage or loss resulting from information accessible via this FrogStore not being accurate, complete or current.
Limitation of Losses
Your participation in the services offered by the FrogStore is at your own risk. We are not liable for any loss, damage or injury which results directly or indirectly from your participation in the FrogStore and associated events (including the downloading and use of Sites, Themes and other Contributions) unless such loss, damage or injury is caused by our breach of these Terms of Use or our negligence. We will not be liable for any loss, damage or injury caused by you, or your failure to make proper and reasonable efforts to mitigate your loss, or if such loss, damage or injury is due to events outside our reasonable control.
Frog Education Limited shall not be liable for any direct, indirect, special or consequential losses or damages whatsoever, howsoever arising (including but not limited to loss of business, loss of opportunity, loss of sale, loss of goodwill, loss of profits or increased costs).
The disclaimers set in this section 'Our Liability' do not affect or prejudice any other Frog Education Limited disclaimers or exclusions relating to this FrogStore (whether or not contained in these terms) which we have communicated to you or which you have accepted by using this FrogStore.
NO CONTRACTING ONLINE
This FrogStore does not currently support any commercial or monetary transactions. Nothing on this FrogStore is currently intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms of Use which govern the relationship between us in relation to your use of the FrogStore.
If you make a contract with a third party who is named or referred to on this FrogStore, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
GENERAL
Rules as to use or access to this FrogStore are subject to the law of England and Wales and you agree to submit to the jurisdiction of the English Courts in relation to any matter or dispute arising out of or in connection with your use of this FrogStore.
Any waiver or amendment of any of these Terms of Use will be effective only if signed by us and our failure to exercise or enforce any rule shall not constitute a waiver of such right or provision.
OUR RIGHTS AND REMEDIES
We have the absolute discretion to determine whether there has been a breach of these Terms of Use through your use of the FrogStore and we may take such action as we deem to be appropriate. We may issue a warning, written or otherwise, to you before taking such action. Further, we reserve the right to immediately suspend your access to the FrogStore cancel any accounts and/or registrations, and remove any Contributions you have uploaded to the FrogStore. We also have the right to disclose any information to law enforcement authorities as we reasonably feel is necessary.
We have the right to seek damages from you for any loss, damage or injury which results directly or indirectly from your participation in the FrogStore and associated events. Any damages sought will include a claim against you for reimbursement of all costs resulting from the breach.
CONFIDENTIALITY
You and we acknowledge (subject to provisions contained in these Terms of Use allowing disclosure) that where one party ("the Recipient") is exposed to certain information of the other party ("the Discloser") and the Discloser considers and treats this information as confidential information that is not generally known to the public, the Recipient will treat this information as confidential information and will take all appropriate steps to protect the confidential information from unauthorised disclosure.
You acknowledge that any personal or commercially sensitive information which you make public by including it in your Contribution will become accessible by any user of the FrogStore.
ASSIGNMENT
We may assign, novate or otherwise dispose of any or all of the rights and obligations under these Terms of Use (and the contract which they govern between us) to any third party, without your consent.
MODIFICATION OF THESE TERMS OF USE
The examples listed in these Terms of Use are not exhaustive but are indicative of the type of breaches of this Terms of Use. We may change those examples or any of the terms of this Terms of Use at any time by updating this page.
You should check this page from time to time to review the Terms of Use to ensure you are happy with any changes. Using or accessing this FrogStore or associated services indicates your acceptance of this Terms of Use. If you do not accept these Terms of Use, please do not continue to use this FrogStore or associated services.
We take the privacy of our users seriously. This Privacy Policy sets out how we use and protect any personal information that you give us when you use this Website. If you have any questions about this policy or do not agree with it, please contact our Data Protection Compliance Officer by any of the following means before using the Website:
Frog Education Limited, G Mill, Dean Clough, Halifax, West Yorkshire, HX3 5AX, United Kingdom dataprotection@frogeducation.com +44 (0)1422 250 800
We may change this Privacy Policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes. This policy is effective from October 2008.
What information do we collect?
In general, you can use this Website without giving us any information. However, additional services may be available if we have certain information about you.
We may collect the following information:
What do we do with the information we collect?
We use this information to provide you with a better service, and in particular for the following reasons:
We may contact you by e-mail, phone, or post, unless you have registered with the appropriate Preference Service.
Direct Marketing
We would like to provide you with information about new products, services, promotions, special offers and other information which we think you may find interesting. We may send you such information by telephone or post, unless you have registered with the appropriate Preference Service. When you provide us with information, you will be given the option to let us know that you do not want your information used for direct marketing purposes. If you request this option, we will not send you any direct marketing.
You can change your mind at any time by contacting our Data Protection Compliance Officer.
Email Marketing
We would also like to provide you with the information above by e-mail. However, we appreciate that email "spam" has become a problem in recent years.
If you are a registered user or you have previously asked us for information on our products and services, we may send you such information by e-mail, unless you have asked us not to do so.
If the reason you have given us personal information is to receive e-mail information from us, we will continue to provide this information by e-mail unless you ask us not to do so. Otherwise, when you provide us with personal information, we will ask you whether or not you are happy for us to send you this kind of information by e-mail.
If you decide at any time that you no longer wish to receive marketing emails from us, please contact our Data Protection Compliance Officer.
Whom do we share this information with?
We will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.
How to get copies of or amend the information we have collected
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to our Data Protection Compliance Officer at Frog Education Limited Ltd., D Mill, Dean Clough, Halifax, West Yorkshire, HX3 5AX, United Kingdom.
If you think any information we have about you is incorrect or incomplete, please write or e-mail us as soon as possible. We will correct or update any information as soon as possible.
Cookies
We use cookies for certain areas of our Website. Cookies are files that store information on your hard drive or browser that means that our Website can recognise that you have visited our Website before. They make it easier for you to maintain your preferences on the Website (including by re-numbering your login details when you access restricted areas of our Website), and by seeing how you use the Website, we can tailor the Website around your preferences and measure usability of the Website. You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. However, please note that this may prevent you from taking full advantage of the Website. You can find out more on Frog Education Limited cookies and how you can manage them in our specific Cookie Policy document.
If you continue using our Website without changing your settings, we'll assume that you are happy to receive all cookies on our Website.