DynamicBooks

dynamicbooks.com Website/Related Applications Terms of Use

Effective Date: July 1, 2015

This website and related applications are owned and operated by Dynamic Books, a division of Sapling Learning (“Dynamic Books”).

General Provisions

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE, AND ANY RELATED APPLICATIONS. PLEASE READ IT CAREFULLY.

Dynamic Books offers this website and related applications, tools, functionality, and/or other features and services available through this site and/or applications, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (the “Terms of Use” or “Agreement”). Your continued use of the website and/or applications constitutes your agreement to all such terms, conditions, policies and notices.

Dynamic Books respects the privacy of our users. Please take a few minutes to review the privacy notice applicable to this site.

Purposes of Our Site

This site and related applications are operated for the purpose of providing educational resources, services, tools, and functionalities related thereto (“Dynamic Books Services”), subject to these Terms of Use.

Personal Registration for Dynamic Books Services

Participants/Students

You are required to register for an account before you can use Dynamic Books Services. \Once registered, you are responsible for maintaining the confidentiality of your account’s login credentials, and remain responsible for all activities that occur under your account with or without your knowledge. If you knowingly provide your login credentials 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 Dynamic Books of any unauthorized use of your account or any other breach of security. Dynamic Books will not be liable for any loss or damage arising from your failure to comply with this section.

Access to Dynamic Books Services may be purchased using a credit card or PayPal online or through bookstores that sell access cards with printed access ID codes. Your access to Dynamic Books Services will continue until your subscription time expires (unless sooner terminated pursuant to this Agreement). Purchases of access to Dynamic Books Services are non-refundable. Once an account is created with Dynamic Books, it is non-transferable to another user.

You agree that if you violate these Terms of Use Dynamic Books may immediately terminate your account and access to Dynamic Books Services.

Upon expiration or termination of your account, you will have no further rights in or access to Dynamic Books Services, provided however that unless termination of your account was due to a breach of these Terms of Use, you will continue to have limited access to your account to enable you to change your account settings and purchase additional subscription time.

Facilitators/Instructors

You are required to register for an account before you can use Dynamic Books Services. Once registered, you are responsible for maintaining the confidentiality of your account’s login credentials, and remain responsible for all activities that occur under your account with or without your knowledge. 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 Dynamic Books of any unauthorized use of your account or any other breach of security. Dynamic Books will not be liable for any loss or damage arising from your failure to comply with this section.

Information and Functionality on the Site and/or Related Applications

The material that appears on this site and/or related applications is for informational purposes only. Any reliance on the material on this site and/or related applications is at your own risk. This site and/or related applications may contain information provided by other users (including your facilitators/instructors). Dynamic Books will not verify the accuracy of any information submitted by users, and the opinions and views expressed by users are not those of Dynamic Books and are not endorsed by us. Dynamic Books does not make any representation or warranty regarding rights in materials submitted by users. In the course of using this site and/or applications, users may provide information about themselves to other users. You understand that Dynamic Books 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 site and/or related applications in our sole discretion.

Use of Materials From This Site

This site, related applications and their respective contents, including but not limited to all tools, software, files, graphics and data (the “Materials”) are the property of and owned by Dynamic Books or its licensors and are protected by copyright, trademark and other laws of the United States and other countries. Dynamic Books grants you a personal, revocable, non-exclusive and non-transferable right to access and display the Materials for your own personal, non-commercial use. You may not access this site and/or related applications through a single account on more than one computer or computer system or device 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 and/or related applications. Dynamic Books does not purport to grant any rights to materials appearing on this site and/or related applications that are not copyrighted in the name of Dynamic Books, including material submitted by any user of the site and/or related applications and does not make any representation or warranty of any kind concerning rights in such materials.

You agree that you will not make any use of the Materials except as expressly permitted by these Terms of Use, 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 part of the Materials. Without limiting the generality of the foregoing, you agree not to use the Materials for any commercial purpose, which includes, without limitation, (i) selling access to Dynamic Books Services or the Materials, (ii) including any Materials in any website, widget or printed material to which access is sold, or (iii) using the Materials or Dynamic Books Services for the purpose of earning revenue through subscriptions or advertisements. For information on where to request permission to reproduce or distribute materials copyrighted in the name of Dynamic Books, refer to the contact information at the end of this document. Requests for permission to reproduce or distribute materials accessed through this site and/or related applications which ARE NOT copyrighted in the name of Dynamic Books must be addressed directly to the copyright holder; we will not respond to such requests.

No Framing. Without the prior written permission of Dynamic Books, you may not frame or establish inline links to any Dynamic Books Services or Materials which require registration to access, nor may you incorporate into another website or other product or service any intellectual property of Dynamic Books 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 online content may be sent using the contact information at the end of this document.

Material You Submit

Your questions, responses, and response feedback will be transmitted to/from facilitators/instructors and participants/students and stored on Dynamic Books servers. You may not upload to, distribute, submit or otherwise publish through this site and/or related applications any content that violates any of the Usage Rules, below.

If you are a facilitator/instructor or participant/student submitting materials for use in connection with a course, you grant Dynamic Books and its affiliates the right to use, reproduce, distribute, display and perform such materials in connection with the course on this site, any successor site and/or any related applications.

With respect to any materials you submit through this site and/or related applications (“User Content”):

  1. You represent and warrant that: you own or otherwise control all necessary rights to grant the rights you grant hereunder; and that you have not violated the section entitled “Usage Rules”, below.
  2. 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 and/or related applications without any prior notice to you.

Usage Rules

In connection with your use of this Site and/or related applications, you agree:

  • Not to submit 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 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 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 otherwise use this site and/or related applications 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 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 and/or related applications or use user information obtained through this site and/or related applications for marketing or other commercial purposes, or use this site and/or related applications to post or transmit “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
  • Not to submit 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 and/or related applications, or that would damage, compromise the security of, or disrupt this site, related applications or any connected network;
  • Not to use this site and/or related applications 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 use this site for the purposes of monitoring functionality, performance, or other benchmarking for competitive analysis.
  • Not to allow usage by others in such a way as to violate these Terms of Use.

Trademarks and Copyrights

This site and/or related applications features trademarks, service marks and logos that are the property of Dynamic Books and its affiliates or licensors. The site and/or related applications 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/or related applications and all contents thereof, 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:

Dynamic Books
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: General Counsel
e-mail: copyrightagent@macmillanusa.com

Please include all of the following in your notification:

  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. a description of the copyrighted work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site;
  4. your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  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
  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.

Monitoring and Termination; Repeat Infringers

We may, but are not obligated to, monitor any or all activity and/or content on this site and/or related applications. 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 accounts, as provided in the section entitled “Personal Registration for Dynamic Books Services”, above.

DISCLAIMERS

YOUR USE OF THIS SITE AND/OR RELATED APPLICATIONS IS AT YOUR SOLE RISK. THE SITE AND ANY RELATED APPLICATIONS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DYNAMIC BOOKS 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 AND/OR RELATED APPLICATIONS ARE NONINFRINGING; THAT ACCESS TO THE SITE AND/OR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE AND/OR RELATED APPLICATIONS WILL BE SECURE; THAT THE SITE AND/OR RELATED APPLICATIONS OR THE SERVER THAT MAKES THE SITE AND/OR RELATED APPLICATIONS AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE AND/OR RELATED APPLICATIONS WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE AND/OR RELATED APPLICATIONS, 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 DYNAMIC BOOKS OR THROUGH OR FROM THE SITE AND/OR RELATED APPLICATIONS SHALL CREATE ANY WARRANTY OF ANY KIND. DYNAMIC BOOKS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE AND/OR RELATED APPLICATIONS 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 DYNAMIC BOOKS NOR ANY OF ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, OR THIRD PARTY SERVICE 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 AND/OR RELATED APPLICATIONS OR ANY OTHER SITE AND/OR RELATED APPLICATIONS YOU ACCESS THROUGH A LINK FROM THIS SITE AND/OR RELATED APPLICATIONS 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 DYNAMIC BOOKS OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN THE AMOUNT IT RECEIVED FOR YOUR SUBSCRIPTION TO THIS SITE AND/OR RELATED APPLICATIONS. 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/OR RELATED APPLICATIONS, 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.

Indemnification

You agree to indemnify, defend and hold harmless Dynamic Books, its affiliates and licensees, and its and their officers, directors, members, employees, contractors, other agents and customers from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from (i) any violation of these Terms of Use, (ii) any claim that you have violated any third-party right or that any material submitted by you caused harm or damage to a third party. If you cause a technical disruption of the site and/or related applications or the systems transmitting the site and/or applications to you or others, you agree to be responsible for any and all loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from that disruption.

Links

This site and/or related applications may contain links to other websites. 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

Dynamic Books is organized under the laws of the State of New York in the United States of America. 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/or related applications, 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 and/or related applications, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of this site and/or related applications. We recognize that it is possible for you to obtain access to this site and/or related applications from any jurisdiction in the world, but we have no practical ability to prevent such access. This site and related applications have been designed to comply with the laws of the State of New York and of the United States. If any material on this site and/or related applications, or your use thereof, is contrary to the laws of the place where you are when you access it, the site and/or related applications is not intended for you, and we ask you not to use the site and/or related applications. 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 and/or related applications 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 Dynamic Books with respect to use of the website, any related applications, the contents respectively thereof and the Dynamic Books Services, 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 and/or related applications 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 contact us at contact@dynamicbooks.com.

Write us at:

Dynamic Books
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department