Springboard into Comprehension Interactive Digital Books Terms and
Conditions
These
Terms and Conditions ("Terms") apply to the springboardintocomprehension.com.au
website (hereafter "the Site"). They apply regardless of the means of
delivery of the Site to you. The Community
Guidelines, Legal
Notice and Privacy
Policy are also incorporated here by reference.
Thank you
for visiting the Site. In consideration of us making the Site and its
functionality available for your use, you accept and agreed to be bound by
these Terms. If you do not accept these Terms, do not use the Site. We may
change these Terms from time to time, so you should review them each time that
you visit the Site. You should print a copy of these Terms for future
reference.
Index
- About
us
- Using the Site
- Linking to the Site
- Registration
- Your Content – what we are
allowed to do
- Your Content - what you are not
allowed to do
- Suspending or terminating your
registration
- Third party content and links
available on the Site
- Infringement of Intellectual
Property Rights
- Your personal information
- Corporate and individual
subscriptions and manuscript submissions
- Our liability
- Maintenance of the Site
- Validity of these terms
- Jurisdiction and applicable law
1. About us
- The Site is operated by
Macmillan Education Australia Pty Ltd. You can contact us using the
following email address: primarydigitalsupport@macmillan.com.au (please
include the words "Springboard into Comprehension" in the
subject line).
2. Using the
Site
- You may view (and, where
applicable, listen to) the content available on the Site for education
purposes only. Any commercial use of the Site is strictly forbidden and
these Terms and Conditions shall be construed accordingly.
- Content available on the site
is made available in individual products. Each time you acquire the right
to use a product, you will agree to access the product under a Site Licence.
- Unless otherwise stated in
these Terms, you must not (whether directly or indirectly) (a) distribute,
sell or offer to sell all or any part of the Site or any content, files or
data from the Site; or (b) copy, download, or store any content, files or
data from the Site to make or populate a database or publication of any
kind whatsoever.
- Once you have been granted a
Site Licence to a product, the following terms
will apply:
- You
and any employees and/or students of your institution may access the Site
from within your institution or any other computer, including at home,
for use in lessons, seminars, homework, individual study and any other
reasonable pedagogic purpose.
- You
may reproduce individual resources (for example, lesson plans or
worksheets) in printed hard copy for use within your own institution and
by students and teachers within your institution.
- You
may cache any of the content of the site on local machines or networked
caching servers to improve access times to the Site, so long as such
caching servers do not operate as part of a managed or virtual
environment (see below).
- You
may not incorporate any part of the Site into electronic course packs or
virtual and/or managed environments (including but not limited to virtual
learning environments, managed learning environments, virtual research
environments and library environments) without the express prior written
permission of Macmillan Publishers or an organisation
within the Macmillan Education Group. Please contact your local Macmillan
Education organisation for details of such
permissions, which are available. You may provide links to the Site from
within such environments.
- You
may not provide access to the Site to anyone outside the purchasing
school’s community. Upon leaving a school’s employment or enrolment, a user
must relinquish his/her access to the Site.
- You may only play video or
audio files using the media player on the Site or on the website of one of
our licensees who is displaying such material with our authorisation.
- You must not use all or any
part of our Site or the contents on it for commercial purposes without our
permission. If you wish to seek such permission, please contact: primarydigitalsupport@macmillan.com.au
(please include the words "Springboard into Comprehension
permissions" in the subject line)
- Users, whether or not
registered, must not abuse our Report this Comment facility e.g. by making
malicious reports.
3. Linking
to the Site
- You may establish a link to the
Site, provided that:
- the
link is on a website owned by you;
- the
link is not detrimental to and/or does not take unfair advantage of our
reputation or business;
- the
link does not falsely suggest that we endorse, approve of or are
associated with your website or any of its contents; and
- framing is
not allowed and you must not provide access to the Site or part of it
under any other URL (e.g. by domain forwarding, URL re-direction or
similar).
- Other than that, linking to the
Site is not allowed.
4.
Registration
- Only
one registration per person is allowed. You must keep your registration
information up to date.
- You
must choose an email address which gives you frequent access to emails
sent to that address, as we need to be able to contact you.
- Teachers
may:
- create
accounts for their students;
- use
their own email address to create students’ accounts;
- keep a
record of their students’ account information;
- access their
students’ accounts to check student answers, recordings, and mark-ups.
- Students
must not:
- impersonate
or try to impersonate another person;
- disclose
their password to anyone else;
- allow
anyone else use to their account;
- use
anyone else's account.
- You are
responsible for everything done using your account, even if someone else
is using your registration details without your knowledge. If you think
that someone else may have access to, or be using, your password or
account, you must tell us as soon as possible by emailing primarydigitalsupport@macmillan.com.au
(please include the words "Springboard into Comprehension password
compromise" in the subject line)
- Once
you register with one of our sites, you may be able to use your username
and password to log into our other sites operated by Macmillan Education.
If so, these Terms apply to those other sites unless otherwise stated. You
should read the terms available on our other sites to check in any event.
5. Your
content – what we are allowed to do
- We may
publish, check, edit or remove all or part of the comments or other
material, including your name, town and country, which you submit to us
('Your Content'), at our sole discretion. We are not obliged to do any of
these things and we may not.
- You
retain any copyright you may have in Your Content. By submitting material
to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive
worldwide licence to use, copy, edit, adapt,
publish, translate, create derivative works from, make available,
communicate and distribute Your Content (in whole or part) and/or to
incorporate it in other works in any form, media, or technology now known
or later developed. By submitting Your Content, you warrant that you have
the right to grant this licence. The licence is capable of sub-license by us to any other
entities and brands in the Macmillan group of companies (including,
without limitation, all subsidiaries and holding companies of Macmillan
Publishers Limited and any of their subsidiaries).
- To the
extent permitted by law, you waive your moral rights (e.g. the right to be
identified as author or to object to derogatory treatment) in Your
Content. This clause 5 means, for example (without limitation), that we can:
- Continue
to publish all or part of Your Content, even if you change your mind and
want us to remove it and/or you are no longer registered with the Site;
- Remove
Your Content, even if you have not breached these Terms or our House
Rules;
- Use
all or part of Your Content in promoting our products and services (e.g.
we may use a screenshot including your comments in our advertising);
- Edit
your Content, which may result in a part of it being modified and
displayed, including without your name.
Please note that we do not check, monitor, moderate or even see all the comments and other material
submitted to us. While some comments are pre-moderated (i.e. checked in advance
by us before publication), some are not.
6. Your
content - what you are not allowed to do
- You
must not submit any material to the Site that is:
- defamatory,
malicious, threatening, false, misleading, offensive, abusive,
discriminatory, harassing, blasphemous or racist,
- indecent,
obscene or of a sexual nature,
- a
breach of confidentiality or someone's privacy;
- could
prejudice any active legal proceedings of which you are aware;
- is
likely to:
- cause
someone alarm, anxiety or distress
- encourage
violence or racial or religious hatred;
- infringes any
intellectual property rights, such as copyright and trade marks. This
means generally that you must own the rights in everything you submit or
must obtain permission from the rights owner to submit the material;
- is
technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or
other malicious software, harmful data or conduct);
- offers
or promotes any product or services;
- impersonates
anyone else or otherwise misrepresents your identity, affiliation or
status;
- is in breach
of these Terms, our Privacy
Policy, and/or Community Guidelines;
- is, encourages or teaches conduct that is a
criminal offence, gives rise to civil liability, or is otherwise unlawful;
- You may only include links on the Site to any
third party websites or webpages if:
- the content of or linking to
such websites or webpages does not breach any of the prohibitions in
clause 6.1 above; and
- the terms of use of such websites
or webpages allows such linking.
- You must not try to get round any protections we
put in place for the security and operation of the Site.
- You must not re-submit content which you are
aware has been removed.
7.
Suspending or terminating your registration
- We may suspend, terminate or
prevent your registration at our sole discretion. This may be because, for
example, we consider that you have breached or will breach these Terms or
our Community Guidelines or someone has reported abuse. However, we are
not obliged to do these things. It is our policy to terminate the
registration of anyone who repeatedly infringes the rights of any third
party.
- Where we suspend, terminate or
prevent your registration, you must not attempt to re-register or submit
content (e.g. using someone else's registration), without our permission.
The period of any suspension depends on all the circumstances.
8. Third
party content and links available on the Site
- We are not liable or
responsible for the third party content on the Site. Third party content
includes, for example, comments, blogs and articles posted by users and
the content of advertisements.
- Where the Site contains links
to other sites and resources, which are provided by third parties, these
links and resources are provided for your information only and you access
them at your own risk. We are not liable or responsible for the content or
operation of third party sites or resources. You should read any user
terms and privacy policies and the like on third party sites, as they are
likely to differ from ours.
- If you see something which you
reasonably believe breaches these Terms or our Community Guidelines,
please use the relevant 'Report this Comment' facility (sometimes marked
as "Quarantine"). If there is no facility available, please
contact us on primarydigitalsupport@macmillan.com.au (please include the
words "Springboard into Comprehension report comment" in the
subject line)
8.
Infringement of Intellectual Property Rights
If you think your work has been copied in a manner
that constitutes copyright infringement, you may either use the ‘Report this
Comment’ facility or notify our copyright agent, who can be reached at:
Macmillan Education Australia Pty Ltd
Level 1, 15–19 Claremont St, South Yarra, Victoria
3141
Attention: Legal Department
E-Mail: primarydigitalsupport@macmillan.com.au (please include the words "Springboard into
Comprehension copyright" in the subject line)
Please include all of the following information in
your notification:
- a
physical or electronic signature of the person authorised
to act on behalf of the owner of the exclusive copyright that is allegedly
infringed;
- a
description of the copyrighted work that 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 authorised 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 authorised to act on behalf of the
owner of any exclusive right that is allegedly infringed.
9. Your
personal information
We will use your personal information in accordance
with our Privacy Policy, which forms part of these Terms. Please read our Privacy
Policy now.
11. Our
liability
The information contained on the Site is for
information purposes only and does not constitute advice. You should check any
information on the Site and use your own judgment before doing or not doing
anything on the basis of what you see. We make no representations or warranties
with respect to the Site or its contents, All warranties, express or implied,
including without limitation the implied warranties of satisfactory quality and
fitness for purpose relating to the Site and/or its content and/or any web site
to which is linked are hereby to the fullest extent permitted by law excluded.
No representations or warranties are given as to the accuracy or completeness
of the information provided on the Site, or any web site to which it is linked.
Except for liability for fraudulent misrepresentation
or deliberate breach of these Terms by us, we are not liable for:
- any action you may take as a
result of relying on any information provided on the Site or for any loss
or damage suffered by you as a result of you taking this action;
- any dealings you have with
third parties (e.g. other users, advertisers or promoters) that take place
using or facilitated by the Site;
- any liability for losses which
are not a foreseeable or likely consequence of (i)
your use of the Site, or (ii) a breach of these Terms;
- any
business loss connected with your trade, business or profession.
Without prejudice to the generality of the exclusions
of liability contained in both this clause 11 and in the Legal Notice, we are
not responsible if you cannot access the Site properly or at all or if some of
its features are unavailable to you because of any event outside our control,
for example (without limitation) the performance of your or our ISP, your
browser or the Internet or limitations in the capability of your accessing
device.
The Site relies in part on software to work. Software
has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot
guarantee that the Site or any individual feature of the Site will be error
free, available all the time and/or free from viruses.
However, nothing in these Terms will affect any
liability we may have for death or personal injury arising from our negligence
or any other liability which cannot be excluded or limited by law.
12.
Maintenance of the Site
Making your use of the Site enjoyable means we need to
fix bugs, install updates and do general diagnosis and maintenance of the Site.
We will try to do scheduled maintenance during times when we anticipate that
online use is lower than normal.
We also need to be able to do emergency maintenance
and/or suspend access to the servers where, in our reasonable discretion, we
see the need to do that. We will try to have the Site available again as soon
as we think it is safe to do so.
13. Validity
of these Terms
If any part or provision of these Terms is found to be
unlawful or unenforceable, this shall not affect the validity of any other part
or provision.
14.
Jurisdiction and applicable law
All rights in relation to the Australian Copyright Act
1968 are asserted by Macmillan Education Australia (Macmillan Publishers
Australia).
ATTENTION: USE OF THIS WEBSITE IS SUBJECT TO THE AUSTRALIAN
COPYRIGHT ACT 1968 (THE ACT) AND MACMILLAN EDUCATION AUSTRALIA LICENCE
TERMS SET OUT BELOW. USING THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THE TERMS
OF THIS LICENCE AGREEMENT.
The
material on this website, whether in its original electronic form or any other
medium, is the copyright of Macmillan Education Australia and the authors and
they claim the right to be identified as copyright owners.
By
purchasing access to this website you (the Licensee):
• have
received a whole school site licence. The word ‘site’
refers to a geographical site.
• The licence is a non-exclusive perpetual licence.
You may:
• Use the
Springboard into Comprehension Interactive Digital Books website on unlimited
computers by accessing it from all computers located at one geographical site.
• From
that one site, print the PDFs contained on the website in accordance with the
Australian Copyright Act 1968 (the Act) and provided the educational
institution (or body that administers it) has given a remuneration notice to
the Copyright Agency Limited (CAL) under the Act.
• Use the
text and images according to the Australian Copyright Act 1968 (the Act).
You may
not:
• print
the digital pages of the Springboard into Comprehension Interactive Digital
Books website
• sell
the product to another person
• sell
any modified or adapted files from the website or allow them to be transmitted
or sold to another educational institution
• rent or
transfer all or any part of your rights under this Licence
Agreement or use for a commercial purpose
• remove
or alter any copyright notice or other proprietary notice or label attached to
the software
• modify,
adapt, translate, reverse engineer, decompile or disassemble the website and
create derivative works based on the website.
The Australian
Copyright Act 1968 (the Act) allows 10% of the number of words on this
website to be reproduced and/or communicated by any educational institution for
its educational purposes provided that the educational institution (or the body
that administers it) has given a remuneration notice to Copyright Agency
Limited (CAL) under the Act. For details of the CAL licence
for educational institutions contact:
Copyright
Agency Limited
Level 15,
233 Castlereagh Street
Sydney
NSW 2000
Telephone:
(02) 9394 7600
Facsimile:
(02) 9394 7601
E-mail:
info@copyright.com.au
Except as
permitted under the Act (for example for the services of the Crown or in
reliance on one of the fair dealing exceptions i.e. fair dealing for the
purposes of research or study) all inquiries relating to use of text and images
on this website should be made to the
copyright owner at Macmillan Education Australia, 15–19 Claremont Street, South
Yarra, Victoria 3141 Australia.
Macmillan
Education Australia (the Licensor) retains copyright to the Software. The
Licensor makes no express warranties about the Software. To the extent
permitted by law, the Licensor excludes all implied warranties about the
Software that would not otherwise be implied by law as being part of this licence. To the extent permitted by law, the Licensor
excludes all liability for any damage, whether direct, indirect, special or
consequential arising in any way out of the use of or in relation to the
Software.
Where the
preceding paragraph cannot legally operate, and to the extent permitted by law,
the Licensor’s liability for any breach of the warranty or any term implied by
law into this licence is limited to:
a in the
case of services, the cost of having the services supplied again; and
b in the
case of goods, the lowest cost of replacing the goods, acquiring equivalent
goods or having the goods repaired.
By
accepting the terms in this licence you warrant that
you have not relied on:
a any
representation made by your supplier or the Licensor other than those expressly
set out in this licence; or
b any
descriptions, illustrations, or specifications contained in any document
including any catalogues or publicity produced by or for your supplier or the
Licensor.
Unauthorised copying
of the Software will result in immediate termination of this licence.
If any of
these terms are not agreeable to you please return the software immediately to
your supplier for a full refund.