Terms & Conditions
1. Introduction
This “FÍS Book Club.ie” website (the “Site”) is owned and operated by the Institute of Art, Design, and Technology, Dun Laoghaire, Ireland (“IADT”). By using and/or visiting this Site, you acknowledge and agree that you have understood and agree to be bound by these terms and conditions (the “Terms”, which term includes the Privacy Statement referred to herein). If you do not agree to the Terms, you should not use this Site.
2. Background to the Site

2.1 FÍS Book Club.ie is an initiative (the “Initiative”) that is designed, created and coordinated by IADT. The Initiative encourages school-children (each, a “Child” and together the “Children”) to create a video book-review based on their independent reading. The Initiative works primarily through schools (each, a “School”), for whom the relevant teachers (each, a “Teacher”) will access the Site on behalf of each School’s Children.

2.2 Prior to permitting any Child to use the Site, each Teacher will have obtained from the lawful parental or guardian (the “Guardian”) of that Child written consent in the prescribed form (the “Prescribed Consent”) to that Child’s access to, and potential contribution of video book-reviews to, the Site.

2.3 The Site is intended for Children under the age of 13. As the Guardian of the Children using the Site, the Guardian shall have in the Prescribed Consent affirmed that they are 18 years of age or older, and, on behalf of their Child, confirmed that they are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2.4 Prescribed Consent Forms are available to download in the Staff Room section of the website, under Resources to Download. If you have any queries in relation to this form please contact the IADT at info@fisbookclub.ie

2.5 If a Teacher or their School has not obtained the Prescribed Consent for a Child, they must not allow that Child to access the Site.
3. Site Access
IADT hereby grants users permission to use the Site as set forth in these Terms, provided that:

(a) your use of the Site as permitted is solely for your personal, non-commercial and lawful use;

(b) you will not copy or distribute any part of the Site in any medium without IADT’s prior written authorisation;

(c) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose;

(d) you will not frame or include any portion of the Site within another site’s window frame without IADT’s prior written authorisation;

(e) you will otherwise comply with the terms and conditions of these Terms.

2.2 Typically, teachers will register on behalf of their school/class via www.scoilnet.ie, which is a Department of Education and Skills portal for Irish education, providing resources in a digital database covering all subject areas of the primary school curriculum. Scoilnet identifies bonafide teachers via their teaching council id and associated school roll number. Teachers then access www.fisbookclub.ie Site using the log-in details provided to them by Scoilnet. We do not collect any additional personally identifiable information from teachers during our registration process other than what is necessary for such process. We will collect a teacher’s e-mail address for the purpose of sending the teacher email related to membership of the Site only, such as a lost or forgotten password, or occasionally to communicate information to teachers/schools that we reasonably consider may be useful in connection with the Site, such as newsletters or information pertaining to a contest he or she may have entered. Children are given a pupil log-in by their class teacher. Children can only log in when their teacher turns on ‘Pupil Log In’ and logs in using the pupil log in specific to their class in any given year. We only use Personal Data for the specific purpose indicated at the time you input such information. In addition, we never divulge such information to third parties without your consent.

2.3 Each Teacher is solely responsible for the activity that occurs on their account. You must notify IADT immediately of any breach of security or unauthorised use of your account. Although IADT will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of IADT or others due to such unauthorised use.
4. Prohibited Content

4.1 It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, IADT will not tolerate any use of the Site which causes or threatens to cause any harm or upset to any other users (and most particularly in the case of Children), which damages or is likely to damage its reputation, the availability or integrity of the Site or which causes or threatens to cause IADT to incur any legal, tax, regulatory or other liability. IADT therefore requests you to treat the Site with respect, and not to use the Site for any illegal purpose, or in such a way as to infringe or breach third party rights or to cause or threaten to cause IADT damage.

4.2 If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located, then this Site is not intended for your use and you should not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.

4.3 IADT reserves the right to use in part or its entirety, any content, communication, information, intellectual property, material, messages, photos, videos, URLs, profiles and the like (collectively, the “Content”) that is uploaded, published or displayed that it receive from users. Any such Content will be considered non-confidential and nonproprietary, and IADT have the right to use, copy, distribute and disclose to third parties such Content and in particular for the purpose of facilitating the sharing of online book-reviews. By posting any Content on the Site, you are granting IADT a perpetual, irrevocable, worldwide, royalty-free licence to publish such Content on the Site in such manner as IADT deem fit and you waive any moral rights you may otherwise have in respect of such Content. This Clause 4.3 and IADT’s use of any Content is however subject to the terms of IADT’s Privacy Statement.

4.4 You understand and agree that IADT may review any Content on the Site and, at its sole discretion, delete or refuse to accept any such Content, including, without limitation, any Content that in IADT’s sole judgement violates these Terms or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other users. You are solely responsible for the Content that you post on the Site, or transmit to third parties through or in connection with the Site. IADT do not control (other than as expressly provided for in these Terms) the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that all posts made to this Site express the views and opinions of the author and not IADT’s views or opinions (save and except for posts made by IADT) and hence IADT will not be liable for such posts. Under no circumstances will IADT be liable in any way for any Content it does not create, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

4.5 By posting Content, you represent and warrant that you:

(a) have the right to post the Content;

(b) will not post any illegal or prohibited Content; and

(c) will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).

4.6 The following is a non-exhaustive list of the kind of Content that is illegal or prohibited on the Site (the “Prohibited Content”), and IADT reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of any Child/Teacher/School who violate(s) these Terms:

Prohibited Content includes Content that:

(a) contains advertising or any form of commercial solicitation;

(b) personally identifies any Child or user;

(c) you are not authorised to make available under any law, including but not limited to, Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) is offensive (for example, Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual);

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing or “spamming”, pyramid schemes or any other form of unauthorised or unsolicited and unwelcome communication with any third party;

(g) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users;

(h) makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to in connection with the Site;

(i) promotes information that you know is false, misleading or that promotes illegal activities or conduct or content that is illegal, abusive, threatening, obscene, vulgar, pornographic, indecent, defamatory or libellous or otherwise violates the rights (such as rights of privacy and publicity) of others; and

(j) statements or postings that violate the above terms or that IADT believe in its sole and absolute discretion should not be posted.

4.7 IADT may remove such User Submissions and/or terminate your access for uploading Prohibited Content at any time, without prior notice and at its sole discretion.

4.8 You must use the Site only in a manner consistent with any and all applicable laws, statutes and regulations. Your use of this Site constitutes notice that your IP address is recorded as an additional enforcement mechanism should you breach any of the Terms. You agree that you are solely responsible for (and that IADT have no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach.

4.9 You agree that IADT may access, preserve, and/or disclose your account information, IP address and/or Content if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the Terms;

(c) respond to any claims that any Content violates the rights of third parties; and/or

(d) protect the rights, property, or personal safety of IADT, other users of the Site and/or any other third party.

4.10 If you become aware of any infringement of these or you have a reasonable suspicion that there has been an infringement (for example but not limited to, defamatory comments), you should immediately report any such infringement to IADT in accordance with Clause 9 below.
5. Intellectual Property Rights

5.1 The content on the Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (together, the ““IADT Content”), are owned by or licensed to IADT subject to copyright and other intellectual property rights under Irish and foreign laws and international conventions.

5.2 IADT Content on the Site is provided to you as is for your information and for the use prescribed herein only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of IADT.

5.3 By using this Site you agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes or any other purposes other than as expressly prescribed by IADT. If you download, print or otherwise record a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

6. User Submissions

6.1 The Site is intended for the submission of video book-reviews and other communications by Children and/or Teachers (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, IADT does not guarantee any confidentiality with respect to any submissions other than in accordance with the Privacy Statement.

6.2 You (being the relevant Guardian and their Child in the case of submissions by Children, or the Teacher in the case of submissions by a Teacher, referred to herein as the “Submitter”) shall be solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with User Submissions, the Submitter affirms, represents, and/or warrants that:

(a) the Submitter owns or has the necessary licenses, rights, consents, and permissions to use and authorise IADT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms; and

(b) the Submitter has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.

6.3 For clarity, the Submitter retains all of its ownership rights in its User Submissions.

However, by submitting the User Submissions to the Site, the Submitter hereby grants IADT a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to use, reproduce, distribute, display, and perform the User Submissions in connection with the Site and the Initiative, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. The Submitter also hereby grants each user of the Site a non-exclusive licence to access its User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms.

6.4 You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that IADT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IADT with respect thereto, and agree to indemnify and hold IADT and its affiliates, officers, directors, employees, and agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

6.5 Teacher(s), Children and Parent(s)/Guardian(s) are site ‘Users’. Teachers and children provided they are registered members of the site can contribute, share and review all uploads from all members. Parent(s)/Guardian(s) have limited access and can only visit the video book reviews submitted by members of their own child’s class using a Parent/ Guardian provided by their own child’s teacher at the teachers discretion.
7. Links to Third Party Sites

The Site may contain links to third party sites that are not owned or controlled by IADT. IADT has not authorised, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites. In addition, IADT will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve IADT from any and all liability arising from your use of any third-party site. Accordingly, IADT encourages you to be aware when you leave the Site and to read the terms and conditions and privacy statement of each other site that you visit.
8. Privacy

8.1 IADT is committed to protecting your privacy and security. IADT is keenly aware of the importance of protecting such privacy in the context of User Submissions from Children under the age of 13.

8.2 All personal data collected through the Site will be processed in accordance with the IADT’s Privacy Statement. You should review our Privacy Statement, which is incorporated into these Terms by this reference and is available at www.fisbookclub.ie/ privacystatement
9. Disputes with other User Complaints Procedure

9.1 Your interaction with other users of the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those other users. You agree that IADT will not be held responsible for any loss or damage incurred as a result of any such dealings or with respect to any other user’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, IADT is under no obligation to become involved. However, IADT reserves the right, but has no obligation, to monitor disputes and/or act in accordance with the complaints’ procedure outlined in this clause.

92. If you feel that any Content has directed libel or defamation towards you, or to any other third party, or that these Terms have been infringed in any way, you should submit full details of such to IADT. IADT may respond, using its reasonable discretion, with a view to ensuring that damage is limited, by editing or removing Content that it reasonably consider to be offensive or infringing. If necessary, the user who posted the offensive or infringing Content (and or their School and or their Teacher) will be banned or suspended from the Site to limit the possibility of any further offensive or infringing Content being posted.

10. Warranty Disclaimer

You, being the relevant Guardian and their Child in the case of use by Children, or the teacher, in the case of use by a Teacher, agree that your use of the site shall be at your sole risk. To the fullest extent permitted by law, IADT and its affiliates, officers, directors, employees, and agents and/or licensors disclaim all warranties, express or implied, in connection with the site and your use thereof. IADT makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

(i) errors, mistakes, or inaccuracies of content,

(ii) property damage, of any nature whatsoever, resulting from your access to and use of our site,

(iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

(iv) any interruption or cessation of transmission to or from our site,

(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or

(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site.
11. Limitation of Liability
In no event shall IADT and its affiliates, officers, directors, employees, and agents and/ or licensors be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorised access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not IADT is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. IADT makes no representations that the site is appropriate or available for use in jurisdictions other than Ireland. Those who access or use the site, regardless of the jurisdiction in which they use or access the Site, do so at their own volition and are responsible for compliance with local law.
12. Indemnity

You (being the relevant Guardian and their Child in the case of use by Children, or the Teacher, in the case of use by a Teacher) agree to defend, indemnify and hold harmless IADT and its affiliates, officers, directors, employees, and agents and/or licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This indemnity shall survive the cessation or termination of your use of the Site.
13.General
13.1 The Terms and the relationship between you and IADT shall be governed by the laws of Ireland and you agree to submit to the exclusive jurisdiction of the Irish courts. Notwithstanding this, you agree that IADT may at its sole discretion apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

13.2 Any failure by IADT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

13.3 Please contact the IADT at info@fisbookclub.ie if you have any queries regarding the Terms or the Site.

IADT
PDST
Dept of Education