Additional Terms – Tes Resources and Tes Teach (formerly Blendspace)

last updated
March 7, 2018

Last updated: September 2016

Please note that sentences in italics are not legally binding.

Introduction

These Additional Terms govern your use of the Tes Resources platform, website, Tes Teach and related services (“Tes Resources”) and should be read in conjunction with our General Terms found here.

Please read both these Additional Terms and the General Terms carefully before using any part of Tes Resources. By using Tes Resources, you confirm that you accept the General Terms and these Additional Terms and that you agree to comply with them. Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.

These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in each of the foregoing) represent the entire agreement between us and you. In the event of a conflict between the General Terms and the Additional Terms, these Additional Terms shall prevail over General Terms.

Tes Education Resources Ltd (“Tes Education Resources”) is the operator of Tes Resources and references to “we”, “us” or “our” in these Additional Terms refer to Tes Education Resources. Tes Education Resources is the entity you contract with for the purposes of these Additional Terms and, where not otherwise disclaimed or noted, is responsible for the Tes Resources website content. For the avoidance of doubt, this clause does not affect any disclaimer or limitation of responsibility or of liability in the General Terms. The General Terms should be read as applying between you and Tes Education Resources in addition to their application to the relationship you have with Tes Global Ltd.

Without prejudice to our powers under the General Terms, you agree that Tes Education Resources at its sole discretion, without notice to you, may terminate or amend the General Terms or these Additional Terms at any time.

What this means

Certain terms and conditions apply to your use of Tes Resources. Please read them carefully as they form an agreement between you and us.

Your User-Uploaded Content

You represent and warrant that: (i) you have the right to upload Content to Tes Resources and grant the rights set out in the licences herein (ii) either you own the intellectual property rights in and to the User-Uploaded Content uploaded by you or you are acting as an agent for those who do (and whosoever downloads your content adheres to any licences referenced herein, will not infringe the rights of any third parties) and (iii) any User-Uploaded Content you upload to Tes Resources is compliant with both these Additional Terms and the General Terms.

Please note that User-Uploaded Content should not contain any content which has been copied, in whole or in part, from third party materials without the consent of the third party owner. Any such use of third party materials may amount to copyright infringement.

In the event that you remove your User-Uploaded Content from our Websites, from the date of the removal, the licence(s) granted by you in these Additional Terms will be deemed to have been terminated (save as otherwise provided herein).

Please note that people who have downloaded or otherwise made use of your User-Uploaded Content prior to its removal, or your re-license under an alternative licence, will continue to have those rights that you granted to them at the time of their purchase and/or download of the relevant User-Uploaded Content, or such rights as we have granted under the Teaching Resource Licence. In the case of Premium Content (as defined below), any removal or re-license cannot affect existing re-licensing to users by TES. Any deletion or re-license shall simply remove Tes Education Resources’ right to make further sales of said materials under the Teaching Resource Licence after the time of such action taken by you; it shall not affect our right to continue to make such Premium Content available to users who purchased it prior to your removal of it or change of the terms on which it is licensed.

The licence granted to users who have downloaded content from the Websites prior to use of the Creative Commons or Teaching Resource Licence over such content is on identical terms to the licence granted to Tes Education Resources described below in these Additional Terms, except that additionally the moral rights of the author have been waived.

What this means

You should only upload your own content to Tes Resources. If you remove your content from Tes Resources, people who have already downloaded it will still be able to use it.

Infringing User-Uploaded Content

In the event that we discover that User-Uploaded Content in use by you infringes the rights of any third party and notify you of this, you are required to, and undertake that you shall, immediately cease all use of the infringing Content, promptly delete and/or destroy any copies of such infringing Content and procure the deletion and/or destruction of any copies of it that you have made available to others. You may be entitled to a refund for your purchases of any Premium Content (as defined below) as detailed in the refund policy below.

What this means

If we tell you that content you’re using on Tes Resources infringes someone else’s rights, you must stop using it and destroy any copies you have.

Third party comments

When you contribute User-Uploaded Content to Tes Resources, community engagement means that you may receive comments (whether positive or negative) from other people about your Content. Please try to engage constructively with other people in respect of any such comments. We do not monitor or moderate any comments, but if you believe any comments posted by a third party are in breach of the General Terms or these Additional Terms please report them to us using our complaints procedure set out here.

What this means

If you feel that someone has posted comments about your content that breach our terms and conditions, please report it.

Use of content you upload

When you upload User-Uploaded Content to Tes Resources to be shared for free, you will (assuming you are the owner of the content) retain all intellectual property rights in such content. This means that you will be able to modify or remove your User-Uploaded Content as you wish.

To enable us to provide our Services and host your User-Uploaded Content, we require a licence to use the content that you upload to our Websites. Similarly, third party users of Tes Resources will require a licence from you to enable them to make use of your User-Uploaded Content. This content is in two categories, a) User-Uploaded Content uploaded as distinct files, largely for the purpose of sharing teaching resources and b) all other content that you upload (primarily comments and forum posts).

Category "a" content

In respect of content in category "a" above, the licence you grant us and each of our affiliates is non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below). This means that we can use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or incorporate it in other works in any form, media, or technology.

To enable third party users of Tes Resources to download and/or otherwise use such User-Uploaded Content, you need to apply one of our "upload" licences to your User-Uploaded Content (which governs the use of your Content by a third party). We may change the range of licences available at our discretion from time to time.

For the avoidance of doubt, nothing in these Additional Terms should be read to suggest that we may not make use of your materials in accordance with the applicable "upload" licence. We may then apply licences to the User-Uploaded Content as though we were any other user downloading your User-Uploaded Content (e.g., if the applicable "upload" licence is wider than the licence granted to us above).

Category "b" content

In respect of content in category "b" above, you grant us and each of our affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate into other works in any form, media, or technology.

What this means

You’ll still own the intellectual property rights to any content you share on Tes Resources, but you’ll allow us, and others, to use it.

Use of your Premium Content

When you upload User-Uploaded Content to Tes Resources to sell ("Premium Content"), you will, or those you act as an agent for will, (if you/they are the owner of all intellectual property rights in and to the Premium Content) continue to own all intellectual property rights in and to that Premium Content. You are able to modify or remove your Premium Content as you wish.

To enable us to provide the Services and host your Premium Content we require a licence to use the Premium Content that you upload to our Websites.

You grant us and each of our affiliates a non-exclusive, sub-licensable, fully paid-up, royalty-bearing (in accordance with the clauses below), worldwide, perpetual and irrevocable (save as set out herein) licence to use, reproduce, publish, sell, distribute and display your Premium Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology. 

You grant us all necessary rights to sell your Premium Content to other users of the Websites under the Teaching Resource Licence (see below) and to make that licence effective.

Premium Content shall be made available to users or institutions under licence. There shall be no outright transfer of title or ownership in any such Premium Content. As a user, the licence terms that apply to the Premium Content that you purchase shall be those terms set out in the Teaching Resource Licence, as amended or updated by us from time to time and marked for your attention at the time of your purchase and/or download of the Premium Content.

What this means

You’ll still own the intellectual property rights to content you sell on Tes Resources, but you’ll let us, and others, use it.

Buying Premium Content

As a user, by purchasing the Premium Content, you accept and agree to be bound by the terms of the Teaching Resource Licence.

Tes Education Resources will generally make Premium Content that you purchase available for download by you for an indefinite period after purchase; however, we provide no ongoing guarantee of this (please see the General Terms for more details). We strongly recommend you promptly download and save onto you own equipment any Premium Content you purchase. Tes shall have no liability for, or duty to replace, lost, damaged, or destroyed downloads.

You agree that the Teaching Resource Licence (and any dispute or claim arising in connection with it or its subject matter or formation) shall be governed by and construed in accordance with the laws of England and Wales.

Further, you agree that (save as otherwise expressly provided in our take-down policy) any dispute or claim arising in connection with the Teaching Resource Licence or its subject matter or formation shall be adjudicated exclusively by the Courts of England and Wales (save that we may enforce any judgment of such Courts, where required, in courts in any other jurisdiction in which you are located).

What this means

By buying content on Tes Resources you’re agreeing to the Teaching Resource Licence. You should download and save the content you buy straight away.

Royalty payments

All sales of Premium Content are subject to our refunds policy detailed below.

As consideration for your grant of the licence to use your Premium Content set out above, Tes Education Resources agrees, subject to, and only upon your fulfillment of, the Royalty Conditions set out herein, to pay you, or procure that you are paid, a royalty, details of which can be found [ insert link ].

For the purposes of these Additional Terms, the “Royalty Conditions” are as follows:

  1. Once logged in to your account, to withdraw your royalties, you must select the "Uploads" tab of your "My Resources" page and elect to "Withdraw" by clicking the button so named. Once you have taken such steps as are required to allow us to process the payment, we will process your royalty request and make any final payment to you on the condition that:
  1. The estimated royalty amounts payable to you is at least £10.00 or, where denominated in United States Dollars ("$"), it is $10.00.From time to time additional currencies may be added with limits set for each currency.
  2. You have not breached any of these Additional Terms or the General Terms, including in particular the representations and warranties made by you in these Additional Terms.
  3. The Premium Content to which your estimated royalties relate has not been withdrawn from TES Resources by us as a result of copyright infringement, or receipt of any complaint or takedown notice.
  4. We have not paid any refund to any third party purchaser of your Premium Content downloaded through TES Resources as a result of dissatisfaction with its purchase.
  5. You have not made more than one such request in any one week (from 0:00 GMT/UTC on Sunday - 23:59.59 GMT/UTC on Saturday). 

We reserve the right to make reasonable and proportionate adjustments to the amount of any final royalty payable to you as a result of any failure to satisfy the foregoing conditions.

  1. Upon satisfaction of the foregoing conditions, the final royalty amounts, as calculated by us, shall be paid direct to your bank account or PayPal account, net of any deductions or withholdings for or on account of tax if  required, within five (5) business days when you click the “Withdraw to my bank” button. As long as you have a minimum balance showing in your dashboard (the minimum balance can be found at [insert link]), you can withdraw it straight to your bank account or PayPal account. You are limited to one withdrawal per week. 
     
  2. TES may display (in your profile/account homepage) an amount reflecting the estimated gross aggregate amount of the estimated royalties (inclusive of VAT, but not any sales taxes imposed by any United States state or federal law, where applicable) that may become payable to you upon satisfaction of these Royalty Conditions. For the purposes of calculating such amounts, you accept and agree that we may choose not to take into account your most recent sales. These amounts displayed are estimates only and are provided without representation or warranty as to accuracy or reliability, and they do not constitute any form of promise or assurance as to the payment amount you may eventually receive. Until the foregoing conditions are met, any estimated amounts displayed shall remain provisional and Tes shall have no liability to pay you, and you shall have no entitlement (contractual or otherwise) to receive, any royalties whatsoever in connection with any sales of Premium Content uploaded by you to Tes Resources.

The sale value of your Premium Content shall be set by you at the point of upload, subject to a minimum price. Any item of Premium Content that is priced by you for sale shall be listed at that price without further action required by us (although we reserve the right to make appropriate price adjustments at a later time). We are under no obligation to agree to sell a resource at any specific sale value or at all.

You accept and acknowledge that this agreement creates no expectation of any specific level of sales or remuneration for any given Premium Content. You further agree that the only way in which you may claim this remuneration is through the Tes Resources website and the payment mechanisms made available by Tes Education Resources from time to time. You waive any right to require payment by any other mechanism and accept that no other debt arises under this agreement.

This agreement applies separately to, and in respect of, each item of Premium Content you upload and any estimated royalties that accrue are calculated on a per-item basis, regardless of whether we make any payment to you in respect of sales of multiple separate items of Premium Content in a single transaction or as a single lump-sum.

What this means

When you sell content on Tes Resources we’ll pay you royalties, according to our Royalty Conditions.

Taxation and the nature of your contract with us

You are solely responsible for payment of any taxes, or making of any filings, required in relation to your royalties. Any information regarding royalties provided by us does not constitute tax advice and should not be relied upon as such.

This agreement does not constitute an employment relationship, or partnership, between the parties.

If you are registered for UK VAT, you agree to enter into a UK VAT compliant self-billing agreement with us (for a modal agreement see here). Subject to us holding a valid self-billing agreement we will issue a self-billing VAT invoice on your behalf at the point you request payment of royalties in the form of either a cash payment or charitable donation.

No other statements of expected, anticipated or provisional royalties, whether by email or on our Websites, provided by us constitute a VAT invoice. All amounts detailed on these Websites are inclusive of VAT, where applicable (but not any sales taxes imposed by any United States state or federal law, where applicable). You are solely responsible for your own indirect and direct tax filing and payments.

What this means

When you receive royalty payments you’re responsible for paying any tax due on them.

Purchasing Tes Credit

When you buy credits from us for use on our Tes Resources platform ("Tes Credits"), your purchase of those Tes Credits represents prepayment for the Premium Content on which you spend your Tes Credit. Tes Credit is redeemable at the same value (in local currency) as displayed from time to time (e.g. each£1 of Tes Credit may be redeemed for £1 of resources for sale on our Websites), but Tes Credit itself has no inherent value and is non-transferable, non-refundable and not interchangeable with any other account balance held with Tes including, but not limited to, any estimated royalties to be paid to a user who uploads Premium Content. For the avoidance of doubt, Tes Credit is not intended to constitute any form of deposit, "E-Money" or a "Payments Service" and is only redeemable against the purchase of Premium Content available on our Tes Resources platform.

Where more than one item of Premium Content is purchased at the same time using Tes Credit, each item of Premium Content is used under a separate licence and amounts to a separate transaction. The purchase of Tes Credit and the purchase of any licence to use Premium Content are also separate transactions.

We reserve the right to terminate Tes Credit two years after purchase in the event that we deem, at our sole discretion, that the account to which the Tes Credit relates has become inactive. Where Tes Credit terminates under this section, it ceases to have any value and can no longer be redeemed. Where accounts are closed or suspended for breach of these Additional Terms or the General Terms, we reserve the right to terminate Tes Credit early or, in the case of suspension, limit your ability to access or use any Tes Credit you have bought.

All prices quoted on Tes Resources, whether in cash terms or as Tes Credit, including prices for Tes Credit, are subject to change at any time without notice to you.

Any amounts paid to us in exchange for Tes Credit will be inclusive of VAT, where applicable. A VAT invoice (if applicable) will be issued to you at the time credit is issued. You are solely responsible for your own indirect and direct tax filings and payments.

We reserve the right to limit from time to time the amount of Tes Credit you can purchase and redeem in the Tes Resources platform within twenty-four (24) hours or hold in your account balance in total. Generally, you will not be permitted to (i) purchase and redeem, within any twenty-four (24) hour period, Tes Credit worth more than the lesser of GBP £1,000 (or equivalent in local currency as calculated at that time); or (ii) held in your Tes Credit account balance at any time a redeemable amount of Tes Credit in excess of the lesser of GBP £1,000 (or equivalent in local currency as calculated at that time).

What this means

By buying Tes Credits you’re making a prepayment for content. We can’t transfer or refund Tes Credits.

Termination or suspension of your account

Without prejudice to our powers under the General Terms, you agree that Tes Education Resources at its sole discretion, without notice to you, may: (i) terminate any person’s account (in which case that person will remain liable for all amounts due under their account up to and including the date of termination); and/or (ii) limit any person’s access to Tes Resources (or any part thereof), and seek any other lawful remedy available.

What this means

We may stop your account or limit your access to Tes Resources at any time.

Refunds Policy

All sales of Tes Credit are subject to our refunds policy detailed below.

By proceeding with any purchase of Premium Content or Tes Credit, you agree that we or our affiliates shall immediately supply such Premium Content or Tes Credit to you for your use, download or access in accordance with the terms and conditions of this agreement. You accept and acknowledge that you shall have no right to cancel your purchase or withdraw from or terminate your contract with us once your order has been placed. All sales shall be final and no refunds will generally be available.

Notwithstanding the foregoing policy, we may grant refunds in exceptional circumstances at our sole discretion. If you wish to discuss an exceptional refund please contact us at help@tesglobal.com.

For instance, if you purchase an item of Premium Content and it is subsequently brought to our attention that the relevant item of Premium Content may be in breach of our terms and conditions (e.g., it contains copyright-infringing materials) and we have to terminate your purchase and revoke your right to continue using that item, in those circumstances you may be entitled to an exceptional refund of your purchase provided, however, that:

  1. You agree that where refunds are given, regardless of whether the purchase was made with Tes Credit or as a one off transaction for a cash amount, the value refunded shall be refunded in Tes Credit or a discount code in some circumstances, which shall be credited to your account as though purchased at the time of refund.
  2. You comply with the rest of our Additional Terms and General Terms.
What this means

As a general rule, we don’t make refunds for content bought on Tes Resources. Please contact us if you wish to discuss a refund.

Limitations of liability and indemnity (for certain large-scale business users)

Tes Education Resources acts merely as a hosting platform for any User-Uploaded Content. User-Uploaded Content is licensed directly from user to user under the terms of the "upload" licence used by the owner of the User-Uploaded Content, or such other licence as has previously been applied.

You accept that neither Tes Education Resources, nor any of its affiliates, guarantees to review User-Uploaded Content. Our acceptance of any uploaded file does not represent a guarantee of its suitability, sale-ability or confirmation that it complies with these Additional Terms or the General Terms.

Only if you use our Services to conduct business on a large scale do we ask you to give us some additional protections. If a) you are (or become) VAT-registered; or b) we have paid you more than £10,000 income in the past 12 months; or c) you are acting for or on behalf of a corporation, company, partnership (of limited liability or otherwise) or Institution, then you agree to fully indemnify, defend and hold Tes Education Resources, Tes Global Ltd, each of their respective affiliates and the directors, officers, employees and agents of each of the foregoing (“Tes Indemnified Persons”) harmless, on demand, from and against any and all liabilities, losses, costs, claims and expenses (including reasonable lawyers' fees) incurred by any Tes Indemnified Person arising out of or in connection with (whether directly or indirectly) your breach of: (i) these Additional Terms and/or the General Terms (ii) any applicable law or regulation, and/or (iii) the rights of any third party in or to the User-Uploaded Content uploaded by you or on your behalf.

What this means

We don’t guarantee the suitability or quality of content on Tes Resources. If you’re a large scale business user you must protect us against any losses we may suffer as a result of your use of Tes Resources.

Tes Resources Backup

If you use 'Resource manager tool for authors' for downloading resources from a third party website (one that is not affiliated with Tes), then you acknowledge and accept that: (i) we are not associated with that third party or the products or services that they offer; and (ii) it is your sole responsibility to ensure that you comply with that third party's terms and conditions.

What this means

'Resource manager tool for authors' allows you to download materials that you've uploaded to Tes Resources.