Terms of Use

Beyond Textbooks: TERMS OF USE

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

I. Grant of Rights.
Pursuant to an agreement (the “Subscriber Agreement”) between Beyond Textbooks (“BT”) and the subscribing entity (“Subscriber”), for a subscription to Beyond Textbooks Program, BT has granted to Subscriber, and the authorized educators, administrators and students under the Subscriber Agreement (or, as otherwise defined in the Subscriber Agreement, the “Users”), for the term of the applicable Subscriber Agreement, a limited, non-exclusive, terminable, non-transferable license to access the Beyond Textbook website (the “Website”) and any and all content included therein (the “Content”), and to download, and edit the Content pursuant to the terms and conditions set forth in the Subscriber Agreement and these Terms of Use, such grant of rights subject to BT’s rights thereto.

All rights not expressly granted to Subscriber and its Users pursuant to the Subscriber Agreement are reserved to BT, and all uses of the Content by Subscriber and its Users not expressly permitted hereunder are prohibited.

II. Permitted and Prohibited Uses.
a. Use for Educational, Non-Commercial Purposes Only. Subscriber and its Users may use the Website and the Content for bona fide educational and research purposes only, and may not use them in any commercial or for-profit manner.

BT reserves the right, in its sole and absolute discretion, to limit Subscriber’s and/or any Users’ use of the Website in the event that BT, in its sole and absolute discretion, deems Subscriber’s and/or such Users’ use thereof to be inconsistent with educational and research purposes, and/or inconsistent with these Terms of Use.

b. Downloading of Content. Users may download, for noncommercial instructional use, including for lesson plans, copies of (i) images and (ii) videos and video clips designated on the website as downloadable. Copies must be deleted or erased after use or expiration of the Term, whichever occurs first. Such downloading shall be for individual User convenience only, and Users may not (1) systematically download any of the Content, (2) create distribution “libraries”, or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party.

c. Editing Content. Users may edit content solely in connection with classroom or other school-related projects. Such content, as edited by User, as well as any work containing User-edited videos or video clips, may not contain any libelous or unlawful materials or content or any commercial advertising materials, will not infringe upon any party’s proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy, and may not violate any law, regulation or right of any kind whatsoever or give rise to any actionable claim or liability.

User must maintain all copyright, trademark and proprietary notices included with, attached to or embedded all editable videos and video clips without modification, obstruction or deletion.

d. Dissemination of Content. In the course of using any Content as permitted hereunder, Subscriber and its Users may not make the Content, or any part thereof, available to any party who is not a Subscriber or a User, except as permitted herein. Subscriber and its Users must ensure that the Content is at all times kept on a secure server, viewable only by Subscribers and/or its Users. If Subscriber wishes to use a third party to host the Content, BT must approve the use of such host in advance and in writing, and BT shall have the right to approve the terms of agreement between such host and Subscriber. In addition, any Subscriber or User using the Local Host support option must use the Website, rather than a local directory, to search for and access the Content.

e. Prohibited Uses. Except as expressly set forth herein, neither Subscriber nor the Users may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website, the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Website or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s or the Content’s control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Website, the Content or BT or its content providers, or in any manner that BT may, in its sole discretion, deem inappropriate.

III. Ownership.
As between Subscriber, the Users, and BT, the Website and the Content are the property of BT, and are protected by United States and international copyright and trademark law. By using the Website and the Content, even as permitted hereunder, neither Subscriber nor any of its Users gain any ownership interest in the Website or the Content.

IV. Security and Use of Passwords.
Each User shall have a valid username, password, and passcode for the purpose of accessing the Website and the Content (the “Log-In Information”). Subscriber and its Users must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the assigned User. Subscriber and its Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Website and/or the Content by unauthorized persons using a User’s Log-In Information. Unauthorized access to or use of the Website and/or the Content by someone using a User’s Log-In information may be attributed to such User.

V. Citations.
User must include citation information, including BT or the applicable content provider (if identified) as the source, for all portions of the Content used in any end product.

VI. User-Generated Contributions
BT allows you to post your own materials, which may be viewed by other users. You agree only to submit materials where you have the right to do so and agree that you will not submit any materials that belong to other people unless they have granted you the right to do so.

In submitting user-generated materials to BT, you agree to the following terms and conditions:

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant BT and its successors a non-exclusive, perpetual, royalty-free, fully paid up license to use and distribute, perform, display, and reproduce your user-generated materials submitted hereunder, which shall include without limitation all materials submitted by you (the “User Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the BT may or may not earn or generate through its use of your User Submission.

BT’s Right to Use Your User Submission. You grant the BT the non-exclusive right to use and distribute and license others to use and distribute, perform, display, reproduce and create derivative works from, your User Submission, or any portions, reproductions or versions thereof, on BT to the users of BT.

Clearance of Your User Submission for the BT’s Use. You represent and warrant that your User Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the BT use and distribution of your User Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your User Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the BT’s use and distribution of your User Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the User Submission are true to the best of your knowledge and that neither they, nor any Element of your User Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Access; Backing Up Your User Submission. We work hard to make BT a secure and stable environment. However, as with any computer system, there is always the risk of data loss and that data may be made available to others despite security safeguards. You should maintain your own copies of all of your materials, so that in the event of lost data affecting BT, you will not lose your User Submissions. You should not include any confidential materials as part of your User Submissions.

Release and Waiver; Indemnification. You acknowledge that the BT will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You also waive the right to assert any claim of any nature against any party relating to the loss of data (whether yours or someone else’s data, including User Submissions) stored on, through, or by BT or relating to the access by any party to your User Submissions or the failure of any technology designed to limit access to your User Submissions. You agree to indemnify, defend and hold harmless the BT from any and all claims arising from their use and distribution of your User Submission as permitted herein or the access by any party to your User Submissions.

Furthermore, you agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through BT.

VII. USE OF MATERIALS

Except your own User Submissions, the materials available to you through Discovery Education Media Share are the property of Discovery or its licensors, or of other users of Discovery Education Media Share, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through Discovery Education Media Share. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on Discovery Education Media Share in any form (including by e-mail or other electronic means), without prior written permission from the owner.

VIII. NO SOLICITING

You agree not to use Discovery Education Media Share to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

IX. Communications from BT.
BT may periodically contact Users for customer service purposes. By accessing the Website and the Content, Users consent to receive such communications. Subscriber shall promptly provide BT with any and all information regarding its Users and/or use of the Website and the Content by its Users that BT reasonably requests. Subscriber agrees that BT may reference its business relationship with Subscriber in its marketing or sales materials.

X. Changes to Terms of Use.
BT reserves the right to change these Terms of Use from time to time. Such changes will become effective when BT posts the revised Terms of Use on the Website. Users should check the Terms of Use from time to time, as they are bound by the Terms of Use posted on the Website at the time of access. Any revised Terms of Use shall supersede all previous versions.

XI. Termination of the Subscriber Agreement; Effect of Termination or Expiration
In the event that Subscriber breaches any term of the Subscriber Agreement, or Subscriber and/or any of its Users breach these Terms of Use, and such breach is not cured within 10 days after receipt of notice thereof from BT, BT may terminate the Subscriber Agreement in whole or in part immediately upon written notice to Subscriber. Notwithstanding the foregoing, there shall be no cure period for any Event of Default that is not cureable.

Upon expiration or prior termination of the Subscriber Agreement, all rights granted herein shall revert to BT; all access to and use of the Website and the Content by Users must cease; all materials downloaded from the Website must be erased, deleted, or destroyed; and all storage devices provided by BT, including without limitation the servers and drives provided in connection with the Local Host support option, must be immediately returned to BT at its business address.

XII. No Warranties, Limitation of Liability.
THE WEBSITE AND THE CONTENT ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BT DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE WEBSITE OR THE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BT OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF BT’S OBLIGATIONS HEREUNDER, AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL BT BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.

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