The Story Emporium

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Terms and conditions

For Schools/institutions and Home subscribers:

Please read this carefully because it sets out the terms of a legally binding agreement between you, as Home User or you as an authorised representative of your school or educational establishment, and Frog In A Pan Ltd operators of The Story Emporium website.

These are the terms and conditions on which you may use restricted areas on The Story Emporium (TSE) website. These terms apply to your use of TSE restricted areas and all TSE restricted area content irrespective of the delivery platform or device you use to access it. By accessing the restricted area you are agreeing to these terms and conditions.

We only make these terms and conditions available in the English language.

If you do not agree with the terms and conditions (or are not authorised to do so) you should not use TSE restricted areas content, and should cancel any subscription in accordance with your cancellation rights (see Section 7 below). If you have any questions please contact us. We recommend that you print and save a copy of these terms and conditions for your records.

We strongly recommend that you read these terms and conditions in their entirety.

Except where we state otherwise in Section 7, references in these terms and conditions to The Story Emporium (TSE) (or ”we”, ”us” or ”our”) refer to the company operating The Story Emporium website. See Section 10 below for details.

Except where we state otherwise (‘you’ ‘your’) refers to Home subscribers and registered or subscribing school or educational establishment or authorised representatives acting on their behalf.

Introduction
Access and Use
Privacy Policy and Registration
User Generated Content
Our Responsibilities To You
Subscription Services
Cancellations and refunds
Choice of Law and Jurisdiction
General
Company Information
Changes to Terms and Conditions

1. Introduction

These terms and conditions were last updated on 29 March 2012 and replace all previous terms and conditions for The Story Emporium website. Frog In A Pan (FIP) may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of such changes on the TSE website. You should regularly check the TES website to see if any changes have been made.

We may in exceptional circumstances cease to provide TSE Content or cease to provide subscription services. If we do so, then we will have no further obligation to you, unless you are a paid subscriber in which case we will offer you a refund of the unexpired period of your subscription. See Section 6 for details.

General disclaimer

We have taken care in the preparation of the Website. However, technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Website at all times. However, where possible we will endeavor to resolve problem as soon as possible to minimise disruption to the service provided.

2. Access and Use

Our ability to invest in high quality content depends on our users complying with this Section 2. We recommend that you also read our Copyright Policy that summarises how you are allowed to use TSE Content. It also invites organisations or individuals that may be using TSE Content without the appropriate permissions to approach us with a view to discussing the purchase of a subscription to legitimize that use. Please contact us for details.

The amount of TSE Content that you can view on TSE website depends on what type of user you are. In summary, unless you are a registered user you may not be permitted to view any TSE videos including User Generated content, other then the sample videos and any other videos we make available to visitors to the site.

Registered Users

School/Institution Users: If you are a registered school/institution user: either a paid subscriber or you have been granted a free subscription for a set period of time; 2 months, 6 months or one year, you can view all the video content, download all the documents including the lesson plans accompanying the Oracy to Writing Process and upload stories.

If you have a temporary 14 day Trial Access you can view some of the website content including: Phil’s video stories and upload stories by adults, but you will not be able to view or download any of the ‘Oracy to Writing’ related documents or view User Content generated by children.

The ‘Top Up’ offer is only available to UK State funded schools. This only available once the qualifying school has registered for an annual subscription, free or paid. The school can then obtain the School Code from ‘My Account Info’, this code can only be given to children studying at your school and their parents.

Home Users: If you are an individual registered user: either a paid subscriber or you have been granted free access via an authorised code, given by your child’s school, you can view FIP generated content, Phil’s Stories and the accompanying Home Activity Ideas. You can also upload your own stories. You can access stories uploaded by other adults but you cannot access stories uploaded by children, or any school/institution specific ‘Oracy to Writing’ school lesson plans or documents.

Individuals using the unique ‘School Top-Up Code’ must not divulge this to any unauthorised persons.

From time to time we may invite specific groups of users to access certain sections of TSE which may be the same as or different to the access given under the above types of subscriptions, or trial access.

Permitted Use:
All TSE Content belongs to FIP, who owns all intellectual property rights (including copyright and database rights) in the TES Content and any selection or arrangement of the TSE Content. No intellectual property rights in any TES Content are transferred to you.

You agree that User Content generated by children can only be viewed within a school setting or at school organised venues. The content cannot be viewed in the home. Under these terms and conditions schools and institutions are responsible for ensuring that User Content generated by children is only accessed in authorised circumstances. FIP does not take responsibility for unauthorised use of the website and/or any resultant consequences.

As specified in the “Restrictions on Use” section below, Schools/Educational institutions may not print/copy or redistribute any of the ‘Oracy to Writing’ lesson plans and material to any party who is not part of their school or educational establishment. You may however print and/or redistribute any of the downloadable content from the TSE website, within your school or educational establishment.

Home Users: Neither the service, nor material from it, may be re-sold, or reproduced for the use of anyone other than the named individual subscriber including the Home Activity Ideas. These are the conditions you must comply with in order to copy and distribute content from the TSE website.

If FIP notifies you that it believes you are creating, republishing or redistributing TSE website content outside of these parameters, you shall immediately cease doing so and your rights to download documents shall be regarded as having been withdrawn, unless/until FIP reaches an agreement with you regarding your use of TSE website content.

PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT CERTAIN TYPES OF USE REFERRED TO IN THIS SECTION 2, THE RESTRICTIONS BELOW ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF TSE WEBSITE.

Restrictions on Use: You cannot use FIP or User Generated Content for any unlawful purpose or other than as set out in the “Permitted Use” section above. This means that you cannot: if you are a paid subscriber or have a free subscription or you have a temporary access, share your user name and password (which includes PINS) with any unauthorised person. You are not permitted to share the unique Top- Up code provided by schools, with any unauthorised individuals. By way of example only: a School/institution password is for the school’s sole use. Sharing a password with anyone outside the school or establishment means a copy of the TSE Content may subsequently be made by someone who is not authorised to do so.

Sharing your password or the unique Top-Up code provided by schools, with other Home users or schools is a breach of our terms and conditions and is likely to result in an infringement of copyright. We will always pursue any infringement of our copyright and seek legal remedy.

You cannot:
Copy, publish, republish or redistribute in any way other than as permitted by the “Permitted Use” section above or archive or store any of the TSE Content for access by anyone other then authorised users.

Remove the copyright notice from any copies of TSE Content made under these terms and conditions.

Use or attempt to use the TSE Content outside the parameters we set depending on what subscription you have,

3. Privacy Policy and Registration

All information received by us from your use of TSE website will be used by FIP in accordance with our Privacy Policy below. Please read this for details of how we may process your personal data.

FIP undertakes not to pass on your details to any other educational or governmental organisation or institution without obtaining your prior consent, unless legally obliged to do so. Your information will never be passed on to any commercial organisations.

Registration for a paid, or free subscription or 14 days trial access must only be competed by an authorised representative or individuals. On registration, you must provide FIP with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable TSE registration or subscription pages. FIP is entitled to rely on any information you provide to us.

Each registration is for either a Home user or single school/educational establishment only. On registration, you will choose a user name and password (”ID”). You are not allowed to share your ID or give access to TSE Content through your ID to any unauthorised persons. Schools/institutions: FIP allows multiple users on a network or within an organization to use the same ID. FIP may cancel or suspend your access to TSE website if you share your school ID or unique (Top Up) code with unauthorised individuals or organisations, without further obligation to you.

You may not create additional registration or subscription accounts for the benefit of other organisations, or individuals or with the aim of avoiding our use of IDs to control access to and use of TSE website.

You are responsible for all use of TSE website made by you or anyone else using your ID, and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify FIP immediately by e-mailing us at phil@thestoryemporium.co.uk We recommend that you do not select an obvious user password (such as your name).

If you provide FIP with an email address that will result in any messages FIP may send you being sent to you via a network or device operated or owned by a third party then you promise that you are entitled to receive those messages. You also agree that FIP may stop sending messages to you without notifying you.

4. User Generated Content

TSE website includes facilities for children, Individuals, teaching and non teaching staff to upload their own stories on to the TSE website. We call this “User Generated Content” or “UGC”.

If you wish to view or upload stories then you must comply with any specific rules posted on the TSE website including the Code of Behaviour.

Although we will review content before allowing it to be put the TSE website we do not take responsibility for the UGC. Under these terms and conditions

It is your responsibility as the registered user; either an Home subscriber or subscribing school or educational establishment:

School/Institutions must obtain prior permission from a child’s parent or guardian before you permit children to upload their stories, in particular their video stories.
To ensure that the children are properly supervised when uploading their stories.
To ensure that no inappropriate or offensive content is uploaded onto the TSE website.
To make sure that all children and staff are aware of the Code of behaviour.
To advise staff and children that although they retain ownership of the copyright in any of their UGC, by uploading UGC on to the TES website, they are granting FIP right to make available to authorised user only, the TES User Story Library for an unlimited time. All UGC is restricted to registered or subscription users only.

You are responsible for all the content of any of the UGC that you as an individual or your school/institution uploads on to the site. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

You agree that you will:

Only permit the uploading UGC that is original content and will not infringe the copyright or other rights of any third party when uploading the UGC.
Not upload to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or other form of unsolicited communication.
Not upload to or otherwise publish any UGC that is threatening, abusive, libelous, indecent or otherwise unlawful.
Not upload or other wise publish any racist, sexist, homophobic, anti disability or overtly religious content.
Not disguise the origin of any UGC and not impersonate any person or entity (including FIP employees) or misrepresent any connection with any person or entity.
Not transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of FIP or any computer software or equipment.
Not collect or store other users’ personal data.

We will make every effort to ensure only appropriate content is approved for upload on to TSE website, but it is not possible to guarantee this. Where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions or the Code Of Behaviour, then we will review that UGC, decide whether to remove it from TSE and act accordingly. If you believe that any UGC infringes any legal rights that you may have, or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at phil@thestoryemporium.co.uk FIP retains final approval of the content that is uploaded or removed from TSE website.

Children’s safety on TSE website is paramount. Nothing will appear on TSE website that will enable any child to be traced. In addition access to the children’s library, with UGC from children, is restricted to schools and educational establishments. You must ensure that children’s UGC does not contain any information that may identify them. For example a child might use his/her home address as part of his/her story, such reference must be removed before content is submitted for uploading.

5. Our Responsibilities To You

A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, FIP accepts responsibility (liability) to you for your use of TSE website or the TSE Content. Unless you are a paid subscriber to TSE website, we accept no financial responsibility to you arising from your use of TSE website or the TSE Content. If you are a paid subscriber to TSE website, we limit our financial responsibility to you arising from your use of TSE website or the TSE Content to the price you paid for your subscription. Although this means that we accept very little in the way of financial responsibility for your use of TSE website and the TSE Content, we think this is fair on the basis that the cost of a subscription for additional access rights is relatively inexpensive. It is not commercially possible for us to accept more responsibility for your use of TSE website than set out in this Section 6 taking into account that we permit you to use TSE website for no or a relatively inexpensive cost.

FIP will try to develop and operate TSE website with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware. This is the only promise we make in relation to our provision of the TSE website, and the TSE content.

FIP is not liable for matters beyond it’s reasonable control. FIP does not control third party communications network, including your internet service provider, the internet, acts of God or acts of third parties.

Our financial responsibility to you: You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of TSE website or the TSE content (To the extent that FIP’s liability is not otherwise excluded by this section 5) as follows:

If you incur any loss as a result of using TSE website or any TSE content outside the scope of these terms and conditions, FIP accepts no responsibility (liability) to you for this. If you have paid for a subscription to TSE website, then FIP accepts responsibility (liability) to you for any direct damages you actually incur arising out of your use of TSE website or the TSE content in accordance with these terms and conditions, subject to a limit equal to the price paid by you to FIP, for your subscription during the year in which you incur the damage, you may at your option receive a renewal to your subscription free of charge at the point of renewal, in place of monetary damage. If you have not paid for a subscription to TSE website, then FIP accepts no responsibility (liability) to you for any loss or damage you may incur as a result of your use of the TSE website or the TSE content in accordance with these terms and conditions.

The limitations of liability in this section 5 apply for the benefits of FIP and the in respect of it’s officers, directors, employees, agents, successors and assigns.

Notwithstanding anything else in this Section 5, FIP’s liability will not be limited in the case of death or personal injury directly caused by FIP’s negligence in those countries where it is unlawful for FIP to seek to exclude such liability.

6. Subscription Services and Trial periods

We offer subscription services through TSE website.
Types of subscription/trial periods: unless you purchase a school subscription or have been granted a free school subscription to use TSE then your usage rights will be limited.

We currently offer:

FOR SCHOOLS: 14 day free Trial, free subscription for limited period from 2 months, 6 month to one year and one year paid subscription.

FOR HOME USERS:

1 Year paid subscription: This can be either a direct purchase from the TES website or a purchase through Groupon or other partner organisations.

1 Year Free subscription, when registering with the ‘Top -Up School Code’ provided by a registered UK state funded school.

FIP reserves the right to vary the amount of content and types of service that it makes available to different categories of user which means that we may increase or reduce the content and services that are available to paying subscribers and others types of subscribers listed in this Section 6, from time to time.

Contract formation: FIP will try to process your subscription or temporary access promptly but do not guarantee that your subscription or temporary access will be activated by any specified time. But FIP will endeavor to activate most accounts within 48 hours. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your contact and payment details and/or email address, at which point we will provide you with access to your subscription or temporary access. FIP reserves the right to reject any offer in its discretion, for any or no reason.

Payment details:

School/educational institution: when you subscribe you must provide us with complete and accurate information so an invoice for payment can be sent to you. By submitting details you promise that you are entitled to purchase a subscription and or Top-Up. If we do not receive payment, within two week of you receiving an email invoice from us, we may immediately terminate or suspend your access to your subscription and or Top Up service.

Home Users:

All Paid Users: When you subscribe you must provide us with complete and accurate information. By submitting your details you promise that you are entitled to purchase a subscription. You must then make a payment through our payment service, unless you have already purchased a subscription voucher through Groupon or other partner organisations.

Groupon Home Users can redeem their subscription voucher, purchased through Groupon, by entering the Groupon code on the registration form. You must provide us with complete and accurate information. By submitting your details you promise that you are entitled to a subscription. There is only one subscription per voucher code. It is your responsibility to ensure you enter the code correctly. FIP can not be held responsible for the accuracy of the code entered, or any problem related to the voucher code given by Groupon. Vouchers can only be redeemed 24 hours after the initial date of purchase.

FIP is not responsible and can not be held responsible for any issues or disputes to do with payments or refunds. All such matters are between you and Groupon, and any agreement you have with them. We are solely responsible for ensuring that you are able to redeem your Groupon voucher on our site, to obtain a one year Home subscription to the TSE website, and to provide the same services available to all Home Users.

Free Home Users with a School Top-Up Code, do not need to make any payment, but they must provide us with compete and accurate information. By submitting your details you promise that you are entitled to obtain a free subscription using the Top-Up Code.

In suspicious circumstances we may contact the issuing bank and/or law enforcement authorities/other appropriate third parties.

If you are entitled to a refund under these terms and conditions we will contact you to make arrangement for a refund to be paid to you.

Pricing: the annual subscription price will be made clear to you on our registration or on the prices pages or otherwise during the sign-up process and may vary from time to time. You agree to pay the annual fees at the rates notified to you at the time you take out your subscription. You can also take out any other fixed term or payment frequency that we may offer from time to time. FIP will charge you in British Pounds Sterling. You may also have to pay any applicable local taxes. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.

Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us, and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Other costs: in addition to any subscription you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing TSE website or using the services available on it.

Free trials: we may from time to time and at our discretion make a free trial available to users, in which case we will only charge if you wish to purchase the annual subscription. No more than one free trial per subscriber is allowed.

Renewals: Please see the “Cancellations by you” section below for details of how to cancel your subscription. We will notify you of any changes to the price that will apply upon renewal. Renewal of your subscription will be automatic unless you inform us 14 days prior to the end of your subscription period. Please email us at phil@thestoryemporium.co.uk.

7. Cancellations by you and refunds: unless you cancel your paid subscription before we have started providing any part of it to you, i.e: the subscription period has began (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your paid subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. Your subscription will not be automatically renewed, if you notify us 14 days prior to the end of your subscription period. You may notify us of your wish to cancel your subscription by contacting us at phil@thestoryemporium.co.uk

Cancellations by us: FIP reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease to provide TSE website, the TSE Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

Who your subscription contract is with: When you obtain a TSE subscription you will be contracting with Frog In A Pan Limited, whose principal place of business is at 80 Maryland Road, London, N22 5AN, United Kingdom.

8. Choice of Law and Jurisdiction

If you are a user whose principal address or principal use of TSE website occurs in any jurisdiction other than the United States then these terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 7) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.

If you are a user whose principal address or principal use of TSE website occurs in the United States then these terms and conditions will be subject to the laws of the State of New York. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of the State of New York will (subject to the final paragraph in this Section) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.

For the exclusive benefit of FIP and to the extent possible in the applicable jurisdiction, FIP will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country which is your principal address or the principal use of TSE website occurs, or your orgainsation/institution base of operation or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

9. General

You may not license or transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

10. Company Information

This website at www.thestoryemporium.co.uk (the “Website” or “thestoryemporium” or TSE) is provided to you by the Frog In A Pan Limited (“FIP”) (company registered number 07344135) whose registered address is at Lynwood House, 373/375 Station Rod, Harrow, Middlesex, HA1 2AW. Any questions or issues with the Website or any related services must be directed to FIP as the party responsible for the Website and its operation.

11. Changes to Terms and Conditions

These terms and conditions were published on 29th March 2012 and replace with immediate effect any terms and conditions previously published.

We may make changes to these Terms at any time. We will let you know what these changes are by posting them on the TSE website. It is your responsibility as a user to make sure that you are aware of these changes. Changes will become effective as soon as they are posted/e-mailed to you. If you continue to use TSE site after the posting/e-mail of changes to these Terms, it means that you accept any such changes.