(b) Access to certain premium content or services on the Service requires you to purchase a one time purchase of credits (“Yoops”) or a monthly subscription for the purchase of Yoops (“Subscription”) for your own User Account or another person’s User Account on this Service. You must be eighteen (18) years or older to purchase a Subscription or Yoops. By purchasing a Subscription or Yoops on this Site, you represent that you are eighteen (18) years or older and that you are authorized to use the chosen payment method for the purpose of purchasing a one time purchase of Yoops or a Subscription as described herein. Subscriptions and Yoops are valid only for the User Account for which they are purchased and are non-transferable. Purchases of Subscriptions or Yoops are non-refundable.
(c) Users may receive Yoops for completing certain activities, taking certain actions or for no reason at all. Yoops may be used on the Service by Users as a personal, limited license only to access certain premium services and content on the Service and for any other purpose that Pearson may determine in its sole discretion. Premium services and content remain the property of Pearson or its licensors. Pearson has the absolute right to manage, control, eliminate or otherwise regulate Yoops, in general or in specific cases, in Pearson’s sole discretion. Yoops are not transferable and are personal to each User. Yoops are not redeemable for any amount of money or monetary value from Pearson or any third party.
(d) Subscriptions to purchases of Yoops can be purchased for monthly periods and as further described in the My Account section of the Service. A purchased Subscription shall renew automatically at the conclusion of the then current Subscription period for the same duration at the then current price for the applicable Subscription period. A Subscription renewal shall be charged to the payment method used at the time of the initial Subscription purchase. No automatic renewal notice will be sent. . A purchaser may always cancel or decline to renew a Subscription by selecting “Cancel Plan” on the “Buy Yoops” tab on the “My Account” page. In order to avoid a Subscription renewal charge, you must cancel or decline to renew your subscription subject to the procedure cancellation process found on the cancellation policy page at least two business days prior to the renewal date of your Subscription. Please note that if a Subscription is cancelled before the expiration of the current Subscription period, no refunds will be given to the purchaser for the remaining portion of the Subscription period. Your access to the Subscription will be terminated at the end of the current subscription period. The user will receive an email confirming cancellation of their subscription. After cancellation of a Subscription, Users will still be able to access free, non-premium Services and use any remaining Yoops accumulated and not used during the prior Subscription period.
(e) From time to time, Pearson may offer free or subsidized trials of Subscriptions to premium services. Such trial subscriptions may be subject to certain restrictions such as, first time users, limited duration and as otherwise indicated by Pearson.
3. Right to Use this Service
4. Disclaimers and Limitation of Liability
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(b) NEITHER PEARSON, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SERVICE OR ANY SITES OR SERVICES WITH WHICH IT IS LINKED.
(c) PRICE INFORMATION, SERVICE CONTENTS OR SERVICES FEATURES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
(d) USER SPECIFICALLY ACKNOWLEDGES THAT PEARSON AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(e) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(f) IN NO EVENT WILL PEARSON, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SERVICE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND FEATURES ON THE SERVICE.
User agrees to defend, indemnify and hold harmless Pearson, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys’ fees, arising out of User’s use of the Service.
6. Lawful Use
User shall use the Service for lawful purposes only. User shall not post or transmit through the Service any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Pearson has expressly approved such material in advance of its transmission. Any conduct by a User that in Pearson’s discretion restricts or inhibits any other User from using or enjoying the Service is expressly prohibited.
7. Ownership of Intellectual Property
(a) The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by Pearson and portions of which are owned by other parties and licensed to Pearson. The entire contents of the Service are copyrighted as a collective work/compilation. Pearson owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Pearson (or the copyright owner(s) if other than or in addition to Pearson). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
8. Uploading of Intellectual Property
User shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, User automatically grants, or warrants that the owner of such material has expressly granted Pearson the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Pearson the right to edit, copy, publish and distribute any material made available on the Service by User.
Unless otherwise indicated, trademarks that appear on this Service are trademarks of Pearson, or its affiliates. All other trademarks not owned by Pearson or its affiliates that appear in this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pearson or its affiliates.
10. Service Content
Certain portions of the Service are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Pearson. Neither Pearson nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Pearson neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any Pearson Service by anyone other than employee spokespersons of Pearson while acting in their official capacities.
Pearson always welcomes suggestions and comments regarding the Service. Any comments or suggestions submitted to Pearson, either online or offline, will become Pearson’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Pearson might seem to others to be similar to their own submissions or comments.
12. Entire Agreement
This Agreement, and any operating rules for the Service established by Pearson, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
13. Controlling Law
14. Compliance with United States Export Requirements
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
16. Digital Millennium Copyright Act Compliance
If you have copyright concerns about any materials posted on this Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). If you have any complaints or objections to material posted on this Service, please contact our Designated Agent (“Notice”):
501 Boylston St, Suite 900
Boston, MA 02116
To be effective, the Notice must include the following: