My Literacy Digital license

My Literacy Digital Version

These Terms of Use form an agreement between you and us. By accessing and using this software you confirm your acceptance of these Terms of Use.

Changes: We reserve the right to change these Terms of Use from time to time and without notice by publishing the changed Terms of Use on this websites above.

Copyright: The Reading Program identified as Fantastic Phonics Digital is licensed from Fantastic Phonics, and is Published by Fantastic Phonics. Copyright resides wholly with Fantastic Phonics, dated 1998.

Free License does not mean Open Source: My Literacy provides a reading program. At our discretion, we donate or waive the cost of the program for charities and not-for-profit agencies. However, this does not imply that the program is free. The license is provided on the basis of the conditions in this document and if a breach occurs, the value of the program reverts to the value of the commercial license that would have applied.

The My Literacy license retains all the characteristics of a commercial license with regards to copyright, resale and correct citation of author and publisher. It is not an OEM product, and not a product licensed under a GNU General Public License (GNU GPL or GPL) license.

Fantastic Phonics Citation: You must properly cite the author of the Fantastic Phonics books (Jennifer Cooper-Trent) and the Publisher (www.FantasticPhonics.com) in all references, reports, articles and webpages that discuss your use of the reading program. For example, if you mention “decodable readers” you must insert “Fantastic Phonics” immediately before the mention. This applies to (but is not limited to) phrases such as “reading program”, “learn to read program”, “literacy program” or any combination of words which refers to your use of “Fantastic Phonics”.

You must not pass Fantastic Phonics or My Literacy programs off as your own creation, or embed the program in your own work without prior permission. Where permission is granted for embedding, you must properly cite the author and publisher. This is a legal requirement.

Any derivative works (which you make) which create a reading program based on My Literacy/Fantastic Phonics remain the property of the respective My Literacy/Fantastic Phonics owners. For example, adding information about phonics, or additional comprehension or spelling passages and exercises, or adding additional sight words or other reading components do not alter the copyright of the program, regardless of the authorship of the components, and My Literacy/Fantastic Phonics continue to own your derivative work in its entirety, for the purposes of display or example of how My Literacy/Fantastic Phonics may be used or adapted.

We consider any such work to be a derivative adaption, and the copyright covers the adaption and remains with My Literacy/Fantastic Phonics.

If you received a free license, you are not permitted to resell My Literacy/Fantastic Phonics, provide My Literacy/Fantastic Phonics to any third party for sale, or provide My Literacy/Fantastic Phonics to any third party except for direct learning (e.g. a student). You are not permitted to change the program in any way without permission. You cannot remove the correct citation of the copyright owner, or the title page of any book, under any circumstances.

If you have purchased My Literacy/Fantastic Phonics, you can provide access on a commercial basis, but are expressly not permitted to sell the program or any components so they can be installed in another system or device without prior permission. If you host My Literacy/Fantastic Phonics on a server that you own or control, you are not permitted to remove branding or logos or website links.

You cannot use any part of My Literacy/Fantastic Phonics in another publication without prior permission.

All free licenses granted by My Literacy/Fantastic Phonics are limited to 12 months from date of granting unless expressly agreed to by Fantastic Phonics and explicitly included in a license. Commercial licenses are on a paid-fee basis.

Intellectual property: The entire contents of this program are protected by copyright and other laws of Australia, and under similar laws and international conventions in other countries. You acknowledge and agree that all copyright, trade marks and other intellectual property rights that may subsist in this Reading Program including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, “Our Intellectual Property”). We value Our Intellectual Property and will vigorously enforce our rights to the fullest extent permitted by law.

Errors: While we endeavour to ensure that the content of the Reading Program and digital assets are free from errors, we do not give any warranty or other assurance as to the content of material appearing on this Reading Program, its accuracy, completeness, timeliness or fitness for any particular purpose.

Indemnity: You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:

your access to, use of, or reliance upon any part of this software;
any breach of these terms of use by you or by any person who uses your account (regardless of whether that person has your authorisation); and
your negligent or wilful acts or omissions in accessing or using this software;
You agree to fully indemnify us (My Literacy/Fantastic Phonics) against all losses, expenses, costs, damages, claims, action incurred by or brought against us arising from your use of this software.

Disclaimer: You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. My Literacy/Fantastic Phonics reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the Materials.

The Service and the Materials are provided by My Literacy/Fantastic Phonics on an “as is” basis, and My Literacy/Fantastic Phonics expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any Materials and Products. In no event shall My Literacy/Fantastic Phonics be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the Materials and the Products.

Trade practices laws

The Trade Practices Act and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

To the fullest extent permitted by law, Fantastic Phonics’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of My Literacy/Fantastic Phonics to the following:

In the case of services supplied or offered by My Literacy/Fantastic Phonics, the supply of the services again, or the cost of having services supplied again
In the case of goods supplied or offered by My Literacy/Fantastic Phonics, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of the replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

By using this software you automatically accept all the terms of our Conditions of Use and Disclaimer.

Terms and Conditions of Sale

For all My Literacy/Fantastic Phonics products and services including educational software, educational materials (in printed and digital form), educational services (assessments, teaching, training, seminars, conferences, exhibitions, courses (both face to face and online), educational consultancy services and membership programs.

Fantastic Phonics /Jennifer Cooper owns the copyright in the books .

In purchasing this product, you acquire the right to use the product for your own personal use, subject to the copyright laws and the terms of this notice.

You agree not to undertake any act that infringes the copyright in this product. In particular, you agree not to copy, reproduce, translate, adapt, vary or modify this product without the express consent of My Literacy/Fantastic Phonics, or unless otherwise permitted by the Copyright Act 1968 (Cth).

Permission is granted for you to only use this product for personal educational use or use in accredited schools. Other commercial use, hiring or lending, or other use as part of any commercial, not-for-profit or fee paying programme of instruction or tuition not carried out by an Accredited School is strictly prohibited unless you have a licence from My Literacy/Fantastic Phonics for this purpose, and then only on the terms of that licence.

Your right to use this product commences upon your purchase of the product, but this right to use may be terminated if you infringe Fantastic Phonics’ rights in the product.

Any unauthorised use of this product may incur a breach of copyright penalty as well as being a breach of licence.

Your right to use shall be governed by and construed according to the laws of the State of New South Wales, Australia.

Refunds are not given for products. Returns are accepted within 30 days of the date of purchase if the wrong product was purchased and a replacement will be provided.

Trademarks and copyright

My Literacy/Fantastic Phonics asserts copyright and all other intellectual rights on the Websites and all material on the site that is created by My Literacy/Fantastic Phonics. All content included on this site, such as text, graphics, logos, images, audio and video clips, reports, abstracts, downloadable items is the property of My Literacy/Fantastic Phonics or its content suppliers and protected by Australian and international copyright laws.

My Literacy/Fantastic Phonics® is a registered trademark.

The trademarks “Fantastic Phonics®”, and other My Literacy/Fantastic Phonics products and services referred to in the Websites are trademarks of My Literacy/Fantastic Phonics. Nothing contained in the Websites should be construed as granting any license or right of use of any trademark or part of any trademark displayed on the Websites without the express written permission of My Literacy/Fantastic Phonics or its representative(s).

Subject to the fair dealing provisions of the Australian Copyright Act 1968, or any other applicable legislation throughout the world, you must not make any other use of this material unless you have our written permission to do so.