Pearson Collections Terms & Conditions
PLEASE READ THE FOLLOWING CAREFULLY
IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.
Pearson Education, Inc. and its subsidiaries and affiliates (“Pearson”) are providing you this site and its related applications and services (collectively, “Service”). The Service may be delivered to you through the Internet via your browser or app (mobile or otherwise).
PLEASE NOTE THAT THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES OF OTHER PEARSON AND THIRD PARTY PRODUCTS AND SERVICES LINKED TO OR FROM THIS SERVICE MAY VARY FROM THE TERMS HEREIN SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER PRODUCTS AND SERVICES PRIOR TO USE.
Any personal information collected through this Service will be collected, used and handled in accordance with our Privacy Statement.
Authorized User License:
Pearson will use the email address you provide to communicate with you in connection with the Service. Pearson is committed to compliance with Canada’s Anti-Spam legislation in accordance with Pearson Canada’s Anti-Spam Policy.
Access to the Service may require 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 for which it is purchased and is otherwise non-transferable. Subscriptions are 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.
Custom Print Service:
As part of the Service, Pearson offers certain Authorized Users, such as teachers, professors and other faculty, the ability to access a limited library of Elements (as defined below), as determined by Pearson, for the purpose of creating customized textbooks and other material in print form to be published by Pearson and to be sold and distributed to faculty and students directly and/or through the traditional bookstore channel (“Custom Print Material”). Subject to the provisions governing “Uploads” below, Authorized Users may include Uploads in the Custom Print Material. The procedure for ordering Custom Print Material and terms of sale to be applied shall be in accordance with Pearson’s standard terms and pricing at the time of ordering.
Excluding any rights related to Uploads, Authorized User acknowledges and agrees that she/he shall not acquire any intellectual property or other proprietary ownership rights in any of the Custom Print Material. To the extent Authorized User creates and assembles any Custom Print Material, Authorized User hereby irrevocably grants, assigns, transfers, releases and conveys to Pearson, in perpetuity and from the moment of creation of the applicable Custom Print Material, all right, title and interest in and to the Custom Print Material (excluding Uploads), as well as all intellectual property and other proprietary rights embodied in or pertaining to any of the foregoing, and the sole and complete right to reproduce, copy, publish, modify, customize, prepare derivative works of, exploit and/or otherwise use the Custom Print Material in perpetuity, throughout the world, in any and all languages, and in any and all formats and media, now known or hereafter created, alone or combined with any other material.
License and Limitations:
Included in the Service is a library of assets (“Library”) containing text, images, graphics, video and audio (collectively, “Elements”) that certain Authorized Users can incorporate into instructional material. Such Elements are either (i) owned by Pearson or are being used with permission from third party rights holders (“Limited Elements”) or (ii) subject to a Creative Commons license(“CCL Elements”).
Usage rights to the CCL Elements are governed by the applicable Creative Commons license.
Under no circumstances may a user of the Service (i) frame or utilize framing techniques to enclose any part of the Service or any Element (excluding CCL Elements); (ii) gather, obtain, use, access or otherwise copy any part of the Service or any Element (excluding CCL Elements) by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) 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 (iv) engage in any activity that interferes with another user’s access, use or enjoyment of this Service.
Representation and Warranty:
You hereby represent and warrant that your Uploads shall not contain any viruses or other contaminating or destructive devices or features; that your Uploads will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Uploads will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You further represent and warrant that you either (i) have all necessary rights in and to the Uploads and all material they contain to be used in connection with the Service and that your Uploads shall not infringe any intellectual, proprietary or other rights of third parties (“Cleared Uploads”), or (ii) have disclosed during the upload process that you do not have the necessary rights to use the Uploads in connection with the Service, in which case the Uploads will need to be either cleared through the Copyright Clearance Center or permission for the necessary rights must be obtained from the rights holders in order to use the Uploads with the Service (“Limited Uploads”). YOU SHALL NOT USE YOUR LIMITED UPLOADS AS PART OF THE SERVICE UNLESS ALL NECESSARY RIGHTS TO SUCH MATERIAL HAVE BEEN CLEARED TO BE USED IN THE SERVICE.
When you submit a Cleared Upload to the Service, you will be given the option to make such Cleared Upload either discoverable or non-discoverable by other Authorized Users. If you choose to make such material discoverable, then other Authorized Users will be able to search for, access and use such material for their instructional purposes within the Service. If you choose to make such material non-discoverable, then the material will be available for inclusion in your Digital Collections for use in your designated classes and other Authorized Users will not be able to search for or discover such material within the Service. After initial upload, you may change this setting by accessing the “Modify this Resource” screen for that particular Upload at anytime. When you submit a Limited Upload to the Service, such material will be designated as non-discoverable.
PLEASE NOTE THAT ALL UPLOADS DESIGNATED AS DISCOVERABLE WILL REQUIRE YOU TO SUBJECT SUCH UPLOAD TO THE TERMS OF THE CREATIVE COMMONS ATTRIBUTION LICENSE (CC-BY). FURTHER NOTE THAT ONCE AN UPLOAD IS SUBJECT TO THE CC-BY LICENSE WITHIN THE SERVICE IT WILL PERPETUALLY REMAIN SUBJECT TO SUCH LICENSE EVEN IF YOU LATER CHANGE THE DESIGNATION OF THE UPLOAD TO NON-DISCOVERABLE.
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 OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY PEARSON OR ITS LICENSORS AND PEARSON AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(b) NEITHER PEARSON NOR ITS LICENSORS MAKE ANY WARRANTY OR CONDITION 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; AND
(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, USA 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.
Choice of Law and Forum.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any and all actions, disputes or controversies relating to the Agreement or the Website will be decided by courts of competent jurisdiction, and You consent to the jurisdiction and venue of those courts and irrevocably consent to the service of process via email and/or delivered personally or mailed by certified or registered mail, return receipt requested, at the mailing address set forth in Your registration information. This Agreement, Your and Pearson’s rights and obligations under the Agreement, and any disputes or disagreements regarding the Website will be governed by and construed subject to the choice of law and forum selection provisions below; provided, however, that nothing in this paragraph is intended to limit or contravene the applicability of the local privacy and data security regulations which would otherwise govern the collection, disclosure and use of Your Personal Information.
a. If You reside in the US or have registered to use a Website provided by a US-based Pearson company , this Agreement shall be governed and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York in the event of any claim arising from Your use of the Website or this Agreement If You are an office, agency or branch of the United States Government, You are provided the Website as a commercial item and with only those rights as are set forth in this Agreement, pursuant to 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227-7202-4, and corresponding sections of applicable and corresponding agency Federal Acquisition Regulations ("FARs").
b. If You reside in Canada or have registered to use a Website provided by a Canada-based Pearson company , this Agreement shall be governed and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in the province of Ontario in the event of any claim arising from Your use of the Website or this Agreement.
c. If You reside outside of the US and Canada or have registered to use a Website provided by a Pearson company doing business outside of the US and Canada, this Agreement shall be governed and construed in accordance with the laws of England, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in England in the event of any claim arising from Your use of the Website or this Agreement.
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
This Service is owned and operated by Pearson and the contents and systems of this Service are protected by copyright and other proprietary rights of Pearson and/or its licensors.