The brand new online platform offering free phonics resources, activities and games for parents, educators and children!

Terms of Use


Welcome to Phonics.com (the “Website”). This Website is owned and operated by Blake Education. If you have any questions relating to this Website, you can email us at contact@phonics.com.

So that you may fully enjoy our Website, we would like you to be aware of the following rules that govern your use of the Website.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

This User Agreement (the “User Agreement”) is a contract between you and Blake Education and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “Phonics.com”, “we” or “our” refers to Phonics.com as part of Blake Education.

Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Website.

Privacy Policy

Our general Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement. Please see Privacy Policy here: www.phonics.com/privacy

Links to Other Websites

Any other websites that link to this Website are not part of this Website and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links.

Register Your Interest and Public Materials

Some products, services, information and materials provided through this Website may be accessed and/or used by you without requiring registration (collectively, “Public Materials”).

Other products, services, information and materials provided by Phonics.com, require a “register your interest” in order to be accessed and/or used by you (collectively, “Member Materials”). There is no account; however these services will be accessed through email communication and/or mail. This User Agreement applies equally to the use and access of Public Materials and Member Materials.

Ownership of Intellectual Property and Restrictions on Use of Phonics.com Materials

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Games, Public Materials, Member Materials, and downloadable products, together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Phonics.com Materials”) are the property of Blake Education, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by copyright, trademark and patent laws throughout the world. Without limiting the generality of any other provisions of this User Agreement, the use of any Phonics.com Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use this Website, the Public Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Phonics.com Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Phonics.com Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Phonics.com Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Phonics.com, Blake Education; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Phonics.com, Blake Education or its licensors. (ix) Send or store infringing, obscene, threatening, or otherwise unlawful or tortious material that is harmful to children, or violates third party privacy rights.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. Blake Education keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

Blake Education has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. Blake Education (Phonics.com) may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Broadband Internet service, Windows: Internet Explorer 9, Firefox 4 or Google Chrome 14, Mac: Safari 5.1, Firefox 4 or Google Chrome 14, Screen Resolution : 1024x768, Flash Player: 10.56+. These requirements may change and such changes will be posted on this Website.

Downloadable PDF's and CAL Summary

Downloadable PDFS, SoundCards, Worksheets & Games may only be used by the Authorised User and the Authorised User and the Authorised User’s students, but only in conjunction with classes taken by the Authorised User.

The Authorised User may view and interact with the product, copy the product to back up or install it, display the product on an interactive whiteboard or through a projector to the Authorised User’s own students and make other copies of the Product, including printed copies, in accordance with Copyright Agency Limited’s payments preserved Terms and Conditions.

For clarity, except as provided above, this licence does not authorise the Authorised User to modify the product, make other copies of the product, including printed copies, over and above Copyright Agency Limited’s payments preserved Terms and Conditions (see below for full details), copy the Product onto any computer network (including any Learning Management System or portal site, incorporate parts of the Product into other presentations or onto other devices for distribution, make the product available to others , use the product or parts of the product in any presentation outside of the Authorised User’s own classes within their own educational institution and copy the product into a different format than that provided.

Copyright Agency Limited & the statutory licence:

The Authorised User may be able to rely on provisions in the Copyright Act 1968 (Cth) to use this Product in some of the ways listed in the green box. For example, under Part VB of that Act, a person may use a “reasonable portion” of a textual work for educational purposes, and all of an image (such as an illustration or photo) that illustrates or accompanies text that is being used.

This licence does not extend to any use that is permitted by Part VB or any other provision in the Act (as these uses are already permitted by legislation). This licence does grant such additional rights as are necessary for the Authorised User to use this Product in any of the ways listed in the green box in the Summary of this licence.

Amongst other things, this means you will need to ensure that copying or communication of the materials in this Product are included in any survey or other record forms provided to Copyright Agency Limited (including any you may need to fill in during an Electronic Use Scheme survey), and the Publisher or other rights holder may be entitled to receive income for such use, to the extent that that use is covered by the Act and not this licence. The amount of the Fee takes this into account and does not include a component for uses covered by the Act.

User Content

Certain areas of this Website will permit you to send to Blake Education text, information and other submissions. Blake Education values your feedback on this Website, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Phonics.com or otherwise posted on this Website shall be deemed to be, and shall remain, the property of Blake Education. You shall be deemed to have irrevocably assigned in perpetuity to Blake Education free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, Blake Education shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Blake Education, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.

You are responsible for all User Content posted by you. BLAKE EDUCATION HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Blake Education retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

User Code of Conduct

The Website is provided by Blake Education and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Email Communications

By supplying your email address upon registration to Phonics.com you consent to receive promotional and or program update emails from Phonics.com and The Pascal Press Group of companies. You may opt out of these emails at any time by following the specific opt out instructions within the communication we send.

Disclaimers

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BLAKE EDUCATION AND THE PASCAL PRESS GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

BLAKE EDUCATION AND THE PASCAL PRESS GROUP DO NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH OUR CUSTOMER SERVICE DEPARTMENT OR SALES REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, BLAKE EDUCATION AND THE PASCAL PRESS GROUP DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, BLAKE EDUCATION AND THE PASCAL PRESS GROUP DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU. IF YOUR USE OF THIS WEBSITE OR RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BLAKE EDUCATION AND THE PASCAL PRESS GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF PHONICS.COM MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF BLAKE EDUCATION AND THE PASCAL PRESS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NEITHER BLAKE EDUCATION AND THE PASCAL PRESS GROUP IS RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF BLAKE EDUCATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE READING EGGS MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, BLAKE EDUCATION DO NOT SEEK TO LIMIT THEIR LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY BLAKE EDUCATION AND THE PASCAL PRESS GROUP’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES.

Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF BLAKE EDUCATION (PHONICS.COM), AND THE PASCAL PRESS GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER OF THE GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH READING EGGS IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Complaints

Please contact us if you have any complaints about the Blake Education (Phonics.com) product and we will endeavour to assist you.

Final Note to Parents

The Internet offers a world of wonderful new learning opportunities for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to ensure responsible online practices will help your children use only appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

This website is published by Blake Education

By using this website, you agree that the Terms of Use and the Privacy Policy shall be governed in accordance with the laws of New South Wales, Australia and the laws of Australia as applicable, and you submit to the jurisdiction of the New South Wales courts.