Springboard into Comprehension: MEA Terms and Conditions

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

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:

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.