Whenever you use Sumdog, you must make sure that you understand and accept these terms. If you don't understand them, please ask someone - for example, a parent or teacher - to help you with them.
If you are a student, you need permission from a parent, a guardian or (when at school) a teacher before you use Sumdog. Also, your parent, guardian or teacher will need to register on your behalf. There may be additional restrictions, which vary from country to country, below certain age limits.
If you're a parent or a teacher registering for a child to use Sumdog, you are also responsible for making sure your children don't break these terms.
The website http://www.sumdog.com, including all related Sumdog materials and merchandise (from now on, we'll call all these "Sumdog") is operated by Sumdog Ltd, of 43 Queensferry Street Lane, Edinburgh EH2 4PF, Scotland (from now on, "We", "Our" or "Us").
In the USA, users deal with Sumdog Inc, 902 Broadway, Manhattan NY 10010.
These terms are a legal agreement between you and Us. Every time you use Sumdog, in any way, you show that you accept these terms.
- "Personal Information" means information which allows an individual to be identified;
- "Children's Personal Information" means Personal Information collected from users under the age of 18;
- "Device" means the electronic device with which you access and use Sumdog;
- "Teacher User" means a user who has registered for a Sumdog teacher login;
- "Parent User" means a user who has registered for a Sumdog parent login;
- "Student User" means a user who has been given login details for a Sumdog student login from a Parent User or a Teacher User;
- "Sumdog Family" means a family account on Sumdog, set up by a Parent User
- "Sumdog School" means a school account on Sumdog, set up by a Teacher User
You may only sign up as a Teacher User if you are
- over 18 years of age, and
- employed to look after students at a recognized educational institution (Your Institution)
If you are a teacher user, you undertake to
- keep your login secure;
- take reasonable precautions to maintain the security of logins for students at your institution
You may only sign up as a Parent User if you are over 18 years of age.
- use Sumdog only for your personal education and entertainment, or for teaching students in Your Institution, or for the personal education and entertainment of members of your Family;
- download, store or print materials on Sumdog, for your own personal use, or for use at Your Institution, or by members of your Family.
And when using Sumdog, you agree that you will:
- show respect and consideration to other users;
- be responsible for any actions which take place under your Sumdog login, and under any Sumdog logins you create, including payment of any fees incurred;
- keep your login details private, and tell us straight away if you think someone knows them, or has used them;
- give us true, complete information about yourself, and about any users for whom you create logins, and tell us if it changes;
- only use Sumdog in a manner that is consistent with these Terms and Conditions.
And you accept that...
- we can't promise that Sumdog will always be available, or that you'll always be able to access it;
- we will not necessarily monitor all of the materials put on Sumdog by its users;
- we may remove or change the services Sumdog offers if we wish.
And you agree that you will NOT try to do these things:
- Use someone else's Sumdog login, or any parts of Sumdog that you're not authorised to use;
- Give us false information about yourself, or about anyone else, or pretend to be someone you aren't;
- Do something likely to offend or hurt another Sumdog user;
- Alter or disrupt Sumdog;
- Put onto Sumdog, or send through Sumdog...
- personal information about anyone, including real name or contact details, except when we ask you;
- bulk messages, commercial messages, chain letters or anything like these;
- anything which may disrupt or harm software, hardware or communications;
- anything which untrue, illegal, inappropriate, or which may be offensive or damaging to others;
- anything which infringes someone else's rights or privacy.
...or help anyone else to try to do them.
If you use Sumdog in any way that doesn't fit with these Terms, we may do whatever we think is necessary, including immediately terminating your use of Sumdog.
Unless otherwise stated in these Terms, or in writing by us, we (or our Licensors) own the copyright, trademarks and all other intellectual property rights in any materials on Sumdog.
When you put any materials on Sumdog, you accept that...
- we may choose to monitor what you put on Sumdog;
- you keep all rights you have in those materials;
- you may not submit anything owned by someone else, unless they have given you permission first;
- if we think it's right to do so, we may remove your materials, or to refuse to make them available;
- you grant us an irrevocable, unlimited, non-exclusive, royalty-free, worldwide licence to use your materials, or create work based on them, in whatever way we wish;
- you irrevocably and unconditionally waive the benefit of any provision of law known as moral rights of authors, or any similar law in any country, for ever, in respect of that material.
And you confirm that...
- you have the right to put those materials on Sumdog
And you may not...
- reproduce, or make available to others, Sumdog's content;
- modify or create derivative works from Sumdog's content.
... or help anyone else to do any of these things, unless you already have written permission from Sumdog.
If you sign up for a Sumdog teacher account,
- you must be a member of staff at a recognised educational institution;
If you have a Sumdog Teacher account, and you set up or join a school's Sumdog account, you must make sure that
- the account is for a recognised educational institution, using a single internet connection, and located at a single postal address;
- only staff who are employed to work with students at that postal address can be teacher members of the school's Sumdog account;
- only students who are taught by that school at that postal address can be student members of the school's Sumdog account;
- if you give us anyone else's personal data, you warrant that you have all required permissions for doing so.
If you are a member of, or wish to join, a Sumdog school account that doesn't meet any of these conditions, you should contact us.
If you have a Sumdog teacher account, and cease to be a member of staff at the school whose Sumdog account you have joined, you must leave that account. If this is prevented by the site (for example, if you're the last teacher remaining on the account) you should contact us.
Although much of Sumdog is free of charge without time limit, we also offer access to additional materials on a subscription basis (from now on, we'll call these "Sumdog Subscriptions").
The benefits of each Sumdog Subscription will be published on Sumdog. We may change the price or benefits for any Sumdog Subscription at our discretion.
When purchasing any Sumdog Subscription, you accept that
- fees for Sumdog Subscriptions are billed in advance;
- if any fees are not paid when they are due, we may terminate or suspend your Sumdog Subscription immediately;
- Sumdog Subscriptions are not transferable - and may not be resold - either partly or in their entirety;
- any discount codes are not transferable, and may only be used once, unless otherwise agreed by us in writing; and
- unless we've agreed differently in writing, Sumdog Subscriptions are non-refundable, except as provided for by applicable law. If your subscription is cancelled before the end of the period you purchased, you will not be given any refund;
- any part of your Sumdog Subscription that has been provided for you as a result of someone else's agreement with us, for example as a donation, is dependent on that person keeping to the terms of that agreement;
- if your subscription is terminated, your account will automatically revert to a free Sumdog login, and be subject to the restrictions of that login.
And you confirm that
- Any payment methods, such as credit or debit cards, that you provide to us are yours, or that you have the authority to provide them.
Sumdog Subscriptions are all delivered online, so you won't receive anything physical.
We will let you use the services your Sumdog Subscription covers as soon as we accept your order.
When ordering a Sumdog Subscription on behalf of a school, you confirm that
- you are a member of staff at that school;
- you have the authority to place the order on behalf of that school.
Parents or guardians can purchase personal subscriptions for children in their family. When purchasing such a subscription, you accept that
- each Sumdog Subscription applies to only one child;
- we will charge the initial subscription fee, including any applicable taxes, to your chosen payment method as soon as you agree the purchase;
- we will only accept your order once full payment of this initial fee has been received;
- after you agree a purchase, we will continue to bill ongoing fees and any other charges incurred on that subscription to your chosen payment method, unless the subscription is cancelled;
- only direct relatives of that child (parents or guardians) can be connected to the child's account;
- each subscription is not transferable, and is personal to one child;
- where a child's Sumdog login is also connected to his or her school account, some features may be disabled during school hours, at the discretion of the school.
Sumdog may carry advertising for our other products or services.
It may also carry links to websites which aren't under our control. We are not responsible for these websites, or their content, or any offers they make to you. Any dealings you have with them are completely independent of us, and we cannot be held responsible if you suffer damage or loss as a result.
We may modify these terms from time to time, in which case we will notify you by posting the new version on the Sumdog website.
It's your responsibility to be aware of the current terms. Any changes apply as soon as they are posted, and if you use Sumdog after that, you show that you accept the updated terms.
Unless otherwise agreed, we make no warranties of any kind, either express or implied, in relation to Sumdog.
We will not be liable for any loss occurring as a result of using Sumdog. If you wish to make any claim against another user arising from their use of Sumdog, you will pursue it only against them, independently of us.
You agree that you fully indemnify us against all claims, liability, losses, costs and expenses - including legal fees - suffered by us which arise from a breach of this agreement by you, or from your use of Sumdog, or from use of Sumdog by any other person who accesses Sumdog using your Login Details, computer or internet account. Furthermore, you agree that you are fully responsible for such claims, losses, costs and expenses or liabilities.
Nothing in these terms limits your rights as a consumer under law, or limits our liability for death or personal injury resulting from our negligence or that of our employees or agents.
These terms are governed by Scots law, and any disputes arising must be brought in the Scottish courts.