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Terms of use

Please read and ensure You understand these Terms of Use prior to using the Website. These Terms of Use govern Your access to and use of the Website. If You:

  • do not accept these Terms of Use or You do not meet or comply with them, You may not use the Website; or
  • proceed to use the Website, Your use will be taken as acceptance of these Terms of Use.

In these Terms of Use:

'Access Agreement' means an agreement between ESA and a not for profit organisation, government body, museum, cultural organisation or professional organisation and which grants access to Scootle.

'Content' means the educational resources, metadata and user material posted on the Website but excludes the ESA and Scootle logos.

'ESA' means Education Services Australia Limited.

'Non ESA Sites' means links to Internet sites not controlled by ESA.

'Users' means ESA and other authorised users of the Website, including all Australian school teachers and students and authorised personnel accessing the Website via an Access Agreement.

'Website' means the Scootle and Scootle Community websites (URLs http://www.scootle.edu.au and https://community.scootle.edu.au) but does not include Publisher Gateway or websites to which the Website has links.

'You' are an authorised, non-commercial, educational user of the Website.

Ownership

Intellectual property rights subsisting in the Content and Website are owned by:

  • ESA;
  • You; or
  • third-parties.

Content

Content Posted by ESA

Where ESA owned Content:

  • is made available under a particular Creative Commons licence, You may use that Content in accordance with the terms of that licence; or
  • does not specify a particular licence, You may use that Content in accordance with a Creative Commons Attribution 4.0 International (CC BY) licence. When You use this material, ESA requests that You include the following attribution: Education Services Australia Ltd [YEAR]

Where Content owned by a third-party is not made available under a Creative Commons or other open licence, You may:

  • access and view that Content; and
  • where You have gained access other than via an Access Agreement, use that Content in accordance with the rights statement or conditions of use applied to the Content.

For third-party owned Content that ESA has contributed to the Website, unless stated otherwise, You may not:

  • use, reproduce or communicate it anywhere but in Australia;
  • use it for commercial purposes;
  • make it publicly accessible;
  • use it in a manner that would infringe the moral rights of its creator; or
  • use it in a manner that would circumvent any technological protection measure (for example a password) or interfere with any electronic rights management information.


Content posted by You

You may post Content to the Website that you own (Your Content).

If You post Your Content to the website, You must ensure that You:

  • own Your Content; and
  • you have sufficient rights to apply the Creative Commons Attribution 4.0 International Licence to your Content . This licence allows anyone to view, copy, distribute, transmit and adapt Your Content for no payment, and even commercially, provided that they attribute Your authorship each time they do any of those things. Please include a preferred attribution statement for Your Content.

You must not post Content that includes other people’s material (Third Party Material).

You may provide clean hypertext links to Third Party Material.

If You do not, or cannot agree to Your Content being licensed in this manner, You must not post Your Content to the Website. If You are in doubt about the ownership of Your Content and Your right to upload it on the Website, You must not upload it to the Website.

ESA is not liable for Your Content. You agree that You are solely responsible for Your Content and the consequences of posting it on the Website, and any use that follows from posting it to the Website. You warrant that You own and have the necessary right to post Your Content. You further agree and warrant to Us that You will not submit Your Content if it is defamatory, objectionable or offensive on grounds of race, religion, gender, age, sexual orientation or disability, or if it is illegal, invades another's privacy, violates a trade secret or infringes copyright or other intellectual property rights.

Access

You agree to keep any key(s), access code(s), password(s) and personal information numbers (PINs) issued to or created by You confidential.

If You have reason to believe that a key, access code, password and/or PIN is no longer secure (for example, in the event of loss or theft), You must promptly notify ESA of the problem by submitting a support ticket and, where possible, immediately change or arrange for the changing of the key, access code, password or PIN.

Website Administration

ESA is under no obligation to monitor, filter, censor, edit or regulate Content posted on the Website, nor is it obliged to refuse to post Your Content. However, ESA reserves the right to:

  • edit or remove Your Content without prior notice;
  • terminate Your access to the Website if ESA considers You are breaching any of the Terms of Use; and/or
  • co-operate with and notify any law enforcement authorities and disclose information including the identity of any person in respect of Your Content that may violate any relevant laws.

Your Promise

You promise that You will comply with all applicable laws and will not use the Website for a purpose prohibited by these Terms of Use including for any unlawful purpose. For example, You agree not to :

  • upload to the Website material which is unlawful, misleading or deceptive, obscene, defamatory, indecent or offensive, for example material which may offend or threaten someone;
  • upload material to the Website which endorses, promotes or criticises any product, cause or political party, politician or candidate;
  • upload, post, or otherwise make available any material to the Website that You are not permitted to make available or which contains viruses or other computer code, files or programs designed to interrupt, limit or destroy the functions of other computer software or hardware;
  • use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party's contribution to or use and enjoyment of the Website;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
  • breach any privacy law for example uploading images of individuals where they are able to be identified without their permission or in the case of students, without the permission of the relevant student's parent or guardian;
  • use the Website for any purpose other than non-commercial educational purposes; or
  • circumvent any technological protection measure.

You are responsible for Your interactions with other users and You agree to treat other users with respect.

Links to External Websites

The Website contains links to Non ESA Sites. ESA provides the links for ease of reference only and it does not necessarily sponsor or approve of any material contained on the Non ESA Sites. Your access to the Non ESA Sites and use of their content is entirely at Your own risk, and subject to the legal notices and privacy policies of the Non ESA Sites. It is Your responsibility to read and comply with any legal notices that apply to Non ESA Sites.

At the time of linking, the Non ESA Sites were of educational value. However ESA does not control these sites. Their content may change over time. If You discover that the content on a Non ESA Site is unexpected or inappropriate for an education audience please contact help@esa.edu.au as soon as possible.

No Endorsement

You must not use:

  • the ESA logo or name without the prior written consent of ESA; or
  • the Content or Website in a manner that impacts the good reputation of ESA for example, using the Content or Website in a manner that is not in the best interests of minors.

Limitation of liability

ESA has compiled the Content in good faith and has endeavoured to ensure that all Content is accurate and does not breach any person's rights at the time of its inclusion. However, the Content may contain unintentional errors and is provided 'as is'.

ESA respects the intellectual property rights of others. If You consider that someone has uploaded Content that infringes Your intellectual property rights, please contact ESA.

The Website is provided to You on an 'as is' and 'as available' basis and You use it at Your own risk.

To the maximum extent lawful, ESA:

  • excludes all representations and warranties in respect of the Website and the Content; and
  • is not liable for:
    • any loss or damage however caused resulting from the use or inability to use the Website or the Content; or
    • any incidental, special or consequential damages of any nature arising from the use of or inability to use the Website or the Content.

Changes to Terms of Use

ESA reserves the right to change at any time, in its sole discretion, these Terms of Use for the Website. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Website constitutes Your agreement to the current version of the Terms of Use.

Governing Law

The law of Victoria, Australia governs these Terms of Use.