Effective Date: April 6, 2016
This website is owned and operated by Macmillan Learning
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS SITE. PLEASE READ IT CAREFULLY.
Purpose of This Site
Personal Registration for Subscription Services
Certain of our Sites permit you to browse, access and use content, features and/or functionality without registration. You are required to register, however, in order to access our subscription services, such as WriterKey and certain of our other digital media products ("Subscription Services").
The first time you sign in to a Subscription Services account, you will be prompted to register. In consideration of your use of our Sites, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the website registration process; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Macmillan Learning suspects that such information is untrue, inaccurate, not current or incomplete, Macmillan Learning has the right to suspend or terminate your account and refuse any and all use of our Sites. Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You may not transfer your account to another party. If you transfer or attempt to transfer your rights to another person, the rights granted hereunder will automatically terminate. You agree to immediately notify Macmillan Learning of any unauthorized use of your password or account or any other breach of security. Macmillan Learning will not be liable for any loss or damage arising from your failure to comply with this section.
Schools and school districts that are Subscribers to certain Subscription Services (a "School or School District Subscriber") agree to grant access only to teachers, staff members and students who are current employees or students at their schools or school districts. If a teacher, staff member or student is no longer employed by, or a student at, a School or School District Subscriber, such School or School District Subscriber will notify Macmillan Learning that such individual is no longer an authorized user of the Subscription Services and otherwise ensure such individual ceases all use of the Subscription Services. If at any time a School or School District Subscriber learns that a user of a Subscription Service claiming to be affiliated with its school or school district is not, in fact, so affiliated, such School or School District Subscriber will notify Macmillan Learning immediately.
If you are a instructor or school administrator, you are generally required to purchase access to the Subscription Service for the purchase price and for the duration set forth on your purchase order or the purchase page for the Subscription Service, and validate your account on this Site with the activation code/passkey. If you are a student or other users, you may receive access via your instructor or school administrator or you may purchase Subscription Services online through this Site. For those Subscription Services where access paths distributed by a college or high school instructor or a school administrator are required for a student or other user's registration, that student or other user may only access the Subscription Service using the access path provided by the college or high school instructor or school administrator.
Upon expiration or termination of your account, (i) you will have no further rights in or access to this Site (including any User Content you may have uploaded to the Site), (ii) Macmillan Learning may (and shall upon your request) delete any User Content (as defined below) you have submitted, and (iii) Macmillan Learning will have no further rights in any User Content, except that we may continue to store back-up copies of User Content.
Information and Functionality on the Site
The material that appears on this Site is for informational purposes only. Any reliance on the material on this Site is at your own risk. This Site may contain information provided by other users of the Site. Macmillan Learning will not verify the accuracy of any information submitted by users, and the opinions and views expressed by users are not those of Macmillan Learning are not endorsed by us. Macmillan Learning does not make any representation or warranty regarding rights in materials submitted by users. In the course of using this Site, users may provide information about themselves to other users. You understand that we do not guarantee the identity of any other user with whom you may interact, or the authenticity of any information the user may provide about him/herself.
Use of Materials From This Site
This Site and its contents, including but not limited to any Subscription Service available through the Site (if applicable, and all other tools, software, files, graphics and data (the "Materials") are the property of and owned by Macmillan Learning or its licensors and are protected by copyright, trademark and other laws of the United States and other countries. Macmillan Learning grants you a personal, revocable, non-exclusive and non-transferable right to access and display the Materials your own personal, non-commercial use; in the case of Subscription Services, such license is limited to the period of your subscription. You may not access this Site through a single account on more than one computer or computer system concurrently. Multiple use configurations and network distribution of this Site or any content or features on the Site are expressly prohibited. You may not modify or delete any copyright, trademark or other proprietary notice that appears on any Materials on this Site. If the functionality of the Site permits, you may also create and save bookmarks, highlights and annotations to content on the Site. Macmillan Learning does not purport to grant any rights to materials appearing on this Site that are not copyrighted in the name of Macmillan Learningor one of its divisions, including material submitted by any user of the Site, and does not make any representation or warranty of any kind concerning rights in such materials.
No Framing. Without the prior written permission of Macmillan Learning, you may not frame or establish inline links to any Subscription Services or Materials which require registration to access, nor may you incorporate into another website or other product or service any intellectual property of Macmillan Learning or any of its licensors. Use of manual or automated devices or other processes to "crawl" or "spider" any part of this Site is strictly prohibited.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. Macmillan Learning does not assure the confidentiality of any submission you make. You may not upload to, distribute or otherwise publish through this Site any content that violates any of the Usage Rules
, below. Macmillan Learning is not responsible for how other users may use or share any materials that you submit that you, your teacher, and/or your school or school district make accessible to such other user.
If you are an instructor or student submitting materials for use in connection with your course/class, you grant Macmillan Learning and its affiliates the right to use, reproduce, distribute, display and perform such materials in connection with the course/class on this Site or any successor site. .
With respect to any materials you submit through this Site ("User Content"):
- You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
- You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the Site without any prior notice to you.
Macmillan Learning shall not have any liability or responsibility for any User Content, including the loss, destruction or use by third parties of such User Content.
In connection with your use of this Site, you agree:
- Not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit or create a link to any material that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to grant the rights in such materials you grant under the section entitled "Material You Submit", above;
- Not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;
- Not to make any personal attack on any person, firm or company;
- Not to submit or create any link to material, or otherwise use this Site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;
- Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous positions, qualifications, or affiliations;
- Not to submit any material that you do not have the legal right to disclose;
- Not to submit or create any link to any material that is intentionally false or misleading, or is potentially damaging or harmful;
- Not to advertise or engage in any form of marketing on this Site or use user information obtained through this Site for marketing or other commercial purposes, or use this Site to post or transmit "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;
- Not to stalk or harass anyone;
- Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this Site, or that would damage, compromise the security of, or disrupt this Site or any connected network;
- Not to use this Site to collect personal information about individuals;
- Not to modify, scrape, decode or reverse engineer any portion of the Site, or to use any data mining, gathering or extraction tool or automatic device to monitor or compile any portion of the Site or the content and data generated from it;
- Not to post or make available private information of any third party;
- Not to use this Site as a forwarding service to another website; and
Trademarks, Copyrights and Other Intellectual Property Rights
This Site features trademarks, service marks, logos and other forms of intellectual property that are the property of Macmillan Learning and its affiliates or licensors. The Site also may include trademarks, service marks, logos and other forms of intellectual property of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This Site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright and other intellectual property laws of the United States and other countries.
Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
175 Fifth Avenue
New York, NY 10010
Attention: General Counsel
Please include all of the following in your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Monitoring and Termination; Repeat Infringers
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MACMILLAN LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MACMILLAN LEARNING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MACMILLAN LEARNING DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY MATERIALS THAT YOU SUBMIT.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER MACMILLAN LEARNING NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
UNDER NO CIRCUMSTANCES WILL MACMILLAN LEARNING OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
How to Contact Us
or write to us at:
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
Macmillan Learning is a group name for Bedford, Freeman &Worth Publishing Group, LLC (Bedford St. Martin's, WH Freeman and Company, and Worth Publishers), Sapling Learning, and Hayden-McNeil LLC, and is used herein to refer to each entity individually and collectively.