Date of version: 2015
Please note that we may change these Terms from time to time without notice so you should review them each time that you visit the Site to ensure you understand the terms which will apply at that time. You should print a copy of these Terms for future reference.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
If you are under 16 years of age, please be sure to read these Terms with your parents or guardian. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SITE.
By using the Site, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms, please refrain from using the Site.
We draw your attention to the limitations on liability contained in clause 12 below and to the consents to data transfer and processing contained in clause 10 below.
1 About Us 1
2 Contacting Us 2
3 Using Sites 2
4 Access Tokens 3
5 Linking 3
6 Registration 4
7 Your Content 6
8 Third Party Content 6
9 Intellectual Property Rights 6
10 Your Personal Information 6
11 Interactive Services 6
12 Our Liability 7
13 Maintenance of the Site 8
14 Severance 8
15 Variation 8
16 Jurisdiction and Applicable Law 8
1 About Us
The Site is operated by Macmillan Publishers Limited, a company registered in England under company number 00785998 with a registered office at Brunel Road, Houndmills, Basingstoke, Hampshire, RG21 6XS, United Kingdom, VAT number GB199440621 (“we”, “us”, “our“).
2 Contacting Us
2.1 You can contact us following the instructions found on the ‘Contact us’ page on the Site.
2.2 We respect the intellectual property rights of others, and we request that our visitors do the same. It is our policy to terminate the accounts of users who repeatedly infringe the rights of others. If you think your work has been copied in a manner that constitutes copyright infringement, you may contact us at email@example.com. Please include all of the following in your notification:
2.2.1 A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2.2.2 a description of the copyrighted work you claim has been infringed;
2.2.3 a description of where the material you claim is infringing is located on the Site;
2.2.4 your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
2.2.5 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
2.2.6 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.
3 Using the Site
3.1 If you are under 16, you must first obtain the consent of your parent or guardian to use or register with the Site. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
3.2 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason any or all of the Site is unavailable at any time or for any period.
3.3 We may update the Site from time to time, and may change the content at any time. Please note that any of the content on the Site may be out of date at any time, and we are under no obligation to update it.
3.4 You may view (and, where applicable, listen to and/or watch) the content and applications available on the Site for educational purposes only. You may access the Site from within your institution or any other computer, including at home, for use in lessons, seminars, homework, individual study and any other reasonable pedagogic purpose. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of any Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
3.5 From time to time we may restrict access to some parts of the Site, or to the entire Site, to users who have registered with us. You must not otherwise alter, adapt or reverse engineer any part of the Site.
3.6 You must not (whether directly or indirectly):
3.6.1 distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or in any way seek to commercialise all or part of the combination of materials which together constitute the Site;
3.6.2 distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, files, feeds or data from the Site, whether publically available or not, except as specifically permitted by the Site and in compliance with any applicable conditions or restrictions; or
3.6.3 copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material where you are able to show ‘fair dealing’ with it, in each case in accordance with the Copyright, Designs and Patents Act 1988.
3.7 You may only play video or audio files made available for streaming using the media player on the Site or on the website of one of our licensees who is displaying such material with our authorisation. Where any videos or other materials are displayed through a third-party embedding service you must comply with all applicable conditions of that third party.
3.8 You should be aware that content, products, applications, services and any other resources may be removed from the Site with or without notice at any time and we accept no responsibility or liability for any reliance by you on the continued availability of any content, products, applications, services or resources on the Site.
3.9 Whether or not you are a registered user, you must not abuse the Site’s social media and rating facilities (or any similar feature) (such as, without limitation, by making malicious reports).
3.10 You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Site, including in particular any network charges for fixed or mobile internet use.
3.11 You may download the specified number of copies of products indicated on the Site as being available for this purpose for personal use or for pedagogical purposes with a class of students within an educational institution. You understand and agree that such products are made available for download by way of a non-exclusive, revocable and personal license only. We do not transfer title to such products to you and this license shall not be considered a “sale” of the content. You own the media on which the products are recorded, if any, but we retain full and complete title to the products (whether on any fixed media or otherwise). You may not:- (i) copy (save as expressly provided in these Terms), redistribute, sell, rent, lease, transfer or sublicense the products; (ii) circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the products are wrapped or otherwise associated with; (iii) edit, modify, translate or create derivative works or adaptations of the products; (iv) decompile copy, reproduce, reverse engineer or disassemble the products (other than to the extent permitted under applicable law); or (v) (iii) operate the products from a network or mainframe system unless with our prior written consent. Your licence to use the products automatically terminates if you fail to comply with any provisions of this license.
3.12 In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial home use only or, if expressly authorised, for pedagogical purposes with a class of students within an educational institution. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
3.13 You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Site.
3.14 You must not attempt to gain unauthorised access to the Site, the server on which the Site is hosted or any server, computer or database connected to the Site or to attack the Site via a denial of service attack or by any means other than through a normal web browser in the generally-accepted manner, and in accordance with these Terms. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use the Site shall immediately and automatically cease.
4 Access Tokens
You may be required to use a unique access token provided to you to access the products made available on the Site. The token can only be used once. If the Site is withdrawn or any products, content or software made available for downloading from the Site are removed, you will not be able to use the token to access the Site and/or any such products, content or software, as applicable.
5.1 You may establish a link to the Site, provided that:
5.1.1 the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
5.1.2 such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
5.1.3 the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity (websites of any such nature being referred to as an “Unacceptable Forum“);
5.1.4 the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
5.1.5 framing of the Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
5.2 We may withdraw your right to link to the Site without notice and at any time (acting in our sole discretion).
5.3 Subject to these Terms you may only include links on the Site to third party websites or webpages if:
5.3.1 the third party website is not an Unacceptable Forum, and the content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 7.7;
5.3.3 links are clearly and visibly marked as such;
5.3.4 the content of any linked website or webpages are relevant and clearly related to the Content (as defined in clause 7) to which it is linked; and
5.3.5 the link will not result in any automatic download.
5.4 Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
6.1 Where you are required to register to use the Site or part of the Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.
6.2 Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
6.3 Your registration with the Site must be in your own, real, name, not under any false or assumed name and not with any other person’s identity. You must not pretend to be a different person. You must provide a valid email address when you register for the Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.
6.4 You are responsible for everything done using your registration details. You must not disclose your login details to any other person. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.
6.5 We may suspend, terminate or prevent your account and/or your access to any or all of the Site at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.
6.6 You may terminate your registration at any time by emailing firstname.lastname@example.org.
6.7 For the avoidance of doubt, where we suspend, terminate or otherwise prevent your account or your access to the Site, we may continue to publish or use your Content (as defined in clause 7) in accordance with the provisions of these Terms.
7 Your Content
7.1 The Site may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (“Content“). You retain ownership of any intellectual property rights that you hold in the Content.
7.2 You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
7.3 It is our sole discretion whether or not we choose to publish or otherwise make available Content on the Site.
7.4 For the avoidance of any doubt, you acknowledge and agree that we may:
7.4.1 continue to publish all or part of your Content even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
7.4.3 use all or part of your Content in promoting our products and services;
7.4.4 reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
7.4.5 publish and/or distribute widgets and other applications similar to yours and bearing our or another user’s branding or logo without any liability or responsibility to you;
7.4.6 modify your Content in any way at our sole discretion.
7.5 You acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
7.7 You warrant and represent that your Content, and the content of any website from which you include a link to the Site, or to which you post a link from the Site, will not be inappropriate. Without limitation, Content (and the content of third-party websites) may be considered inappropriate if:
7.7.1 it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
7.7.2 it is defamatory, plagiarised (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
7.7.3 it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
7.7.4 it prejudices any active or pending legal proceedings of which you are aware;
7.7.5 it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
7.7.6 it infringes any intellectual property rights proprietary to us or any third party;
7.7.7 it is technically harmful (including Content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
7.7.8 it advertises or promotes any product or service or makes any requests for donations or financial support;
7.7.9 it is spam or junk content;
7.7.10 it impersonates another person or otherwise misrepresents your identity, affiliation or status;
7.7.11 it would be considered a criminal or statutory offence in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
7.7.12 it is in breach of these Terms.
7.8 Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been rejected or removed.
7.9 You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 7.
7.10 You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim“), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.
8 Third Party Content
We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.
9 Intellectual Property Rights
For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in the Site. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10 Your Personal Information
11 Interactive Services
11.1 We may from time to time provide interactive services on the Site, including (without limitation) chat rooms, bulletin boards and other forums (“interactive services“).
11.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
11.3 We are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms, whether the service is moderated or not.
11.4 You acknowledge that the interactive services are for public and not private communications. We cannot guarantee the security or privacy of any information you choose to disclose through any of these media and you make such disclosures at your own risk. If you see something which you reasonably believe breaches these Terms, please use the relevant ‘Report this Comment’ facility. If there is no such facility available, please contact us by emailing email@example.com.
11.5 The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
11.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
12 Our Liability
12.1 The provisions of this clause 12 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
12.2 The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
12.3 Save as expressly provided in these Terms, we make no representations or warranties with respect to the Site or its content or any products made available via the Site. All warranties (express or implied) are hereby excluded to the fullest extent permitted by law.
12.4 Nothing in the Terms excludes or limits our liability
12.4.1 for death or personal injury caused by our negligence;
12.4.2 for fraud or fraudulent misrepresentation;
12.4.3 for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
12.4.4 for breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
12.4.5 for defective products under the Consumer Protection Act 1987; or
12.4.6 for any other liability that cannot be limited by applicable law.
12.5 To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
12.5.1 loss of or corruption to data;
12.5.2 loss of profit;
12.5.3 loss of anticipated savings;
12.5.4 loss of anticipated revenue;
12.5.5 loss of business;
12.5.6 loss of opportunity;
12.5.7 adverse effect on reputation and/or goodwill; or
12.5.8 any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
12.6 Without prejudice to the generality of the exclusions of liability contained in this clause 12, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (including without limitation the performance of any internet service provider, the performance of any internet browser, limitations of the device you use to access the Site and/or any malicious or unintentional harm done by yourself or others).
12.7 We shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content, material or other information or data from or on the Site, or for any use of or reliance on any Content on the Site.
12.8 Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that the Site or any individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
13 Maintenance of the Site
You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Site while we:
13.1.1 fix defects and errors in the Site;
13.1.2 install updates and undertake general diagnosis and maintenance of the Site; and
13.1.3 undertake emergency maintenance and/or suspend access to the servers,
and that as a result of which the Site may be less accessible or unavailable to you from time to time.
If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be affected.
We may revise the Terms at any time by amending the page on which the relevant Terms appear. You must check the page of the Site where the Terms appear, from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site.
16 Jurisdiction and Applicable Law
16.1 The law governing the Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
16.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where the Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.