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Pearson Education, Inc. and its subsidiaries and affiliates ("Pearson") are providing you this website and the applications and services it contains (collectively, "Service").
Authorized User License:
Access to the Service requires the purchase of a subscription ("Subscription"). By purchasing a Subscription, you represent that you are eighteen (18) years or older and that you are authorized to use the chosen payment method for the purpose of purchasing a Subscription as described herein. A Subscription is valid only for the User Account(s) for which it is purchased and is otherwise non-transferable. Subscriptions are also non-refundable. Please note that if a Subscription is cancelled before the expiration of the current Subscription period, no refunds will be given to the purchaser for the remaining portion of the Subscription period.
From time to time, Pearson may offer free trials of Subscriptions to the Services and may limit free trials to only first time subscribers.
License and Limitations:
Included in the Services is a library of assets ("Library") containing images, graphics, text, video and audio (collectively, "Elements") that Authorized Users can incorporate into instructional material. Such Elements are either owned by Pearson Education, Inc. or its affiliates or are being used under license from third party rights holders. Excluding those Elements that have more restrictive limitations as reflected in their metadata, tags or other forms of information ("Limited Elements"), the remaining Elements in the Library may be accessed, downloaded, distributed, shared, reproduced and used (i.e. either integrated within other materials and/or on a stand-alone basis) by Authorized Users for non-commercial, educational and/or research purposes only. To the extent that an Element in a Library is an image (but excluding Limited Elements), Authorized Users are permitted to crop or rotate or otherwise modify such image for non-commercial, educational and/or research purposes only, provided that the editorial integrity of the image is not compromised. Except as expressly provided herein, Authorized Users may not: (i) adapt, download, upload, post, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute materials on the Service, including the Elements, unless specifically authorized by Pearson to do so; (ii) use an Element together with pornographic, defamatory, or otherwise unlawful content or content that infringes a third party's intellectual property or other proprietary right; (iii) use any Element (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services; (iv) frame or utilize framing techniques to enclose any part of the Service or any Element; (v) gather, obtain, use, access or otherwise copy the Service or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (vi) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; or (vi) engage in any activity that interferes with another Authorize User's access, use or enjoyment of this Service. In addition to the foregoing limitations, if an Element is an image depicting a person, Authorized Users are further prohibited from using such Element in a way that places the depicted person in a bad light -- this includes, but is not limited to the use of such Element: a) in pornography, "adult videos" or the like; b) in advertisements or promotional materials for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful content, including use of the Element containing the likeness of a person if such use implies that the person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
In the event Pearson expressly permits any copying, redistribution or publication of copyrighted material within the Service, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Authorized User acknowledges that he/she does not acquire any ownership rights by in any of the foregoing.
Representation and Warranty:
BY SUBMITTING A POSTING TO THE SERVICE, AUTHORIZED USER AUTOMATICALLY GRANTS, OR WARRANTS THAT THE OWNER OF SUCH MATERIAL HAS EXPRESSLY GRANTED, PEARSON THE ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE AND DISTRIBUTE SUCH POSTING (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED FOR THE FULL TERM OF ANY COPYRIGHT THAT MAY EXIST IN SUCH POSTING.
Links to and from Other Websites:
Copyright and Trademark Notices:
The entire content of the Service and any supporting software are the proprietary property of Pearson and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Pearson and/or its licensors is strictly prohibited.
Unless otherwise indicated, trademarks that appear on this Service are trademarks of Pearson or its affiliates. All other trademarks not owned by Pearson or its affiliates that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pearson or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Pearson.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS AND PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(b) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED;
(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER PEARSON NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.
Limitation of Liability:
IN NO EVENT SHALL PEARSON OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.
Pearson always welcomes suggestions and comments regarding the Service. Any comments or suggestions submitted to the Service or Pearson, either online or offline will become Pearson's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Pearson might seem to others to be similar to their own submissions or comments.
Digital Millennium Copyright Act Compliance:
If you have any copyright concerns about any materials posted on the Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by Pearson, please provide us with written notice ("Notice") by contacting our Designated Agent at the following address:
DMCA Designated Agent
Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit Pearson to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Service ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Service;
- Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Service are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Information; Governing Law:
This Service is owned and operated by Pearson and the contents of this Service are protected by copyright of Pearson and/or its licensors.