MyFolens Terms of Use

Folens Publishing Company Unlimited Company (“Folens”) is a registered company at Hibernian Industrial Estate, Greenhills Road, Tallaght, Dublin 24.

Access to, and use of, the MyFolens website is subject to our Terms of Use, so please read them carefully. These may change from time to time. Accessing and using this website means that you agree to abide by these terms, so if you do not wish to be bound by them, please do not use the website.

Copyright

Folens owns and operates this site and unless stated otherwise, all information and rights belong to Folens and are protected by copyright and trademark laws. We reserve all rights to such information that is available on this site.

You may access the site and use the information held within the site solely for educational purposes. You may not copy, reproduce, republish, modify, adapt, upload, post, transmit or distribute information held within this site in any way except as expressly provided in these Terms of Use. You may not delete or modify information or use information for any unauthorised purpose as this is a violation of our copyright, trademark, and trade secret rights and others' proprietary rights.

You are not permitted to remove or amend any trademark, copyright, or other proprietary notice on any of our products. You acknowledge that all rights in, and to, all copyrights, know-how and other intellectual property rights relating to our products are and shall remain our property (or the property of our third-party licensors). You will not at any time do, or cause to be done, any act or thing which impairs or infringes those rights.

The content used from this site is licensed to you by us on a non-exclusive, non-transferable, non-sub licensable basis. Title to the content is not transferred to you. You may not redistribute, sell, decompile, reverse-engineer or disassemble the site or the content held within the site or otherwise attempt to derive the source code of the software and infrastructure that enables or underlies the services provided by us.

Users outside of the Republic of Ireland are not able to access this material due to copyright restrictions.

Registration

If you choose to register with us, you agree to provide only accurate, complete registration information, and you further agree that you will notify us of any changes to that information. You must register using your real name. Access to the site and related services is not authorised by any other person or entity using your registration details and you are responsible for preventing such unauthorised use. You shall be responsible for all activity occurring under your registration details and account, and shall abide by applicable laws, rules, and regulations in connection with your use of the services offered via the site, including those related to data privacy and the transmission of technical or personal data. You shall immediately notify us of any unauthorised use of your registration details and/or your account with us.

Disclaimers and warranties

Folens take every reasonable measure to maintain high quality content within this website. However, we do not make any representation or give any warranty or undertaking as to quality or fitness for purpose, or that the content within this site is not defamatory, injurious, obscene or unlawful, or that any trademarks or copyright used on or in connection with the site do not infringe any intellectual property rights not owned by us.

We do not make any representation or give any warranty or undertaking that the functions of the web site meet your requirements or that the media is compatible with any computer system on which it is used or that the operation of the software will be unlimited or error-free. In no event shall we be liable for any damages whatsoever arising out of the installation or use of any third-party software that you use to view the website. You assume responsibility for using the site and related content to achieve your intended results and for the use of, and results obtained from, the site.

Save to the extent excluded by law, Folens shall in no circumstances be liable for any consequential, indirect, or special loss or damage (including without limitation loss of business or loss of profit) howsoever arising whether in contract negligence, other tort or otherwise.

Save to the extent excluded by law, the total aggregate liability of Folens, whether in contract, tort or otherwise in connection with the Licence, shall in no circumstances exceed €100.

You represent and warrant that you will not use the site for any unlawful purpose and that your use of the site does not constitute or give rise to a breach of any applicable law. Without in any way limiting the foregoing, you further represent and warrant that you shall not use the site for the following purposes:

transmission, uploading, linking or posting to the site of, or otherwise making available, any material which constitutes or encourages the commission of a civil or criminal offence, or which infringes any intellectual property rights or similar rights of any person;
transmission, uploading, linking, or posting to the site of, or otherwise making available, any obscene, indecent, pornographic, defamatory, offensive, or abusive material, or any content or information that is unlawful, harmful, threatening, harassing, vulgar, deceptive, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
attempting to gain access to secure portions of the site to which you do not possess access rights;
use any automatic or manual process to search or harvest information from the site or services, or to interfere in any way with the proper functioning of the site or services;
transmission, uploading, linking, or posting to the site, or otherwise making available, any material which contains a virus or other hostile computer program or running any applications that could lead to a modification of the physical or logical structure of the networks being used;
spamming or any other form of commercial advertising or marketing;
deep linking and aggregating by use of any robot, spider, or other automatic device or manual process to monitor or copy pages or the content contained on the site

You agree to keep secret and not disclose to any other organisation any password or authentication code which we may give to you and to use it only for the authorized purpose communicated to you by us.

Licensing

Your access to content on MyFolens is based on the booklist purchases and Digital Subscriptions that you and / or your School has purchased. We reserve the right to revoke such access when the relevant licence has expired. Use of Paid Digital and Digital Subscriptions is subject to further Terms and Conditions per the Folens Software Licence Agreement.

Indemnification

You agree to indemnify, keep indemnified, defend and hold harmless Folens, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees) arising from:

your use of and access to the site, the content and the services;
your violation of any of these terms and conditions;
your infringement of any third party right, including without limitation any copyright, property right or privacy right;
any claim that your Uploaded Content (as defined below) caused damage to a third party.

These indemnification and defence obligations will survive termination or expiry of these Terms of Use.

Uploaded Content

From time to time you may have the ability to upload images, photos, graphic designs, documents, worksheets, data, presentations and/or other types of content as well as links to other sites to the site, which will be available for you to access via your account. You shall be solely responsible for your Uploaded Content and the consequences of uploading such content.

In connection with your Uploaded Content, you affirm, represent and warrant that:

you alone have the necessary licences, rights, consents and permissions to use and upload your Uploaded Content to enable the use of your Uploaded Content in the manner contemplated by Folens Publishers services and the site; and
you have the written consent, release, and/or permission of each and every identifiable individual person in your Uploaded Content to use the name or likeness of each and every such identifiable individual person to enable the uploading and use of your Uploaded Content in the manner contemplated by the services and these terms and conditions.

We do not claim ownership of any of your Uploaded Content. You retain all of your ownership rights in your Uploaded Content. However, you hereby grant to Folens a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right to use, copy, transmit and display your Uploaded Content solely to the extent necessary for us to provide the services to you.

Folens does not condone copyright infringing activities and infringement of intellectual property rights. Folens will remove your Uploaded Content if properly notified by a third party that your Uploaded Content infringes its intellectual property rights.

Links to Other Sites

You may find links from the site to independently managed world-wide web servers whose content we have found of possible interest to users of this website. Whilst we have visited the sites to which we are linked, we cannot control the content that may appear on these sites or any attachments to them and so we make no warranty or representation regarding any linked sites.

You may also obtain goods and services from third parties which may be accessed through links on the site. We exclude liability for any errors, omissions or inaccuracies in such material, information and in respect of goods and services provided by such third parties. Unless otherwise specified, we are not selling or offering for sale any goods or providing any services of such third parties nor are we acting as their agent. We are not responsible or liable in any way for any dealings you may have or the consequences of such dealings with any such third party. Any such dealing will be on the terms and conditions express or implied of that third party.

Data Protection and Privacy

Folens are committed to protecting your personal data and respecting the data protection laws and regulations within Ireland and the EU. For full details on how we do this please refer to our Privacy Policy.

Modification to the Site and Services

We reserve the right to modify, suspend or discontinue the site and the services that are offered by Folens from time to time, with or without notice to you, and we are not liable to you, or any third party should we exercise such rights. If you object to any such changes, your sole recourse is to discontinue using the site and the services. Continued access and/or use of the site and/or the services following notice of any such changes shall indicate your consent to and acceptance of such changes.

General

These Terms of Use are governed by and shall be construed in accordance with the laws of Ireland and all disputes shall be submitted to the exclusive jurisdiction of the Irish courts.

This agreement commences on the date you first access the site and accept the Terms of Use, and will continue in force until terminated by either us or you.

This agreement and any right you may have under this agreement will come to an end immediately without any notice from us if in our sole discretion you do not comply with any term or provision of this agreement. Termination of this agreement by us will not affect any other rights or remedies we may be entitled to at law (or otherwise).

Once this agreement comes to an end (and for whatever reason) your right to access and use the site and its content shall immediately cease and you must destroy at your own expense, all information obtained from the site.

You may not assign, transfer, or novate any of these Terms of Use, in whole or in part, to any third party and any attempt by you to do so shall be invalid.

Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed in a manner which is consistent with applicable law and the remaining portions will remain in full force and effect.

Our failure to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision.

These Terms of Use constitute the entire and only agreement between you and us, and supersede all other agreements, representations, warranties, and understandings that relate to the subject matter of these Terms of Use.

These Terms of Use are reviewed on a regular basis and were last updated on 12th April 2024.