Publisher Learning Platform
The following terms and conditions (the “Agreement”) apply to your access to, and use of the Publisher Learning Platform powered by MassiveU website and the Services, as defined herein, available on or at the Publisher Learning Platform or ancillary thereto. Publisher is Pearson Texas and MassiveU is MassiveU, Inc.
The following terms of this Agreement shall have the meaning as set forth herein:
- “Agreement” shall have the meaning as set forth in the preamble;
- “Content” shall have the meaning as set forth in Section III;
- “Designated Agent” shall have the meaning as set forth in Section XX;
- “Publisher Learning Platform User ID” shall have the meaning as set forth in Section VIII;
- “License” shall have the meaning as set forth in Section IV;
- “Marks” shall have the meaning as set forth in Section XVII;
- “Member or Members” shall mean you browse, comment and have registered with the Site for a Publisher Learning Platform User ID and password;
- “Publisher” shall have the meaning as set forth in the preamble;
- “Services” shall mean all of the instructional seminars, courses, professional development content and any other product or service offered by Publisher Learning Platform through the Site or ancillary thereto;
- “Site” or “Publisher Learning Platform” shall have the meaning set forth in the preamble;
- “Student or Students” shall mean that you are a registered entity, educational institution, schools or teacher with a Publisher Learning Platform User ID and password for the Site, and have enrolled in courses and/or instructional seminars offered within and through the Site and have paid the corresponding fees;
- “User” shall mean a Visitor, Student and/or Member;
- “User Submission(s)” shall have the meaning as set forth in Section IV of this Agreement; and
- “Visitor or Visitors” shall mean you browse on the Site, without limitation, through a mobile or other wireless devise, or otherwise use the Site.
Publisher Learning Platform reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is the User's responsibility to check this Agreement periodically for changes. User’s continued use of the Site or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Sites and the Services.
Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Services are solely for User's own personal use, and not for the use or benefit of any third party. Publisher Learning Platform may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time. Publisher Learning Platform may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Publisher Learning Platform reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this Agreement as modified.
User certifies to Publisher Learning Platform that if User is an individual (i.e., not a corporation) User is at least 14 years of age (provided that, if User is located in a state in which 14 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this Agreement). User also certifies that User is legally permitted to use the Services and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
III. SITE CONTENT
User agrees that all content and materials available on the Site, including but not limited to messages, advertisements, notes, lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, syllabi, code, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files are (collectively, the “Content”) delivered via the Services or otherwise made available by Publisher Learning Platform at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Publisher Learning Platform in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content. However, User may print or download a reasonable number of copies of the Content at this Site for User's own informational purposes; provided, that User will abide by all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Publisher Learning Platform.
Use of the Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
IV. USER CONTENT
The Site and Services may permit the posting of content, including text, images, audiovisual and other types of works (such as posting on message boards, commenting on other users’ posts) (“User Submission(s)”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Publisher Learning Platform. You understand that all User Submissions are the sole responsibility of the User from whom such User Submission originated. This means that you, and not Publisher Learning Platform, are entirely responsible for all User Submissions that you make available through the Site.
User shall be solely responsible for User's User Submission(s) and the consequences of posting or publishing them. Publisher Learning Platform makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Publisher Learning Platform complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below).
User agrees that Publisher Learning Platform has no liability with respect to any User Submission(s), including, without limitation, User's User Submission(s) and will indemnify Publisher and MassiveU for any claims. User hereby irrevocably releases Publisher Learning Platform and any Publisher Learning Platform affiliates, from any and all liability arising out of or relating to User Submission(s) or any part thereof.
By submitting the User Submission(s) to Publisher Learning Platform, or displaying, publishing, or otherwise posting any content on or through the Site or the Services, User hereby grants Publisher Learning Platform and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license (the “License”) to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the Site. For clarity purposes, the foregoing license grant to Publisher Learning Platform does not affect User's ownership rights as to User Submission(s), including the right to grant additional licenses to the material in User's User Submission(s). User Submission(s) may be withdrawn by written request to Angelo Biasi at email@example.com to delete content and terminate User's account. All rights granted to Publisher Learning Platform from User through the License will end upon the deletion of that particular User Submission(s).
In connection with User's User Submission(s), User affirms, represents, and warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Publisher Learning Platform to use each and every image and sound contained in each such User Submission(s) and to enable inclusion and use of such User Submission(s) in the manner contemplated by the Site, the Services and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission(s) to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submission(s) in the manner contemplated by the Site, the Services and this Agreement; and (iii) the posting of your User Submission(s) on or through the Site or the Services or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any third party, person or entity. User agrees to pay all royalties, fees, and other monies owing any third party, person or entity by reason of any content posted by User to or through the Site or the Services.
User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage Publisher Learning Platform or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Publisher Learning Platform all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country.
Publisher Learning Platform does not endorse any User Submission(s) or any opinion, recommendation, or advice expressed therein, and Publisher Learning Platform expressly disclaims any and all responsibility or liability in connection with User Submission(s) at any time (with or without notice).
V. PROHIBITED USES OF THE SITE
- Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Submissions;
- Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Impersonate another person or entity, or access another User's account without that User's permission;
- Misrepresent the source, identity, or content of information transmitted via the Site; or
- Use the Site for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious software programs;
- Interfere with or disrupt the Site, networks or servers connected to Publisher Learning Platform and/or the Services, or violate the regulations, policies or procedures of such networks or servers;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site and/or Services or any Content therein.
With respect to any type of software User is authorized by Publisher Learning Platform to download or use via the Services, Publisher Learning Platform grants User a personal, nontransferable, non-sublicensable, non-exclusive license to use such software solely for User’s personal, non-commercial use, and only in accordance with the written instructions/directions provided by Publisher Learning Platform. User shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the software (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); or (iii) rent, lease, or use the software for timesharing or service bureau purposes, or otherwise use the software for any commercial purpose.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Publisher Learning Platform reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Publisher Learning Platform server, or to any of the services offered on or through the Services, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Publisher Learning Platform, including any Publisher Learning Platform account not owned by User, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Services.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Publisher Learning Platform’s systems or networks, or any systems or networks directly or indirectly connected to the Services or to Publisher Learning Platform.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Publisher Learning Platform on or through the Services. User shall not, in connection with the Services, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Services or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of Publisher Learning Platform, other Users or others.
VIII. REGISTRATION; SECURITY
Members and Students are required to register with Publisher Learning Platform and select a password and User name (“Publisher Learning Platform User ID”). User shall provide Publisher Learning Platform with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Publisher Learning Platform User ID a name of another person with the intent to impersonate that person; or (ii) use as a Publisher Learning Platform User ID a name subject to any rights of a person other than User without appropriate authorization. Publisher Learning Platform reserves the right, in its discretion, to cancel or refuse registration of the Publisher Learning Platform User ID. User shall be responsible for maintaining the confidentiality of User’s Publisher Learning Platform password and other account information.
IX. THIRD PARTY SITES
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Publisher Learning Platform's control, and User acknowledges that Publisher Learning Platform is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Publisher Learning Platform. User further acknowledges and agrees that Publisher Learning Platform shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Services. User shall defend, indemnify, and hold harmless Publisher Learning Platform, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from: (i) User's use or misuse of the Services; (ii) User's access to any part of the Services, (iii) any of User's User Submission(s), or (iv) otherwise from User’s violation of this Agreement.
XI. WARRANTY DISCLAIMER
THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Publisher AND MASSIVEU MAKE NO WARRANTY THAT (I) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICES (OR ANY USER SUBMISSION(S)) WILL MEET USER’S REQUIREMENTS. USER'S USE OF THE SERVICES IS SOLELY AT USER’S OWN RISK.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL Publisher OR MASSIVEU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR AFFILIATES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES AND/OR SITE (OR ANY CONTENT, PROGRAMS OR INFORMATION AVAILABLE THROUGH THE SERVICES AND/OR SITE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). IN ADDITION, Publisher Learning PLATFORM SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER’S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).
Publisher Learning Platform may terminate User’s access to all or any part of the Services at any time, with or without cause, effective upon notice thereof to User (provided that, if Publisher Learning Platform determines there may be an immediate threat to Publisher Learning Platform, it may terminate such access without notice).
Upon termination notice from Publisher Learning Platform, User will: (i) no longer access (or attempt to access) the Services and (ii) delete all software (and copies thereof) provided in connection with the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
XIV. EXPORT AND TRADE CONTROLS
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Services or any information provided on or pursuant to the Services except in full compliance with all United States, foreign and other applicable laws and regulations.
XVI. MEMBER DISPUTES
User is solely responsible for your interactions with other users of the Services. Publisher Learning Platform reserves the right, but has no obligation, to monitor disputes between User and other users of the Service. If User has a dispute with one or more users of the Services, User shall and hereby does release Publisher and MassiveU (and its officers, directors, agents, subsidiaries, joint ventures and employees) and affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XVII. Publisher LEARNING PLATFORM’S INTELLECTUAL PROPERTY RIGHTS
The Site reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services and/or the Site, or any part of portion thereof, with or without notice to User. User agrees that Publisher and MassiveU shall not be liable to User or to any third party for any modifications, suspensions or discontinuance of the Services and/or Site, or any portion thereof. Nothing in this Agreement shall be construed to obligate Publisher or MassiveU to maintain and support the Services and/or the Site, or any part of portion thereof, during the term of this Agreement.
All Content is the property of Publisher, MassiveU and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Publisher and MassiveU logos, trademarks and service marks, which may appear on the Site (“Marks”), are the property of their respective owners and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Publisher and MassiveU.
Except as otherwise expressly permitted in this Agreement, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services, the Site or the Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Site and Services. From time to time, Publisher Learning Platform may include software, code, instructions, or other such information in the Content; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Warranty Disclaimer and Limitation of Liabilities sections above and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Publisher Learning Platform and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Services, Content, and Marks.
XVIII. ELECTRONIC COMMUNICATIONS
When User visits the Site or sends e-mails to Publisher Learning Platform, User is communicating with Publisher Learning Platform electronically. User hereby consents to receive communications from Publisher Learning Platform electronically. Publisher Learning Platform will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Publisher Learning Platform provides to User electronically satisfy any legal requirements that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Publisher Learning Platform shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Publisher Learning Platform reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by User except with Publisher Learning Platform’s prior written consent. Publisher Learning Platform may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts having jurisdiction in Collier County, Florida. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Naples, Florida using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Publisher or MassiveU in any respect whatsoever.
Subject to any applicable agreements entered into with third parties, Publisher Learning Platform will, at all times, have the right to assign, sell, transfer and or license a portion or all of the Publisher Learning Platform business and/or assets to a third party, for any purpose, including, but not limited to, a reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of the Publisher Learning Platform business or assets.
XX. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Publisher Learning Platform has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Publisher Learning Platform’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Agreement.
It is Publisher Learning Platform’s policy to: (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, Members or Users; (2) remove content that it is notified by the content owner to have been uploaded unlawfully and in violation of the owner’s copyrights; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If User believes that content residing on or accessible through the Publisher Learning Platform Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing, including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Publisher Learning Platform is capable of finding and verifying its existence;
- Contact information about the User notifying including address, telephone number and, if available, e-mail address;
- A statement that the User has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Publisher Learning Platform’s policy to:
- Remove or disable any access to the infringing content;
- Notify the Member or User that it has removed or disabled access to the content and that repeat offenders will have the infringing content removed from the system; and
- Terminate such Member or User's access to the Service’s.
B. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, Member or User believes that the content that was removed or to which access was disabled is either not infringing, or the Member or User believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent or pursuant to the law, the Member or User must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Member or User;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Member or User's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which Member's or User's address is located, or if the Member's or User's address is located outside the United States, for any judicial district in which Publisher Learning Platform is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Publisher Learning Platform may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Publisher Learning Platform’s discretion.
Please contact Publisher Learning Platform’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Publisher Learning Platform
Attn: Angelo Biasi
Email us at: firstname.lastname@example.org