By accessing, purchasing, and downloading resources from stayingcoolinthelibrary.us, you agree to the following:
RESOURCES WILL NOT BE SHIPPED
The resources in the shop are digital products. They will be available to you as an instant download. Products are NOT hard good and will not be physically mailed to the customer. The customer is responsible for printing and assembling the resources.
REFUNDS/EXCHANGES
Due to the digital nature of the resources, they are not eligible for a refund. Even though refunds are not offered, we are willing to do our best to make you a happy customer. Please email us at kathy@stayingcoolinthelibrary.us with any questions and concerns.
Terms of Use
Copyright © Staying Cool in the Library, LLC. All rights reserved by author. All resources and products include a single-use license. This means the product or resource is to be used by the original purchaser only. Copying for more than one teacher or classroom, or for an entire department, school, or school system is prohibited. If any other educators would like to use the products or resources, they must purchase their own copies from the website. Resources or products may not be distributed or displayed digitally for public view, uploaded to school or district websites, distributed via email, or submitted to file sharing sites. Failure to comply is a copyright infringement and a violation of the Digital Millennium Copyright Act (DMCA). Intended for single classroom and personal use only.
If you are NOT the original purchaser/downloader, you must make your own purchase/download from us and then download the materials for your students.
Please note: You may use the products or resources with all of your classes and students. Example: if you are in a library and have 400 students, you may use the product or resource with all of your students. If you have 20 classes you may use the product or resource with all your classes.
Can I use your products on digital platforms?
Staying Cool in the Library resources can be shared in closed, private, online classrooms/platforms such as Google Classroom, Canva, Teams, and SeeSaw. We ask that you extract the pages you need from the file and not post the file in its entirety and that you remove the resource when you are done using it.
My resources CANNOT be shared on public platforms like school or district websites, or public forums like Facebook Groups.
Can I share your resources with a colleague?
No. My resources are for one classroom, household or library only.
Terms of Use for Google Digital Products
The purchase of this Google Digital Product by Staying Cool in the Library includes a limited license for your classroom or library use. You may utilize this resource for each of your students.
The product may not be copied and distributed outside the scope of your classroom or library.
The product may not be uploaded to the internet or stored in a public retrieval system outside the scope of the project itself.
The Google apps templates included in the resource may not be used to create something new, and or, distributed in any way without written consent from the author, Kathleen Cool.
CUSTOMER INFORMATION
When making a purchase, your name and email will be added to the Staying Cool in the Library email list. This is so we will able to give you access to future updates of your products. You will also receive other informational and promotional emails. You may unsubscribe at any time.
All orders are processed using a secure server (SSL). Staying Cool in the Library, LLC does not store any payment information on their servers. Any payment information you choose to save for future purposes will be stored on third party gateways (such as Stripe or PayPal) on their secure servers. Staying Cool in the Library, LLC is not responsible for your payment information.
PDF/ZIP FILES
Please ensure you have the programs needed to use any resources before completing your purchase. Be sure your PDF reader is up to date, as out of date PDF readers can cause printing and other issues.
THANK YOU FOR BEING A VALUED CUSTOMER! WE APPRECIATE YOU!
If you do not agree with these TOU, you may not use the resources.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Staying Cool in the Library, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors and assigns (collectively “the Company”, “we” or “us”); (ii) any Company volunteers; (iii) Kathy Cool.
Users
The Resources are intended and only suitable to be purchased by individuals aged 18 and above. Some of the Resources may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
Payments and Refunds
All purchased resources are delivered electronically. When placing an order, you agree that any and all information you give us is accurate and complete. All orders are subject to acceptance. All prices listed on the Company’s Shop are correct at the time of entering the information, however, the Company reserves the right to change prices of any product at any time. The total price of your order will be displayed prior to your purchase confirmation.
Discount vouchers, codes and offers cannot be used on previous purchases or sale/ already discounted products unless otherwise stated.
The Company may offer a variety of payment methods to pay for purchases, such as a credit and debit card, Stripe or PayPal. We only accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
When you purchase any Resources from the Company, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. The Company is not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
Your satisfaction with the Resources is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Resources, all sales are considered final and nonrefundable once an order is submitted.
If you are dissatisfied with your purchase or download, please contact us at kathy@stayingcoolinthelibrary.us and we will do our best to assist you.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Resources, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.
Intellectual Property Rights
Ownership of the Content
All intellectual property, which includes but is not limited to, the words, texts, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Resources, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
The Company’s Limited License to You:
If you view, purchase, download, or access any of the Resources or Content, you will be considered our Licensee. For the avoidance of doubt, you, and only you, are granted a revocable, limited, non-transferable, non-sublicensable license for only non-commercial and educational use, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Resources or Content for your one classroom or one household, for educational purposes only which includes, but is not limited to, providing the Resources or Content to classroom aides, substitute teachers, and classroom observers as needed.
The Company’s Resources may also be purchased on third-party sites such as TeachersPayTeachers.com. You may purchase a license, along with our Resources, on our website or on TeachersPayTeachers.com. If you purchase a license on TeachersPayTeachers.com, you will be subject to separate fees and TeachersPayTeachers.com’s terms and conditions as well as these TOU.
You may not republish, create derivatives, reproduce, perform, reverse engineer, translate, duplicate, sell, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Resources or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Resources or Content for one classroom or one household use, you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Resources or Content shall constitute infringement.
You must receive our written permission before using any of the Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Resources or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed or the removal of said trademarks, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Use of Free Downloadable Content
The Company provides various Resources and Content which users may access in exchange for providing an e-mail address. The Company grants you a limited, non-transferable, revocable, one classroom or one household license to use the Resources provided in exchange for an email address (“Free Content”) for your own educational use.
Except as otherwise provided, you acknowledge and agree that you may not republish, reproduce, perform, reverse engineer, create derivatives, translate, duplicate, sell, disclose, distribute to teachers, schools, or district websites that would make our Resources and Content available and accessible to the general public, friends, family, or any other third party, or otherwise use any material from the Resources or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Content for one classroom or one household use, you in no way assume any ownership rights of the Content – it is still Company property. You further agree that you shall not create derivative work based on the Free Content and shall not offer any competing products or services based upon any information contained in the Free Content. Any unauthorized use of any materials found in the Resources or Content shall constitute infringement.
Unauthorized Use
Your use of any materials found in the Resources or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Resources in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Resources, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Demonstrate or communicate disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse.
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from the Resources with anyone else
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website such as facebook.com, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your use of the Resources and your access to the Content.
Username and Password
For users who would like to create an account on the Company’s website, you will need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Resources or any Content, in whole or part, without notice. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
Termination
The Company reserves the right in its sole discretion to refuse or terminate your access to the Resources and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the Resources or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Resources and its Content will still apply now and in the future, even after termination by you or the Company.
