(Last updated: May 2018)
If you do not agree to this Agreement, you may not access or otherwise use the Sites or the Services.
PROPRIETARY SERVICES FOR REGISTERED USERS.
MHE operates electronic platforms/systems including mobile applications that enable students, instructors, and administrators of educational institutions to access and use certain online products and services offered by MHE (the “Services”) through our Sites. The material on our Sites include general non-proprietary information available to all users of our Sites, but in order to access and use the Services you will be required to register on our Sites or through your educational institution. If you register to use the Services on behalf of your educational institution, you will be required to agree to additional terms and conditions in connection with the registration process (the "Terms of Service").
USER INFORMATION, COPPA.
During the course of your use of the Services, you may be asked to provide certain personal information to us in order to provide you with the Services. Our information collection and use policies with respect to the privacy of such personal information are set forth in our Privacy Notice. You acknowledge and agree that between you and MHE, you are solely responsible for the accuracy and content of your personal information, and you agree to keep it up to date.
In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age without the consent of their educational institution or the child’s parent or guardian. If an educational institution with students that are under thirteen (13) years of age uses our Services, the educational institution may also provide us with personally identifiable information about its students. We use student information to provide the Services to the educational institution and its students, consistent with our Privacy Notice.
ACCESS TO MHE CONTENT.
We may provide you with access to content and information related to the Services (the "MHE Content"). All use of the MHE Content is subject to the terms herein as well as any additional terms agreed to by the parties in connection with such MHE Content and/or posted on the Site for such MHE Content, including, without limitation, any prohibitions on distribution of the MHE Content to students or third parties. You may not share or distribute to a third party any screen name or password for accessing the Services or the MHE Content. You may access and use materials from the Services and/or the MHE Content for your own research or study only. You agree that you will not otherwise copy, transmit, rent, forward, lend, sell, or modify any materials from the Services and/or the MHE Content or modify or remove any proprietary notices contained therein, or create or enable the creation of derivative works based thereon. You may not use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Services or the MHE Content. You may not engage in systematic retrieval of content from the Services or the MHE Content to create or compile, directly or indirectly, a collection, compilation, database or directory. You may not disseminate any portion of the Services or the MHE Content through electronic means, including mail lists or electronic bulletin boards. Except for the limited access license granted you, all rights in the MHE Content are reserved by MHE, and you acquire no right, title or interest in any such content.
COMMUNICATIONS TO MHE.
Although we encourage you to e-mail us, you should not e-mail us anything that contains confidential information or personally identifiable information. Please refer to the Privacy Notice with regard to how we handle your personal information. By e-mailing us or otherwise providing content to us or posting content to the Sites or the Services including but not limited to feedback, questions, comments, suggestions, and the like (“User Content”), you agree to be bound by our User Content Submission Agreement and we shall be free to use any non-personally identifiable ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information. You own the rights to anything you post to the Sites or the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all non-personally identifiable submissions you provide to us, in any media now known or hereafter devised.
In using the Sites or Services, you agree you will not: (a) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (b) post advertisements or solicitations of business; (c) impersonate another person; (d) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MHE all of the license rights granted herein; or (e) submit material that is unsuitable for minors in any country. MHE does not and cannot review all User Content or Service Uploads, and is not in any manner responsible for such content. MHE reserves the right, but not the obligation, to refuse to post, block or remove communications or materials for any reason in its sole discretion and to terminate your access to our Sites and/or the Services to prevent further posting or distribution of any such communications or materials, and MHE may, but is not obligated to, report any of your communications or materials to your educational institution.
WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES, MHE CONTENT OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITES OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITES, THE MHE CONTENT, AND THE SERVICES AT YOUR OWN RISK. OUR SITES, MHE CONTENT AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MHE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. MHE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SITES, MHE CONTENT AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
Our Sites may contain links to third-party applications or websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. When you access an External Website, MHE has no control over its content, applications, or services. We do not make any representations regarding the accuracy or quality of such content or the accessibility of such External Websites and the materials contained therein, and we disclaim all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such External Websites.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, service providers, and assignees harmless from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of this Agreement or your access to, use, or misuse of the MHE Content, our Sites, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
We respect the intellectual property rights of others, and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: Legal Department, McGraw-Hill Education, 2 Penn Plaza, New York 10121. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) 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 the copyright owner's behalf.
COMPLIANCE WITH APPLICABLE LAWS.
We control and operate our Sites from our offices in the United States of America. We do not represent that materials on our Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
TERMINATION OF THE AGREEMENT.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the “Termination of the Agreement” provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to MHE,” “No Warranties,” “Indemnification,” “Liability,” “Compliance With Applicable Laws,” “Termination of the Agreement,” and “Miscellaneous.” Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Last modified August 17, 2018
You also agree to the following:
As between you and us, you represent that you own all User Content, or have the rights and permissions to give us the license described herein. You hereby grant us permission and an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, reproduce, display, copy, distribute, publish, perform, sublicense, translate, create derivative works from, make available and otherwise exploit all User Content you provide to us, including but not limited to on our webpages and social media pages and in any and all other customer communications, marketing, promotional and advertising initiatives, including for commercial purposes, and in any media now known or hereafter devised. By submitting the User Content you agree to also allow us to feature personal information in connection with any use of your User Content, such as your name, voice, likeness, photograph, username, social media handle, accompanying text, location and other identifying information; however, we have no obligation to attribute any authorship in the User Content to you. Information you submit with User Content is subject to our Privacy Notice. The foregoing licenses shall survive termination of these Terms for any reason. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information. These licenses will survive the termination of these Terms and your use of the Site.
We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote MHE. No payment, royalty or compensation of any kind, or permission, notification or attribution, is due to you or to anyone else for our use of your User Content. Any User Content submitted to us through a social media service must be submitted in accordance with all terms and conditions of the applicable social media service. You are responsible for your registration, use, and any costs related to your use, of any third party service used to submit User Content, and MHE will not have any responsibility therefor.
You hereby release MHE from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any permitted use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. You also forever waive and relinquish all moral rights now or hereafter recognized in connection with your User Content and the rights granted to MHE hereunder. You represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You agree to indemnify and hold us and our affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content.
Rules for Promotions
Any sweepstakes, contests, challenges, surveys, raffles or other promotions (collectively, "Promotions") made available through the Site or otherwise may be governed by specific rules that are separate from these Terms. If you participate in any Promotion, please review the applicable rules as well as our Privacy Notice as by participating in the Promotion you will become subject to its applicable rules which may vary from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.