Effective Date: April 2020
This website is owned and operated by Macmillan Learning.
Personal Registration for Services
We may permit you to browse, access and use certain Services without registration. You are required to register, however, in order to be able to access and use the Educational Products, download content from the Educational Products or Catalog Site or purchase digital content from the Student Store (collectively, “Downloaded Content”), register for an event, post comments on any Community Site and /or engage in certain other activities in connection with the Services. The first time you sign in to a Services account, you will be prompted to register. 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 us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
If you are a student you are generally required to purchase access to Educational Products for the applicable purchase price and duration and to validate your account on our site (unless you are granted access through your school’s site license). If you are a student, your access to and use of an Educational Product is for the applicable section or course and for the duration of the applicable subscription period. We may also provide certain free Services to students, which may be for limited or trial duration, and which require registration.
Information and Functionality on the Site
Any information or content provided on or through the Services is for informational purposes only. Any reliance on such information or content is at your own risk. Certain Services may contain information provided by other users of such Services. 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 and are not endorsed by us. Macmillan Learning does not make any representation or warranty regarding rights in materials submitted by users. Further, 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.
We reserve the right to modify, add or remove content, features and/or functionality available through the Services (including for clarity in our Educational Products) in our sole discretion.
Use of Materials Materials from the Services
These Services 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 Services for your own personal, non-commercial use; in the case of Educational Products, such license is limited to the period of your subscription; in the case of resources provided to instructors (including Downloaded Content (including Assessment Materials and Instructor Resources as defined below)), such license is restricted to individuals who are instructors who have registered and remain authorized as such by Macmillan Learning (“Authorized Instructors”) and individuals assisting instructors and under their direction (“Instructor Assistants”).
You may not access the Services through a single account on more than one computer or computer system concurrently. Multiple use configurations and network distribution of the Services or any content or features of the Services are expressly prohibited. You may not modify or delete any copyright, trademark or other proprietary notice that appears on the Services or any Downloaded Content. If the functionality of the Services permits, you may also create and save bookmarks, highlights and annotations to content in the Services. Macmillan Learning does not purport to grant any rights to third party content appearing in the Services, including content submitted by any user of the Services, and does not make any representation or warranty of any kind concerning rights in such content, except that you may access and display such content provided by us within the Services in the same context as we originally provided it in the Services pursuant to the license granted to you herein with respect to the Services.
Assessment Materials.The following additional provisions apply with respect to materials provided to instructors or for use by instructors (including Downloaded Content) consisting of test banks, questions and answers, quizzes, homework assignments, and other similar materials, whether provided to you through the Services or through other means such as e-mail, CD, print or otherwise, and whether provided to you directly by us or through a third-party platform or distributor (“Assessment Materials”). Macmillan Learning hereby grants Authorized Instructors a personal, revocable, non-exclusive and non-transferable right to use Assessment Materials for non-commercial use solely for the limited purpose of assessing the learning of students enrolled in a class for which the particular edition or version of the textbook or Educational Product(s) to which these Assessment Materials relate has been adopted and is in use (the “Adopted Work”), subject to the following limitations: (i) you will not make the Assessment Materials publicly available nor available in any format to anyone other than such students or to your Instructor Assistants, and (ii) you will not post or upload the Assessment Materials, or links thereto, to any website, online location or platform, including without limitation intranets, bulletin boards, content aggregators, instructor and student communities and chat rooms, homework sites, study sites, or social media sites, or otherwise distribute or use the Assessment Materials in digital format, except that you may post the necessary portions of the Assessment Materials to secure, password protected platforms authorized by Macmillan Learning with access limited to such students. In addition, Macmillan Learning hereby grants Authorized Instructors a personal, revocable, non-exclusive and non-transferable right to access and display Assessment Materials for non-commercial use solely for the limited purpose of evaluating whether or not to adopt and use the particular edition of version of the textbook or Educational Product(s) to which these Assessment Materials relate; this grant for evaluation purposes does not include, and explicitly excludes: the right to use the Assessment Materials for the purpose of assessing the learning of students; the right to copy, print, modify, or make derivative works of the Assessment Materials; and/or the right to distribute, transmit, perform, broadcast, publish, or make available the Assessment Materials to anyone, including without limitation students.
Instructor Resources.The following additional provisions apply with respect to materials provided to instructors or for use by instructors (including Downloaded Content) other than Assessment Materials, such as lecture slides (“Lecture Slides”), instructor teaching resources, activities designated or clearly intended for classroom or homework use (“Activities”) and/or image slides/galleries containing photos, figures and/or tables (“Image Galleries”), whether provided to you through the Services or through other means, such as e-mail, CD, zip files, print or otherwise, and whether provided to you directly by us or through a third-party platform or distributor (collectively, “Instructor Resources”). Macmillan Learning hereby grants Authorized Instructors a personal, revocable, non-exclusive and non-transferable right to use Instructor Resources for non-commercial use solely for the limited purpose of instructing students enrolled in a class for which the Adopted Work to which these Instructor Resources relate has been adopted and is in use, including the right to modify the Lecture Slides and Activities, and to use the original or modified Lecture Slides and Activities for instructing such students, subject to the following limitations: (i) Image Galleries may only be used by Authorized Instructors and only for the limited purpose of modifying Lecture Slides or Activities, (ii) you will not make the Instructor Resources publicly available nor available in any format to anyone other than such students or to your Instructor Assistants, and (ii) you will not post or upload the Instructor Resources, or links thereto, to any website, online location or platform, including without limitation intranets, bulletin boards, content aggregators, instructor and student communities and chat rooms, homework sites, study sites, or social media sites, or otherwise distribute or use the Instructor Resources in digital format, but you may post the necessary portions of the Instructor Resources, including the original or modified Lecture Slides and original or modified Activities but excluding the Image Galleries to secure, password protected platforms authorized by Macmillan Learning with access limited to such students. In addition, Macmillan Learning hereby grants Authorized Instructors a personal, revocable, non-exclusive and non-transferable right to access and display the Instructor Resources for non-commercial use solely for the limited purpose of evaluating whether or not to adopt and use the particular edition of version of the textbook or Educational Product(s) to which these Instructor Resources relate; this grant for evaluation purposes does not include, and explicitly excludes: the right to use the Instructor Resources for the purpose of instructing students; the right to copy, print, modify, or make derivative works of the Instructor Resources; and/or the right to distribute, transmit, perform, broadcast, publish, or make available the Instructor Resources to anyone, including without limitation students.
E-books. We reserve the right to limit the number of devices onto which an e-book may be downloaded. You will be entitled to download the e-book during the term that applies to the license for the e-book that you purchased.
Permission Requests. For information on where to request permission to reproduce or distribute materials of Macmillan Learning or any of its divisions, click here. Requests for permission to reproduce or distribute third party materials included in the Services (including for clarity items within the Image Galleries unless listed as being owned by Macmillan Learning or any of its divisions) must be addressed directly to the copyright holder; we will not respond to such requests.
No Framing. Without the prior written permission of Macmillan Learning, you may not frame or establish inline links to any Services, 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 our websites is strictly prohibited. Requests for permission to frame, or to establish inline links to, or otherwise incorporate our online content may be sent here.
Material You Submit
Certain Services may permit Users to submit or upload materials or responses in connection with the Services (“User Content”). With respect to any User Content that you submit or upload (“Your Content”), you acknowledge that you are responsible for Your Content, including the legality, reliability, appropriateness, originality and copyright of any such material and you must ensure that you have all the rights and permissions needed to use Your Content in connection with the Services. Macmillan Learning does not assure, and has no responsibility for, the accuracy, legality, reliability, appropriateness, quality or confidentiality of any of Your Content (or any other User Content submitted by other users). You acknowledge that we do not have any obligation to pre-screen Your Content or other User Content, but may do so in our sole discretion. You may not upload to, distribute or otherwise publish through the Services any content that violates any of the Usage Rules, below.
If you are an instructor or student submitting Your Content for use in connection with a course, you grant us and our affiliates the irrevocable, royalty-free, sub-licensable, transferable, worldwide, perpetual right to use, reproduce, distribute, display and perform Your Content in connection with the course. You also grant each user in the relevant course a non-exclusive license to access Your Content for use in such course and to use, reproduce, publish, distribute, display and perform Your Content in accordance with the grant of rights to users set forth above in the section entitled <Use of the Materials From the Services.
You also grant us the right to use Your Content including your personal information related thereto pursuant to the limited uses and terms set out in our Privacy Notice. This license for such limited purposes continues even after you stop using our Services with respect to aggregated and/or de-identified data derived from Your Content and any residual copies of Your Content made in the ordinary course of our business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you.
Whenever you submit Your Content to a Community Site, you grant us and our affiliates the irrevocable, royalty-free, sub-licensable, transferable, worldwide, perpetual right to use, reproduce, modify, adapt, translate, create derivative works from, distribute, display and perform Your Content in any medium. You also grant each user of the Community Site who is an instructor or administrator of an educational institution a personal, non-exclusive license to access any of Your Content you submit through the Community Site and to use, reproduce, distribute, display and perform Your Content for instructional purposes in accordance with the grant of rights to users set forth above in the section entitled Use of Materials from the Services. Your Content that you submit through the Community Site (including content and comments and your user name) may be viewed by the public.
With respect to any of Your Content that you submit through any Service:
- You acknowledge that you are solely responsible for any royalties or other payments due for use of Your Content.
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content; specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- You acknowledge that if in our opinion Your Content raises any legal risks, we have the right, in our sole discretion and without limiting any other remedy available to it, to remove or exclude Your Content from the Services without any prior notice to you.
In connection with your use of the Services, including in particular Educational Products and Community Sites, 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) or already have 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 or use user information obtained through the Services 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 the Services, or that would damage, compromise the security of, or disrupt the Services or the servers or any connected network through which they are provided;
- Not to use the Services to collect personal information about individuals;
- Not to post or make available private information of any third party;
- Not to use the Services as a forwarding service to any other website;
- If your use of the Services requires you to comply with specific regulations applicable to such use, you will be solely responsible for such compliance. For example, you may not use the Services to collect protected, sensitive or special categories of data about your students without obtaining the requisite consents under the applicable laws such as the Pupil Rights Amendment Act or GDPR Article 9. For our FERPA, FIPPA and GDPR compliance with respect to our handling of your personal information for you as a service provider, see our Privacy Notice.
Ownership; Trademarks and Copyrights
All right, title and interest in the Services and any and all text, design, graphics, interfaces and code, and the selection and arrangement thereof, are the exclusive property of Macmillan Learning and/or our affiliates and licensors, excluding User Content. The Services feature trademarks, service marks and logos that are the property of Macmillan Learning and its affiliates or licensors. The Services 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. The Services and any and all text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected under the copyright laws of the United States and other countries.
You may from time to time choose, either through the Services or otherwise, to provide suggestions, comments, improvements, ideas or other feedback or materials to us related to the Services, including corrections to the Services (collectively, “Feedback”). If you choose to provide any such Feedback, you hereby assign and agree to assign all right, title and interest in and to such Feedback to us, and you acknowledge that we will be entitled to use, implement and exploit any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.
Intellectual Property Rights of Others
WWe respect the intellectual property rights of others, and we request that our visitors and users do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us at:
Bedford, Freeman & Worth Publishing Group, LLC
120 Broadway 22nd Floor
New York, NY 10271
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 THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ON BEHALF OF OURSELVES AND OUR AFFILIATES AND LICENSORS 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 THE SERVICES ARE NONINFRINGING; THAT ACCESS TO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES AND THE SERVER THAT MAKES THEM AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY DOWNLOADED CONTENT FROM US, 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 DOWNLOADED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR DOWNLOADED CONTENT IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
APPLICABLE LAW IN CERTAIN JURISDICTIONS 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 WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY CONTENT OR TECHNOLOGY LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THE FOREGOING EXCLUSION INCLUDES 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 AND/OR RELATING TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES.
UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT WE RECEIVED FOR YOUR ACCESS TO THE SERVICES. 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 SERVICES 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. IN SUCH JURISDICTIONS, OUR RESPECTIVE LIABILITY AND OUR AFFILIATES AND LICENSORS’ RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Account Termination and Effect
Upon expiration, termination or cancellation of your account, (i) all licenses to the Services will immediately terminate, you will have no further rights to access or use the Services (excluding any use of Your Content), and you shall immediately and permanently delete or destroy all copies of any Downloaded Content (excluding Your Content and except that you are not required to delete purchased content for which you purchased a perpetual license) you downloaded through the Services, (ii) we may delete any of Your Content that you have submitted, and (iii) we will have no further rights in Your Content (except with respect to Your Content submitted to the Community Site and except that we may continue to store back-up copies of Your Content indefinitely.
How to Contact Us
Macmillan Learning c/o Macmillan
120 Broadway, 22nd Floor
New York, NY 10271
Macmillan Learning is a group name for Bedford, Freeman & Worth Publishing Group, LLC (Bedford St. Martin’s, WH Freeman and Company, Worth Publishers, Late Nite Labs, iClicker, Sapling Learning), Skyfactor, Intellus Learning, and Hayden-McNeil LLC, and is used herein to refer to each entity individually and collectively.
All content ©2020 Macmillan Learning