Terms of Service

last updated
January 10, 2017

Teaching Resource Licence

Your use of the Licensed Material (as defined below) is strictly subject to the terms and conditions contained in this Teaching Resource Licence (this "Licence"). This Licence is a legally binding agreement between You and TES Education Resources Limited in relation to Your use of the Licensed Material. By using the Licensed Material, You confirm that You accept the terms and conditions under this Licence and agree to be bound by them. Please read the terms and conditions under this Licence carefully.

Section 1 - Definitions.

  1. Adapted Material means material subject to Copyright that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified. For the avoidance of doubt, all rights in any Adapted Material will be owned by the Owner (as defined below).
  2. Author means the creator of the Licensed Materials.
  3. Copyright means copyright and database right which subsist in the Licensed Material.
  4. Effective Technological Measures means those measures that are taken to control unauthorised copying, transmission and use of any materials (such as encryption).
  5. Exceptions and Limitations means fair dealing and/or any other legal, statutory or common law exception or limitation to Copyright that applies to Your use of the Licensed Material.
  6. Licence has the meaning given in the preamble to this Licence.
  7. Licensed Material means the artistic or literary work, image, video or audio recording, database, and/or other material supplied to You by the Licensor (pursuant to its agreement with the Owner) for use under this Licence.
  8. Licensed Rights means the rights granted to You by the Licensor under this Licence.
  9. Licensor means TES Education Resources Limited, a company incorporated in England and Wales with company number 8835256 whose registered office is at 26 Red Lion Square, London WC1R 4HQ, United Kingdom.
  10. Limited Licence has the meaning given in Section 2(a)(5)(A)(a).
  11. Owner means the owner of the Copyright (and may or may not be the author).
  12. Price means the price stated as being payable by You in connection with the Licensed Material at the time of Your completion of the procedure to purchase access to the Licensed Material through the Licensor’s (or its affiliate’s) website.
  13. Share means to provide the Licensed Material to the public (other than in accordance with Sections 2(a)(1)(B) or 2(a)(1)(C) only) by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  14. Student means any student, pupil, tutee or similar individual whom You Teach, and Students means more than one of them.
  15. Student Limit has the meaning given in Section 2(a)(6).
  16. Teach means to direct the learning, via a live (not pre-recorded) session, of an identifiable person or a limited group of identifiable people. Teaching has a corresponding meaning.
  17. Website T&Cs means the terms and conditions applicable to Your use of the Licensor’s and/or its affiliate’s websites (including without limitation those terms and conditions available here: https://www.tes.co.uk/content/terms-and-conditions and here: https://www.tes.co.uk/content/additional-terms-tes-resources, as updated from time to time.
  18. You means the individual or entity exercising the Licensed Rights under this Licence as the licensee. Your has a corresponding meaning.

Section 2 - Scope.

  1. Licence grant.

    1. Subject to the terms and conditions of this Licence, and in consideration of Your payment to the Licensor of the Price, the Licensor hereby grants You (pursuant to its agreement with the Owner) a worldwide, non-exclusive, non-sublicensable (save as provided under Section 2(a)(5)(A)(a) below), irrevocable (save as provided under Section 6 "Term and Termination", below) sub-licence to:
      1. use and reproduce the Licensed Material (in whole or in part, including as part of any Adapted Material) for Your own personal, non-commercial, private study or educational purposes only, without any right to Share the Licensed Material;
      2. use, reproduce and distribute such Licensed Material to Your Students for Teaching purposes only without any right to Share the Licensed Material and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(6) (Student Limit); and
      3. create Adapted Material and use, reproduce and distribute such Adapted Material to Your Students for Teaching purposes only and without any right to Share the Adapted material, and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(6) (Student Limit).
    2. Notwithstanding the above and for the avoidance of doubt, You are not given the right to Share any of the Licensed Material and/or Adapted Material, except in accordance with the terms of this Licence.
    3. Exceptions and Limitations. For the avoidance of doubt, the terms and conditions of this Licence shall not apply to Your use of the Licensed Material to the extent that any Exceptions and Limitations apply to such use.
    4. Media, formats and technical modifications. The Licensor authorises You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to prevent You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For the purposes of this Licence, simply making modifications authorised by this Section 2(a)(4) shall not be deemed to produce Adapted Material.
    5. Downstream recipients.
      1. Limited Licence for Students You Teach.
        1. Subject to the Student Limit set out in Section 2(a)(6) below, You shall, and hereby undertake to, grant any Student that receives any Licensed Material or any Adapted Material from You, automatically at the time of receipt of such Licensed Material or Adapted Material (as applicable) by such Student, a limited, non-sublicensable licence to use such Licensed Material or Adapted Material (as applicable) for such Student’s own personal, non-commercial private study or educational purposes only (a "Limited Licence"). You shall be responsible for ensuring the compliance of any Student who receives the Licensed Material or Adapted Material (as applicable) from You, on Your behalf or as a result of Your Teaching with the terms and conditions of this Licence to the extent applicable to them.
        2. Where Your right to use the Licensed Material terminates under Section 6(a), all Limited Licences granted by You shall also automatically terminate. Where Section 6(b) applies all Limited Licences shall be renewed in the same manner.
      2. No downstream restrictions. Without prejudice to any Effective Technological Measures subsisting in or with respect to the Licensed Material when supplied to You under the terms of this Licence, You may not apply any additional Effective Technological Measures to the Licensed Material.
    6. Student Limit. The number of concurrent Limited Licences You may grant under this Licence must be reasonable given the custom and practice for class sizes in the country in which You Teach and, in any event, You shall not grant more than 1,000 Limited Licences or otherwise distribute the Licensed Material or any Adapted Material to more than 1,000 Students (the “Student Limit”).
    7. No endorsement. Nothing in this Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or any other persons designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. The Licensor and the Author waive any rights (including, to the extent applicable, moral rights) that they have in relation to the Licensed Material to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. In the event that the Author has moral rights in the Licensed Material which have not been waived, the Licensor agrees to notify You and provide You with the necessary details of that third party in accordance with Section 3(a)(i).
    2. Save as expressly set out in this Licence, this Licence does not confer on You any right to make use of the Licensor's, the Author's or the Owner's patents, trade marks and/or any other rights that they may hold from time to time.
    3. This Licence is not a grant of ownership in or to the Licenced Material or Adpted Material. Save as expressly permitted by the terms and conditions of this Licence, no other uses of the Licensed Material or Adpated Material are permitted and nothing shall operate to grant You any rights in or to the Licensed Material other than the Licensed Rights.
    4. For the avoidance of doubt, the Licensor may offer the Licensed Material to any third party under separate terms or conditions or stop distributing the Licensed Material to third parties at any time. 

Section 3 - Licence Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions:

  1. Attribution.

    1. If You use the Licensed Material as a Teaching resource, You must:
      1. display on or in reasonably clear connection with the Licensed Material the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the Author(s) of the Licensed Material and any other person or persons (e.g. of the Owner) designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Licence;
        4. a notice that refers to the disclaimer of warranties contained in this Licence; and
        5. URL or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications.
    1. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You use the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    2. If requested by the Licensor, You must (to the extent reasonably practicable) remove any of the information required by Section 3(a)(1 )(A) from Your copies of the Licensed Material within 30 days of receipt of the request.
  1. Payment of Price.

    1. You shall pay the Price to the Licensor upon acceptance of the terms and conditions of this Licence and in any event prior to You downloading the Licensed Material.
    2. Save for Your payment of the Price, the Licensor waives any right to collect royalties from You (or from those Students to whom You have granted a Limited Licence) for the exercise of the Licensed Rights. In all other cases, or in the event of any non-compliance with the terms or conditions of this Licence, the Licensor expressly reserves the right to collect such royalties.

Section 4 - Database Rights.

Where the Licensed Material is a database in which database rights subsist and are licensed in accordance with Section 2(a)(1):

  1. if You include all or a substantial portion of the contents of such Licensed Material in another database in which You have a database right, the other database in which You have a database right (but not its individual contents) shall constitute Adapted Material for the purposes of this Licence; and
  2. You must comply with the conditions set out in Section 3(a) if You make use of all or a substantial portion of the contents of the Licensed Material in any way.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Licence where the Licensed Rights include rights under other copyright (in addition to rights under any database right).

Section 5 - Disclaimer of Warranties and Limitation of Liability.

  1. To the fullest extent permitted by law, the Licensor offers the Licensed Material on a "as-is" and “as available” basis. The Licensor makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, freedom from viruses, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
  2. To the fullest extent permitted by law, in no event shall the Licensor be liable to You or any Student (including, without limitation, in negligence) for any direct, special, indirect, incidental, consequential, punitive, exemplary, economic or other losses, costs, expenses, or damages arising out of this Licence or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the fullest extent permitted by law, most closely approximates an absolute disclaimer and waiver of all liability.
  4. To the extent that the Licensor’s liability cannot be excluded or limited by law, in no event shall the total aggregate and cumulative liability to You for claims of any kind exceed the amount of the Price paid by You for the download and use of the Licensed Material.
  5. Notwithstanding any other section of this Licence, nothing in this Licence shall exclude or restrict the Licensor's liability for fraud or death or personal injury resulting from its own negligence or any other liability which may not by law be excluded or restricted.

Section 6 - Term and Termination.

  1. This Licence is effective from the time at which the Licensed Material is downloaded by You and shall continue to apply for the duration of the Copyright in the Licensed Material or the Adpted Material (as applicable). If You fail to comply with the terms or conditions of this Licence, Your rights under this Licence (including all Licensed Rights) shall terminate automatically without notice from the Licensor.
  2. Where Your Licensed Rights have terminated under Section 6(a), they shall be reinstated:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.

          For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for any breach by You of
          this Licence

  1. In accordance with the Website T&Cs, the Licensor shall be entitled to terminate this Licence with immediate effect on notice to you in the event that the Licensor in its sole discretion believes that the Licensed Material breaches or may breach the Website T&Cs for any reason.
  2. Upon termination of this Licence, You shall immediately cease to exercise all of the Licensed Rights, promptly delete and/or destroy any copies (whether electronic or physical, in whole or in part) of the Licensed Material (including to the extent it is contained in any Adapted Material) in Your possession and procure the deletion and/or destruction of any such copies of the Licensed Material (including to the extent it is contained in any Adapted Material) made available to those you Teach.
  3. Upon termination of this Licence, any and all Limited Licences granted by You shall also terminate.
  4. Sections 1, 5, 6, 7, and 8 shall survive termination of this Licence.

Section 7 - Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed in writing.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Licence.
  3. In the case of any inconsistencies between the terms and conditions of this Licence and any additional terms and conditions contained or expressed within the Licensed Material itself from time to time, such additional terms and conditions shall prevail and shall apply to Your use of the Licensed Material.

Section 8 - Interpretation.

  1. This Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Licence.
  2. To the fullest extent permitted by applicable law, if any provision of this Licence is deemed unenforceable, it shall be automatically amended to the minimum extent necessary to make it enforceable and the remainder of the terms and conditions under this Licence shall remain in full force and effect. If the provision cannot be amended, it shall be severed from this Licence without affecting the enforceability of the remaining terms and conditions of this Licence.
  3. No term or condition of this Licence shall be waived and no failure to comply consented to unless expressly agreed in writing by the Licensor.
  4. Nothing in this Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
  5. You and the Licensor agree that any dispute or claim arising out of or in connection with this Licence and/or any Limited Licence shall be governed by and construed in accordance with the laws or Engalnd and Wales.
  6. You and the Licensor agree that the courts of England and Wales shall have exclusuive jurisdiction to settle any dispute or claim arising out of or in connection with this Licence and/or any Limited Licence.

TES Education Resources Limited

Multi-User Teaching Resource Licence

Your use of the Licensed Material (as defined below) is strictly subject to the terms and conditions contained in this Multi-User Teaching Resource Licence (this "Licence"). This Licence is a legally binding agreement between You and TES Education Resources Limited in relation to Your use of the Licensed Material. By using the Licensed Material, You confirm that You accept the terms and conditions under this Licence and agree to be bound by them. Please read the terms and conditions under this Licence carefully.

Section 1 - Definitions.

  1. Adapted Material means material subject to Copyright that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified. For the avoidance of doubt, all rights in any Adapted Material will be owned by the Owner (as defined below).
  2. Author means the creator of the Licensed Materials.
  3. Authorised Staff Members means the Staff Members (as defined below) to whom you grant a Limited Licence (as defined below).
  4. Copyright means copyright and database right which subsist in the Licensed Material.
  5. Effective Technological Measures means those measures that are taken to control unauthorised copying, transmission and use of any materials (such as encryption).
  6. Exceptions and Limitations means fair dealing and/or any other legal, statutory or common law exception or limitation to Copyright that applies to Your use of the Licensed Material.
  7. Licence has the meaning given in the preamble to this Licence.
  8. Licensed Material means the artistic or literary work, image, video or audio recording, database, and/or other material supplied to You by the Licensor (pursuant to its agreement with the Owner) for use under this Licence.
  9. Licensed Rights means the rights granted to You by the Licensor under this Licence.
  10. Licensor means TES Education Resources Limited, a company incorporated in England and Wales with company number 8835256 whose registered office is at 26 Red Lion Square, London WC1R 4HQ, United Kingdom.
  11. Limited Licence has the meaning given in Section 2(a)(5)(A)(a).
  12. Owner means the owner of the Copyright (and may or may not be the Author).
  13. Price means the price stated as being payable by You in connection with the Licensed Material at the time of Your completion of the procedure to purchase access to the Licensed Material through the Licensor’s (or its affiliate’s) website.
  14. Share means to provide the Licensed Material to the public (other than in accordance with Sections 2(a)(1)(B) or 2(a)(1)(C) only) by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  15. Staff Member means any other teacher, tutor, lecturer, teaching assistant or similar individual who Teaches Students at or for the same Educational Establishment as You.
  16. Student means any student, pupil, tutee or similar individual whom You Teach, and Students means more than one of them.
  17. Student Limit has the meaning given in Section 2(a)(6).
  18. Teach means to direct the learning, via a live (not pre-recorded) session, of an identifiable person or a limited group of identifiable people. Teaching has a corresponding meaning.
  19. Term has the meaning given in Section 6(a).
  20. Website T&Cs means the terms and conditions applicable to Your use of the Licensor’s and/or its affiliate’s websites (including without limitation those terms and conditions available here: https://www.tes.co.uk/content/terms-and-conditions and here: https://www.tes.co.uk/content/additional-terms-tes-resources, as updated from time to time.
  21. You means the individual or entity exercising the Licensed Rights under this Licence as the licensee. Your has a corresponding meaning.

Section 2 - Scope.

  1. Licence grant.

    1. Subject to the terms and conditions of this Licence, and in consideration of Your payment to the Licensor of the Price, the Licensor hereby grants You (pursuant to its agreement with the Owner) a worldwide, non-exclusive, non-sublicensable (save as provided under Section 2(1)(5)(A)(i) below), irrevocable (save as provided under Section 6 "Term and Termination", below) sub-licence to:
      1. use and reproduce the Licensed Material (in whole or in part, including as part of any Adapted Material) for Your own personal, non-commercial, private study or Teaching purposes only;
      2. use, reproduce and distribute the Licensed Material (in whole or in part, including as part of any Adapted Material) to Authorised Staff Members for their own personal, non-commercial, private study or Teaching purposes only and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(7) (Authorised Staff Member Limit);
      3. use, reproduce and distribute such Licensed Material to Your Students for Teaching purposes only without any right to Share the Licensed Material and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(6) (Student Limit); and
      4. create Adapted Material and use, reproduce and distribute such Adapted Material to Your Students for Teaching purposes only and without any right to Share the Adapted material, and subject in all cases to, and at all times in accordance with, Sections 2(a)(5) (Downstream Recipients) and 2(a)(6) (Student Limit).
    2. Notwithstanding the above and for the avoidance of doubt, You are not given the right to Share any of the Licensed Material and/or Adapted Material, except in accordance with the terms of this Licence.
    3. Exceptions and Limitations. For the avoidance of doubt, the terms and conditions of this Licence shall not apply to Your use of the Licensed Material to the extent that any Exceptions and Limitations apply to such use.
    4. Media, formats and technical modifications. The Licensor authorises You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to prevent You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For the purposes of this Licence, simply making modifications authorised by this Section 2(a)(4) shall not be deemed to produce Adapted Material.
    5. Downstream recipients.
      1. Limited Licence for Students You Teach and Authorised Staff Members.
        1. Subject to the Student Limit and Authorised Staff Member Limit set out in Section 2(a)(6) and Section 2(a)(7) respectively, You shall, and hereby undertake to, grant any Student and/or Authorised Staff Member that receives any Licensed Material or any Adapted Material from You, automatically at the time of receipt of such Licensed Material or Adapted Material (as applicable) by such Student and/or Authorised Staff Member, a limited, non-sublicensable licence to use such Licensed Material or Adapted Material (as applicable) for such Student’s and/or Authorised Staff Member's own personal, non-commercial private study or educational purposes only (a "Limited Licence"). You shall be responsible for ensuring the compliance of any Student and/or Authorised Staff Member who receives the Licensed Material or Adapted Material (as applicable) from You complies with the terms and conditions of this Licence to the extent applicable to them (including without limitation, in respect of Authorised Staff Members, Section 2(b)(2), Section 3(1) and Section 5 of this Licence).
        2. Notwithstanding the above and subject to Section 2(a)(6) (Student Limite), each Authorised Staff Member is permitted to issue a Limited Licence to the Students that they Teach in accordance with the terms of this Licence.
        3. Where Your right to use the Licensed Material terminates under Section 6(a), all Limited Licences granted by You shall also automatically terminate. Where Section 6(b) applies all Limited Licences shall be renewed in the same manner.
      2. No downstream restrictions. Without prejudice to any Effective Technological Measures subsisting in or with respect to the Licensed Material when supplied to You under the terms of this Licence, You may not apply any additional Effective Technological Measures to the Licensed Material.
    6. Student Limit. The number of concurrent Limited Licences You may grant under this Licence must be reasonable given the custom and practice for class sizes in the country in which You Teach and, in any event, You shall not grant more than 1,000 Limited Licences or otherwise distribute the Licensed Material or any Adapted Material to more than 1,000 Students (the “Student Limit”).
    7. Authorised Staff Member Limit. You are only permitted to grant 25 concurrent Limited Licences to Staff Members under this Licence (the "Authorised Staff Member Limit").
    8. Subject to the Authorised Staff Member Limit, You may vary the Authorised Staff Members from time to time during the Term of this Licence. When a Staff Member ceases to be an Authorised Staff Member, the Limited Licence applicable to them shall automatically terminate and You will procure the deletion and/or destruction of any such copies of the Licensed Material (including to the extent it is contained in any Adapted Material) made available to that Staff Member.
    9. If at any time during the Term of this Licence you move to a different Educational Establishment, or your association with your Educational Establishment is otherwise terminated, You will procure that the Authorised Staff Members at the Educational Establishment which you are leaving delete and/or destroy any such copies of the Licensed Material (including to the extent it is contained in any Adapted Material) made available to them.
    10. No endorsement. Nothing in this Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or any other persons designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. The Licensor and the Author waive any rights (including, to the extent applicable, moral rights) that they have in relation to the Licensed Material to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. In the event that the Author has moral rights in the Licensed Material which have not been waived, the Licensor agrees to notify You and provide You with the necessary details of that third party in accordance with Section 3(a)(i).
    2. Save as expressly set out in this Licence, this Licence does not confer on You any right to make use of the Licensor's, the Author's or the Owner's patents, trade marks and/or any other rights that they may hold from time to time.
    3. This Licence is not a grant of ownership in or to the Licenced Material or Adpted Material. Save as expressly permitted by the terms and conditions of this Licence, no other uses of the Licensed Material or Adpated Material are permitted and nothing shall operate to grant You any rights in or to the Licensed Material other than the Licensed Rights.
    4. For the avoidance of doubt, the Licensor may offer the Licensed Material to any third party under separate terms or conditions or stop distributing the Licensed Material to third parties at any time. 

Section 3 - Licence Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions:

  1. Attribution.

    1. If You use the Licensed Material as a Teaching resource, You must:
      1. display on or in reasonably clear connection with the Licensed Material the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the Author(s) of the Licensed Material and any other person or persons (e.g. of the Owner) designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Licence;
        4. a notice that refers to the disclaimer of warranties contained in this Licence; and
        5. URL or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications.
    1. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You use the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    2. If requested by the Licensor, You must (to the extent reasonably practicable) remove any of the information required by Section 3(a)(1 )(A) from Your copies of the Licensed Material within 30 days of receipt of the request.
  1. Payment of Price.

    1. You shall pay the Price to the Licensor upon acceptance of the terms and conditions of this Licence and in any event prior to You downloading the Licensed Material.
    2. Save for Your payment of the Price, the Licensor waives any right to collect royalties from You (or from those Students to whom You have granted a Limited Licence) for the exercise of the Licensed Rights. In all other cases, or in the event of any non-compliance with the terms or conditions of this Licence, the Licensor expressly reserves the right to collect such royalties.

Section 4 - Database Rights.

Where the Licensed Material is a database in which database rights subsist and are licensed in accordance with Section 2(a)(1):

  1. if You include all or a substantial portion of the contents of such Licensed Material in another database in which You have a database right, the other database in which You have a database right (but not its individual contents) shall constitute Adapted Material for the purposes of this Licence; and
  2. You must comply with the conditions set out in Section 3(a) if You make use of all or a substantial portion of the contents of the Licensed Material in any way.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Licence where the Licensed Rights include rights under other copyright (in addition to rights under any database right).

Section 5 - Disclaimer of Warranties and Limitation of Liability.

  1. To the fullest extent permitted by law, the Licensor offers the Licensed Material on a "as-is" and “as available” basis. The Licensor makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, freedom from viruses, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
  2. To the fullest extent permitted by law, in no event shall the Licensor be liable to You or any Student (including, without limitation, in negligence) for any direct, special, indirect, incidental, consequential, punitive, exemplary, economic or other losses, costs, expenses, or damages arising out of this Licence or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the fullest extent permitted by law, most closely approximates an absolute disclaimer and waiver of all liability.
  4. To the extent that the Licensor’s liability cannot be excluded or limited by law, in no event shall the total aggregate and cumulative liability to You for claims of any kind exceed the amount of the Price paid by You for the download and use of the Licensed Material.
  5. Notwithstanding any other section of this Licence, nothing in this Licence shall exclude or restrict the Licensor's liability for fraud or death or personal injury resulting from its own negligence or any other liability which may not by law be excluded or restricted.

Section 6 - Term and Termination.

  1. This Licence is effective from the time at which the Licensed Material is downloaded by You and shall continue to apply for the duration of the Copyright in the Licensed Material or the Adpted Material (as applicable). If You fail to comply with the terms or conditions of this Licence, Your rights under this Licence (including all Licensed Rights) shall terminate automatically without notice from the Licensor.
  2. Where Your Licensed Rights have terminated under Section 6(a), they shall be reinstated:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.

          For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for any breach by You of
          this Licence

  1. In accordance with the Website T&Cs, the Licensor shall be entitled to terminate this Licence with immediate effect on notice to you in the event that the Licensor in its sole discretion believes that the Licensed Material breaches or may breach the Website T&Cs for any reason.
  2. Upon termination of this Licence, You shall immediately cease to exercise all of the Licensed Rights, promptly delete and/or destroy any copies (whether electronic or physical, in whole or in part) of the Licensed Material (including to the extent it is contained in any Adapted Material) in Your possession and procure the deletion and/or destruction of any such copies of the Licensed Material (including to the extent it is contained in any Adapted Material) made available to those you Teach.
  3. Upon termination of this Licence, any and all Limited Licences granted by You shall also terminate.
  4. Sections 1, 5, 6, 7, and 8 shall survive termination of this Licence.

Section 7 - Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed in writing.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Licence.
  3. In the case of any inconsistencies between the terms and conditions of this Licence and any additional terms and conditions contained or expressed within the Licensed Material itself from time to time, such additional terms and conditions shall prevail and shall apply to Your use of the Licensed Material.

Section 8 - Interpretation.

  1. This Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Licence.
  2. To the fullest extent permitted by applicable law, if any provision of this Licence is deemed unenforceable, it shall be automatically amended to the minimum extent necessary to make it enforceable and the remainder of the terms and conditions under this Licence shall remain in full force and effect. If the provision cannot be amended, it shall be severed from this Licence without affecting the enforceability of the remaining terms and conditions of this Licence.
  3. No term or condition of this Licence shall be waived and no failure to comply consented to unless expressly agreed in writing by the Licensor.
  4. Nothing in this Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
  5. You and the Licensor agree that any dispute or claim arising out of or in connection with this Licence and/or any Limited Licence shall be governed by and construed in accordance with the laws or Engalnd and Wales.
  6. You and the Licensor agree that the courts of England and Wales shall have exclusuive jurisdiction to settle any dispute or claim arising out of or in connection with this Licence and/or any Limited Licence.

TES Education Resources Limited

Introduction

THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF TES GLOBAL LIMITED AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE WEBSITES LISTED HERE. USE OF THESE WEBSITES INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY TES GLOBAL LIMITED.

These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised. We will take reasonable steps to inform disabled users of any changes and the date of such changes to these Terms and Conditions.

Your continued use of the Services (as defined below) or the Website (as defined below) after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services  or the Websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.

The General Terms and Conditions apply to all users of the websites listed below. However, particular Services may also be governed by additional or alternative terms of service, which are set out in Additional Terms of these General Terms and Conditions and may also be provided separately, in which case please note that the General Terms and Conditions and any Additional Terms must be read together.

For institutions, corporations, public bodies or persons representing any of those, the General Terms and Condition and the Additional Terms for Institutions apply in all instances.

You should print a copy of these Terms and Conditions and any relevant Additional Terms for future reference. If you have any questions, please refer to our FAQs page.

Additional Terms apply to some of our Websites and/or Services, to view them please see the following:

What this means

This clause clarifies that by using our websites (listed in the next clause) you are entering into a legally binding agreement with us and you agree to comply with these TES Global Limited Terms and Conditions (as amended from time to time) when using our websites, as well as with any additional terms and conditions that apply to some of our services.