Subscription Agreement to Superkids® Online

This is a summary of the Subscription Agreement to Superkids Online (followed by the full text).

What is Superkids Online? Superkids Online consists of the online instructional resources of Zaner-Bloser, Inc. (“Zaner-Bloser” or “ZB”), an Ohio corporation, whose address is 1201 Dublin Road, Columbus, Ohio 43215-1026. It is only available through a paid subscription. Access is password protected.,/p>

What is the Subscription Agreement? This is the contract that permits you to access the password protected online instructional resources on Zaner-Bloser’s website located at www.superkidsreading.org or through Superkids mobile apps.

What do I have access to under the Subscription Agreement? You have access to Superkids Online purchased directly from Zaner-Bloser, or from one of its agents during the Effective Period (defined below).

How long does the Subscription Superkids Online last? The Subscription Agreement begins when the Subscriber (defined below) accepts the terms of the Subscription Agreement. For most of Superkids Online materials, you have access until the following June 30, or September 1 for parents or guardians who are Authorized Users. But some Superkids Online materials may be provided for a longer time period, as stated in the Order Form at the time of purchase. The Subscription Agreement may be renewed annually.

Who is a Subscriber? A Subscriber is the legal entity that purchases access to Superkids Online directly from ZB or from one of its agents. A Subscriber may be a school district, a school, or an individual.

Who is an Authorized User? When the Subscriber is a school district or school, it purchases access to Superkids Online for designated employees, faculty, staff, and parents of students, known as “Authorized Users.”

How may I use Superkids Online materials? Superkids Online materials are labeled with icons that designate how the different kinds of materials may be used.

Display
means that you are limited to displaying the material on your classroom computer or whiteboard, or home computer of parent or guardian of a current student.

Print and copy
means that you may print and copy the material, but you may only distribute copies to your current students or their parents for an educational purpose.

Save
means that you may save, print, and copy the printed material, or download and listen to audio files, but you may only distribute to your current students or their parents for an educational purpose.


Other than these permitted uses, you may not copy, modify, distribute, save, publish, or retransmit Superkids Online materials, in whole or in part.


Subscription Agreement (full text)

  1. Superkids Online. Superkids Online consists of the online instructional resources of Zaner-Bloser, available in the password protected section of Zaner-Bloser’s website at teachers.rowlandreading.org, www.superkidsreading.org, or though Superkids apps. Superkids Online is protected by copyright and other applicable laws. Any use of Superkids Online materials except as authorized under the Subscription Agreement, or copyright law is prohibited. ZB reserves all rights not expressly granted in the Subscription Agreement.


  2. Subscriber. A Subscriber is the legal entity that purchases access to Superkids Online directly from ZB or from one of its agents. A Subscriber may be a school district, a school, or an individual. If the Subscriber is an individual, he or she must be at least 13 years old. If the Subscriber is a school district or school, it may offer access only to Authorized Users of Superkids Online by means of a password log-in.

    1. Authorized Users must be employees, faculty, or staff officially affiliated with the Subscriber, or a parent or guardian designated by an Authorized User. An Authorized User may not share his or her log-credentials with anyone.
    2. If it is suspected that an unauthorized person becomes aware of an Authorized User’s password, the Subscriber will immediately inform the Authorized User and ZB. If ZB becomes aware that an unauthorized person has access to an Authorized User’s password, it may, in its sole discretion and without notice, restrict or terminate the Subscriber’s access to Superkids Online. The Subscriber is liable for all unauthorized uses of Superkids Online.


  3. License Grant. ZB grants to a Subscriber a non-exclusive, non-transferable, revocable, limited term license to use and access the Superkids Online materials purchased for Authorized Users at Subscriber’s location(s) for educational purposes only.

    1. Limited Rights. There are three kinds of Online materials:
      1. Online material labeled “D” may only be displayed for use by an Authorized User on a classroom computer, whiteboard, or a home computer of parent or guardian of a current student.
      2. Online material labeled “P/C” may be printed and copied, but the copies may only be distributed by an Authorized User to current students or their parents for an educational purpose.
      3. Online material labeled “S” may be saved, printed, and copied, or downloaded and listened to, but the materials or audio files may only be distributed by an Authorized User to current students or their parents/guardians for an educational purpose.
    2. Further Restrictions. Superkids Online materials (or any portion of them) may not otherwise be copied, modified, published, transmitted, transferred, or used for any commercial purpose.
    3. Copyright and Trademark Notices. Copyright and trademark notices on Superkids Online materials must be maintained and may not be modified or altered in any way.
    4. No Circumvention. Subscriber may not circumvent, disable, or otherwise interfere with security-related features of ZB’s website or features that prevent or restrict use, copying, or distribution of any materials on it.
    5. ZB Remedy for Breach. If ZB becomes aware of Subscriber’s breach of this Section 3, it reserves the right in its sole discretion and without notice to restrict or terminate Subscriber’s access to Superkids Online.


  4. Effective Period. The Subscription Agreement becomes effective when Subscriber clicks “I Agree” and continues until the following June 30, and will be renewed for successive anniversaries of this date when payment for renewal of the Subscription Agreement is made for the next year (“Effective Period”). Some Superkids Online materials are available for a longer period as stated in the Order Form at the time of purchase. In addition the Effective Period for parents or guardians who are Authorized Users lasts until the following September 1 rather than June 30.

    1. Either party may terminate this Agreement with 30 days’ prior written notice that describes a material breach by the other party of any term or condition of this Agreement, if the breach has not been cured by the breaching party during the 30-day notice period.
    2. In the event of a material breach of this Agreement by the Subscriber, if the breach is not cured within 30 days’ notice, the Subscriber will immediately cease accessing the teacher portal of ZB’s website and this Agreement will terminate.
    3. ZB reserves the right in its sole discretion and without notice to terminate or restrict Subscriber’s access to Superkids Online based on a breach of Section 2, Subscriber, or Section 3, License Grant.


  5. Teachers’ and Students’ Data.

    1. Teachers’ Personally Identifiable Information. In the registration process, ZB collects e-mail addresses of teachers designated by the Subscriber. Using a password protected system, teachers may access those Superkids Online materials purchased under the Subscription Agreement with the Subscriber. ZB follows the terms of its Privacy Policy with respect to teachers’ information, which can be viewed here: Privacy Policy.
    2. Students’ Personally Identifiable Information. ZB collects the following student information as provided by the Subscriber:
      • Student ID, as provided by schools
      • Student’s First and Last Name
      • Student’s Parent First and Last Name and email, if added to a student on a roster
      • Student portal activity associated with game play, games scores, book reading
      ZB treats the information of students who use Superkids Online as confidential and does not release this information to anyone other than school administrators, except ZB reserves the right to release information concerning anyone using Superkids Online where ZB has a good faith belief that this person or entity may be involved in some unlawful activity, where ZB is responding to civil subpoenas or discovery requests, or where ZB is attempting to protect the interests of its business, its customers or others, all in accordance with applicable law.
    3. Access and Passwords. Subscriber acknowledges that by granting user identifications and passwords, Subscriber controls and manages access to Superkids Online and student data and related records used within Superkids Online. Subscriber acknowledges that its data security may be compromised if Authorized Users do not follow appropriate security procedures in maintaining the confidentiality of Authorized Users’ names and passwords. Subscriber will promptly report any security concerns to ZB.
    4. Use of Information. Subscriber authorizes ZB to use data from Subscriber’s use of Superkids Online on an anonymous, aggregated basis for research and improvement of Superkids Online.
    5. Data and Storage Return. ZB offers Subscribers the ability to download and store data regarding students’ use of Online Materials only during the Effective Period of the current Subscription Agreement. For all previous periods of a Subscription Agreement, or in the event of non-renewal or termination of a Subscription Agreement, student data will be stored or destroyed in accord with ZB’s then current policies.


  6. Support. During regular business hours (CST), ZB is available by phone or e-mail to respond to technical questions regarding online access.


  7. Security. ZB maintains physical, electronic and management procedures that use commercially reasonable standards to safeguard the personal information it collects on-line.


  8. No Warranty. ZB STRIVES TO MAINTAIN UPDATED AND ACCURATE SUPERKIDS ONLINE MATERIALS ON ITS WEBSITE WHICH MAY ALSO BE ACCESSED THROUGH SUPERKIDS MOBILE APPS. HOWEVER, ALL MATERIAL IS PRESENTED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. ZB DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IN CONNECTION WITH SUPERKIDS ONLINE AND ITS CONTENT.


  9. Limitation of Liability. NEITHER ZB NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING CONTENT FOR SUPERKIDS ONLINE, IS LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO USE OR INABILITY TO USE SUPERKIDS ONLINE, OR ANY ERRORS OR OMISSIONS IN CONTENT. THIS LIMITATION APPLIES TO DAMAGES BY ANY VIRUS OR HARMFUL COMPONENT THAT MAY INFECT COMPUTER EQUIPMENT, SYSTEM, OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ZB’S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE EXTENT PERMITTED BY LAW.


  10. General.

    1. ZB’s failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
    2. No provision of this Agreement will be deemed waived and no breach consented to unless it is in writing and signed by the parties agreeing to a waiver or consent.
    3. The Subscription Agreement (including the summary) constitutes the entire agreement between the parties with respect to Superkids Online available on ZB’s website or through Superkids mobile apps. There are no understandings, agreements, or representations regarding Superkids Online not specified here. This Agreement may not be modified without the mutual written agreement of ZB and Subscriber. If there is any inconsistency between the summary and the full text of the Subscription Agreement, the full text of the Subscription Agreement governs.
    4. The Subscription Agreement may not be assigned by Subscriber to any other person, firm, corporation, or other entities (by operation of law or otherwise) without ZB’s prior written consent. Any attempt to assign without consent is void and is a material breach of the Agreement.
    5. This Agreement shall be subject to, interpreted and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law principles. Any controversy or claim arising out of or relating to this Agreement or any breach thereof shall be brought only in the Court of Common Pleas of Franklin County, Ohio, or in the United States District Court for the Southern District of Ohio. Each party hereby submits to the personal jurisdiction of such court for such purpose and waives any objection to venue in such court. The U.N. Convention on the International Sale of Goods is expressly excluded.


Revised May, 2015.