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Introduction
Welcome to Maths Engine, a website accessed via www.bloomsburymathsengine.com and www.bloomsburymathengine.com (the “Site”).
The Site is operated by Bloomsbury Publishing Plc (a company registered in England and Wales under company registration number 01984336 with a registered address at 50 Bedford Square, London, WC1B 3DP (“Bloomsbury”, “we” or “us”).
These are the terms and conditions for the use of the Site (“Terms”). Please read these terms and conditions carefully and make sure that you understand them before using the Site. If you do not agree to these terms and conditions, please do not use the Site.
By using the Site you are entering into a binding agreement on the basis of these Terms. We may change these Terms from time to time. If you continue to use the Site after any such changes take effect then you will be taken to have agreed to the revised Terms. Please check these Terms regularly.
1.1 In addition to these Terms, the following additional terms also apply to your use of the Site and for part of these Terms:
1.1.1 The Privacy Policy which [includes information about cookies used on the Site and] can be found here; and
1.1.2 If you are accessing the Site through your academic institution that has paid a subscription to us, the terms of our engagement with your academic institution (“Institutional Licence Agreement”)
2 Accessing and Using the Site
2.1 The Site is made available for non-commercial use: for the purposes of teaching, research and private study only, and access is subject to these Terms and to the Institutional Licence Agreement. Any other use of the material on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site is expressly prohibited to the extent permitted by law. If you have any questions about what you may or may not do with material on the Site please contact Bloomsbury.
2.2 Your right to access and use content on the Site is subject to the Institutional Licence Agreement between us and your [academic institution]. Please ask your [academic institution] if you have any questions about your permission to use content on the Site. Subject to the Institutional Licence Agreement, we permit you to access and use those portions of the Site made available to you under that Institutional Licence Agreement.
2.3 This permission is limited: in certain circumstances Bloomsbury may remove that right if the Institutional Licence Agreement allows us to do so, and this permission cannot be transferred by you to any other person. This means that you should not allow others access to content on the Site, using your login details, for example.
2.4 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
2.5 In using the Site you may not:
2.5.1 sell, distribute, license, rent or otherwise exploit the Site, or any element of it, for any commercial purpose;
2.5.2 make the Site, or any element of it, available by any means to persons other than Authorised Users either in print or electronically, including via remote access;
2.5.3 make the Site, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, FTP or any other means of posting or transmitting material on the Internet, an online service or wide area network;
2.5.4 remove or obscure any copyright notices from the Site, or any element of it, including any downloaded material whether in electronic format or hard-copy print-outs;
2.5.5 alter, amend, modify, translate, or change the Site or any element of it or use the Site, or any element of it, to create any derivative work, product or service, or merge the Site, or any element of it, with any other product, database, or service;
2.5.6 undertake any activity that may have a damaging effect on Bloomsbury's ability to achieve revenue through selling and marketing any part of the Site or otherwise use the Site in a manner that would infringe the copyright or other proprietary rights contained within it;
2.5.7 make mass, automated or systematic extractions from or hard copy storage of any part of the Site; or
2.5.8 use the Site in any way which may cause a technical disruption of the Site or the systems transmitting the Site to you or others, if you do you shall be in breach of these Terms and you may be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.
2.6 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
3.1 It is your responsibility to ensure that your login details for the Site, as well as any Shibboleth, Athens or other institutional login details (if you are accessing the Site via a library or other institution requiring logins) are kept secure and secret at all times.
3.2 You are fully responsible for the use and protection of these login details. Any breach of these Terms and/or any use of your account by anyone to whom you disclose your login details will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
3.3 You must notify us immediately of any unauthorized use of your account or any breach of security, including, without limitation any unauthorized use of your login details. If you are accessing the Site [via a library or other institution], you must also contact your [library/other institution] to make them aware of the breach of security.
3.4 If we have reasonable grounds to suspect that the security of your login details has been compromised, we have the right to suspend your account. We are not responsible for any losses incurred in connection with any misuse of your login details.
4 User Generated Content
4.1 This Site may include information and content uploaded by other users of the Site, including to the Forum. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
4.2 We do not oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service, including the Forum, by a user in contravention of these Terms.
4.3 If it comes to our attention that information or content uploaded to the Site breaches these Terms, we reserve the right to remove any information and/or content uploaded by a user which, in our sole discretion, is found to:
4.3.1 be offensive, defamatory, obscene, hateful or inflammatory;
4.3.2 bullying, insulting, intimidating, humiliating;
4.3.3 promote violence, discrimination in any form and/or sexually explicit material (including child sexual abuse);
4.3.4 infringe any copyright, data base right or trademark;
4.3.5 be likely to deceive any person;
4.3.6 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.3.7 promote any illegal content or activity;
4.3.8 be in contempt of court;
4.3.9 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
4.3.10 be likely to harass, upset, embarrass, alarm or annoy any other person;
4.3.11 impersonate any person or misrepresent your identity or affiliation with any person;
4.3.12 give the impression that the Contribution emanates from us, if this is not the case;
4.3.13 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
4.3.14 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/or
4.3.15 contain any advertising or promote any services or web links to other sites,
5.1 We will use reasonable efforts to:
5.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
5.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or any other rights;
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
5.2 If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details provided on this page.
6 Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://www.bloomsburyonlineresources.com/maths-engine/privacy which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
7 Ownership, Use and Intellectual Property Rights
7.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
7.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
7.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
7.4 Trade marks: the “BLOOMSBURY” name, Diana archer logo, and all other Bloomsbury trademarks, service marks, and trade names appearing on the Site are owned by us or our licensors. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
7.5 We post various copyright notices and copyright management information, terms of service and other legal notices as well as various credits on pages of the Site, which you may not remove even from your permitted copy.
7.6 Making sure you have permission: any reproduction, distribution, display or modification of content from this site that goes beyond the express permissions in the Terms requires the express prior written permission of Bloomsbury who may be contacted at via the contact details on this page.
8 Submitting information to the site
8.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
8.2 Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
9 Accuracy of information and availability of the site
9.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
9.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
9.3 We endeavour to ensure that the Site is normally available 24 hours a day; however we cannot guarantee the continuous, uninterrupted or error-free operability of the Site. Access to the Site is provided on a temporary basis and we reserve the right to withdraw or amend the service without notice. This may happen, for example, for maintenance of the Site or where there is an event beyond our control such as a network failure.
9.4 We may update, modify or withdraw any particular aspect of the Site at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice. There may be times when certain features, parts or content of the Site, or the entire Site, becomes unavailable or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
9.5 Some products and services on the Site may not be available in all jurisdictions.
9.6 We aim to ensure that all information contained on the Site was accurate at the time it was posted and we periodically update the information on the Site. However, we cannot guarantee the accuracy or completeness of all information. This information is provided on an "as is" and "as available" basis. Please contact us if you have any concerns or questions relating to information on the Site.
10 Hyperlinks and third party sites
10.1 You may link to a webpage on the Site provided you do so for non-commercial purposes (which, for the purposes of these terms means otherwise than for monetary compensation) and in a way that is fair and legal and does not damage our reputation or take advantage of it. The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
10.2 Links on the Site may provide access to other internet sites that are not maintained or controlled by us. We are not responsible for the content of those third party sites. These links are for your information only. Your use of any websites, other than the Site, will be subject to the terms and conditions posted on those websites. We do not approve, endorse or verify information available at any external site.
11 Limitation on our liability
11.1 Nothing in these Terms shall limit or exclude our liability to you:
11.1.1 for death or personal injury caused by our negligence;
11.1.2 for fraudulent misrepresentation; or
11.1.3 for any other liability that, by law, may not be limited or excluded.
11.2 We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
11.3 We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
11.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control.
11.5 We shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the site or the services (even if we have been advised of the possibility of such damages). Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11.6 But, to the extent the above limitations of liability are, in whole or in part, held to be inapplicable or unenforceable for any reason, then our aggregate liability for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the Site, the services offered via the Site or these Terms shall be limited to two hundred fifty US Dollars (US$250) if you are a customer in any other part of the world outside the European Union.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
You have no rights, whether under the Contracts (Rights of Third Parties) 1999 or otherwise, to enforce or benefit from any term in any licence agreement to which your institution is a party or by which it is bound at any time relating to the Site.
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out on this page.
14.2 The substantive laws of England and Wales will govern any dispute arising under these Terms, without regard to any conflict of legal provisions, unless the terms of your Institutional Licence Agreement state otherwise.
14.3 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, provided that Bloomsbury may also bring proceedings in your country of residence, if outside England.
14.4 If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
14.5 These Terms may not be varied except with our express written consent.
14.6 These Terms (including any Institutional Licence Agreement) and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms.
14.7 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these terms and conditions, or any of your rights or obligations arising under it, at any time.
15 Contacting Us
15.1 Please contact: Maths Engine, c/o Bloomsbury Publishing Plc at our registered offices at 50 Bedford Square, London, WC1B 3DP, England, United Kingdom, or via email on: mathsengine@bloomsbury.com.
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