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Terms & Conditions

***The terms of use below do not apply to the 2016 Ed Foo participants for any activities done within the Ed Foo space.***

February 1, 2016

This website is owned and operated by Macmillan Learning. Throughout the site, the terms "we," "us" and "our" refer to Macmillan Higher Education.

General Provisions

Macmillan Learning offers this website, including all information, features and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices. The Web is an evolving medium; we may change these Terms of Use from time to time. By continuing to use the service after we post any such changes, you accept the Terms of Use, as modified. We may change, restrict access to, suspend, or discontinue operation of this service, or any portion of this service, at any time.

Macmillan Learning respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

We invite you to bring to our attention any material on this website that you believe to be inaccurate. Please forward a copy of the material tocommunitysupport@macmillan.com, along with an explanation of the error.

Purpose of This Site

The Macmillan Community is an online service to help faculty teach and connect with other faculty. Nothing on this site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product or service of Macmillan Learning.

Your Use of This Site

As a condition to your continued use of the website, you agree that you will not use this website for any purpose or in any manner that is unlawful or prohibited by these Terms of Use.

Personal Registration

Registration is required to participate in the community: to comment, upload and download files, start a discussion, or create a blog. The first time you attempt to do any of these things, or register for an event, you will be prompted to create an account. Registration is open only to college instructors. 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. Users may not have more than one active account. You may not transfer a Macmillan Community account to another party. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. 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.

Registration is limited to college instructors, age 18 or older. By registering, you represent and warrant that you are a college instructor and at least 18 years old. Registration or use of this site by anyone who is not a college instructor and at least 18 years old is a violation of these terms of use.

Signing up for a Macmillan Community account is free, but Macmillan Learning reserves the right to commence charging for services offered on this site, including services you have previously accessed for free, at any time.

You agree that Macmillan Learning may, without or without cause, immediately terminate your Macmillan Community account and/or access to this site, and delete any content or information you have posted, without prior notice in its sole discretion, and shall have no liability of any kind in connection with any such actions.

Accuracy, Completeness and Timeliness of Information on the Site

The material that appears on this site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We are not responsible if information we make available on this site is not accurate, complete or current. The material on this site should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. This site may also contain information provided by third parties, and opinions and views of third parties. We are under no obligation to verify any information provided by third parties, and the opinions and views express by third parties are not those of Macmillan Learning and are not endorsed by us. In the course of using this site, users may provide information about themselves to other users. You understand that Macmillan Learning does 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 or his/her relationships. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Use of Material From This Site

This site and the contents thereof (including but not limited to software, files, graphics and data found on the site) is the property of and owned by Macmillan Learning or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. With respect to materials that are copyrighted in the name of Macmillan Learning or any of its divisions ("W.H. Freeman & Co.", "Worth Publishers", "Bedford/St. Martin's" and/or "Bedford, Freeman & Worth Publishing Group, LLC"), Macmillan Learning grants you a revocable license to display and electronically copy, download and print hard copy versions of the material contained on the site for your personal educational use and for your use as reference material to be made part of lecture presentations you make to students in connection with on-site classroom instruction, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. Macmillan Learning does not purport to grant any rights to materials appearing on this site that are NOT copyrighted in the name of Macmillan Learning or one of its divisions (even if appearing within material copyrighted in the name of Macmillan Learning or one of its divisions, such as a graph, table, photograph, figure or quoted text), including material submitted by any user of the site (even if your browser includes the technical capability for you to copy such material) and Macmillan Learning does not make any representation or warranty of any kind concerning rights in such materials, except that you may include the third party owned materials that appear within material copyrighted in the name of Macmillan Learning or one of its divisions in the copy, download or print out of our materials that you make pursuant to the license granted to you above, in the same context as we originally provided it on this site.

No other use of any of the contents of the site is licensed, and you agree that you will not make any other use of any of the contents of the site, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any of the contents of the site. Without limiting the generality of the foregoing, you agree not to(i) post material from this site or links thereto, to any website or online location, including without limitation intranets, bulletin boards, content aggregators, mail lists, instructor and student communities and chat rooms, homework sites, and other social media sites, or use material from this site for any commercial purpose, which includes, without limitation, (a) selling access to the site or to services or materials on the site, (b) including any material from the site in any website, widget or printed material to which access is sold, or (c) using the site or materials or services on the site for the purpose of earning revenue through subscriptions or advertisements. Requests for permission to reproduce or distribute materials copyrighted in the name of any division of Macmillan Learning (which include W.H. Freeman & Company, Worth Publishers, and Bedford/St. Martin's) should be sent to: Permissions Department, W. H. Freeman & Co./Worth Publishers, 1 New York Plaza, New York, NY 10001 orpermissionsdept@whfreeman.com. Requests for permission to reproduce or distribute materials found on this site which ARE NOT copyrighted in the name of a division of Macmillan Learning must be addressed directly to the copyright holder; we will not respond to such requests.

No Framing. Without the prior written permission of Macmillan Higher Education, you may not frame or establish inline links to any of the content of our website, 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. Requests for permission to frame, or to establish inline links to, or otherwise incorporate our content may be sent to: Permissions Department, BFW Publishing Group, 41 Madison Avenue, New York, NY 10010 or permissionsdept@whfreeman.com.

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.

If you do submit material, and unless we indicate otherwise, you grant Macmillan Learning and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such content throughout the world in any media. You also grant each user of the site a nonexclusive license to access any materials you submit through the site (including content and comments), and to use, reproduce, publish, distribute, display and perform such materials in accordance with the grant of rights to users set forth above in the section entitled Use of Material From This Site. You grant Macmillan Learning and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site's online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy, including without limitation the section entitled "Usage Rules", and will not cause injury to any person or entity; and that, if you submit video content through this site, you have written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. If you submit material through the site to a secret group (a members only/invite only space), we will not publish it beyond that secret group.

Usage Rules

In connection with your use of this website, you agree:

  • 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 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 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 post or make available private information of any third party;
  • Not to use this site as a forwarding service to another website;
  • Not to allow usage by others in such a way as to violate these Terms of Use.

 

Trademarks and Copyrights

 

This site features trademarks, service marks and logos that are the property of Macmillan Higher Education and its affiliates or licensors. The site also may include trademarks, service marks or logos 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 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:Macmillan 175 Fifth Avenue New York, NY 10010 Attention: Legal Department e-mail: Copyrightagent@macmillanusa.comPlease include all of the following in your notification:

  • 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

We may, but are not obligated to, monitor any or all activity and/or content on this site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content or terminating accounts. Without limiting the foregoing, it is our policy to terminate the account of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights. Nothing in this section in any way limits our right to terminate Macmillan Community Accounts, with or without cause, as provided in the section entitled "Personal Registration", above.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. 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.

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 OR TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, 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.

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 LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

 

You agree to indemnify, defend and hold harmless Macmillan Learning and its affiliates, and their officers, directors, members, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms of Use, your violation of any third-party right, or any third-party claim that any material submitted by you caused harm or damage. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Links

 

This website may contain links to other website. 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.

Jurisdiction

 

Macmillan Learning is the doing business as name of Bedford, Freeman & Worth Publishing Group, LLC. Which is is organized under the laws of the State of New York in the United States of America. This site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. By using this site, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this site. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

 

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Macmillan Learning with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

How to Contact Us

 

If you have any questions or comments about these Terms of Use or want to report a violation of these Terms of Use, please click here or write to us at:

 

Bedford, Freeman & Worth Publisher, LLC

c/o Macmillan
175 Fifth Avenue
New York, NY 10010

Attention: Legal Department