TERMS AND CONDITIONS OF USE
Effective Date: November 19, 2020
These Terms and Conditions of Use ("Terms") are entered into by and between you and World Book, Inc. The Website for World Book Online ("Site" or "Website) is owned by World Book, Inc. ("World Book," "Company," "we" "us" or "our").
Institutional Subscribers shall be defined as a business ("Business"), government agency ("Agency"), school and related facilities ("School"), college or university ("University") or public library ("Library").
"Authorized Users" shall be defined as the following: (a) in the case of Schools: its students, its faculty members, administrators, and employed staff; (b) in the case of Universities: its full or part-time students, its faculty members, administrators and employed staff; (c) in the case of Businesses and Government Agencies: employees, agents and representatives; and (d) in the case of a National, State or Public Library, its Library patrons, Library customers, and Library users, employees, agents and representatives. Only these individual persons are permitted to access the Services remotely. Schools, Universities, Businesses and Government Agencies who are members of a National, State or Public Library are not Authorized Users under a Library's license agreement with World Book.
By using the Site, you represent to World Book that you are of legal age and capacity to enter into, and be bound by, this agreement.
2. License Grant and Usage Authorization.
The right to use the Services is granted only to you and your Authorized Users and is not transferable or assignable to any other person or entity. You may permit multiple workstations to access the Services, but only by Authorized Users. Authorized Users shall be members or affiliates of your organization who are established by reasonable security measures developed by World Book, such as: User ID, "cookies", IP address, referring URL, or library card number. User access to the Services utilizing these security measures shall be maintained by you to prevent unauthorized access to the Services.
It is your responsibility to ensure that all use of the Services, including, without limitation, use by Authorized Users, is strictly in compliance with the terms of the Agreement. You acknowledge and agree that home access to the Site via a private computer is only permitted by an individual utilizing his or her password, for personal, non-commercial use. You shall not permit utilization of the Site by another institution or entity. Use of your password by another institution or entity is strictly forbidden and may result in immediate termination of this Agreement. You represent and warrant that the data included in the Connection Form is true and accurate as of the date your access to the Services is activated by World Book and that you promptly shall inform World Book in the event that any data included in the Connection Form needs to be updated or changed.
Title to, ownership of, and all proprietary rights in and to the content contained on the Site are reserved to and will at all times remain with World Book and its licensors. You shall have only those limited license rights with respect to the Site expressly granted to you in this Agreement. All rights not expressly granted herein are reserved to World Book and its licensors.
World Book is not responsible for providing, maintaining and updating all access lines, telephones and computer equipment, including software, modems and/or other peripheral access devices, required for your access to the site.
3. Access to the Site.
By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use, including the Agreement and Additional Terms and to comply with all applicable U.S. laws and regulations. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
Remote Access. Only Authorized Users are permitted to access the Services remotely.
4. Charges and Payment.
Unless otherwise agreed, all charges you incur for use of the Site will be charged to the credit card number provided by you at the time of purchase or as otherwise stated in this Section 4. If World Book Online does not receive payment from the card issuer, you agree to pay World Book Online all amounts due upon demand. World Book Online may take commercially reasonable actions to validate your credit card. If you did not provide a credit card, you shall pay to World Book or World Book's designee, as appropriate, all invoiced fees and charges due under the Agreement within thirty (30) calendar days of your receipt of an invoice. You agree to pay all attorney and collection fees arising from World Book Online efforts to collect any past due amounts from you to the extent allowed by law.
5. Term and Termination.
The term of your subscription shall commence on World Book's acceptance of your registration and shall renew automatically for successive additional terms of one (1) year each upon World Book's receipt from you and acceptance of a valid purchase order or other form of payment approved by World Book to extend the term of this Agreement. If no valid payment is received and/or accepted by World Book prior to the expiration of the then-current term, this Agreement will automatically terminate at the end after expiration of the time period for the subscription plan.
You may only terminate your subscription by calling us at 800-338-8382 or emailing CustomerSuccess@worldbook.com. You will not receive any refund of the subscription fee paid to World Book.
World Book may terminate your subscription at any time for any or no reason. If World Book terminates your subscription (other than for: a) your breach of this Agreement or the World Book Acceptable Use Policy or b) Your use of the Site in a manner which is disruptive, causes a malfunction of the Site, violates the intellectual property or privacy or publicity rights of World Book or a third party, or violates any other applicable laws and regulations), World Book shall refund to you, at World Book's option, either the full subscription fee you paid to World Book for your then current term or a pro rated portion of the subscription fee you paid to World Book for the unexpired portion of the term of your subscription. On the effective date of termination, all rights granted to you under the Agreement terminate immediately. Those sections of the Agreement that should by their nature survive termination or expiration of the Agreement shall survive such termination or expiration.
Upon your subscription expiration, or termination as defined in this Section 5, you will no longer have the right to use, distribute, transmit, share, communicate, or publicly display any content found within the databases.
6. Changes and Notifications.
If you find any change World Book Online makes to be unacceptable, you may terminate your subscription to the Site in accordance with this Agreement. Your use of the Site after the effective date of a change constitutes your continued acceptance of the site Agreement and the Site, as changed.
7. Usage Obligations.
The Site contains copyrighted animations, photographs, images, maps, charts, illustrations, videos, bubble views, text, music, sounds and other intellectual property of World Book Online and third party suppliers ("Content"). All rights, title and interest in and to the Content, including all applicable copyrights, trade secrets, patents and other intellectual property rights, are and shall remain vested in World Book Online and its suppliers.
Except to the extent expressly provided in this Agreement or as permitted under the U.S. Copyright Act of 1976, as amended, you agree that you will not:
8. Acceptable Use of the Site.
In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.
9. Children's Privacy.
Minors and Children under 16.
If you are under the age of 16 please obtain permission from your parents/legal guardian or the school/library before using the Services. If World Book discovers that is has received a minor's or a child's personal information, without proper consent, World Book will delete it from our systems. World Book does not knowingly solicit or collect data online from, or market online to, minors or children under the age of 16.
CHILDREN UNDER THE AGE OF 13.
The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this section, "parents") about our practices for collecting, using, and disclosing personal information from children under the age of 13 ("children"). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.
This Section notifies parents of:
Information We Collect from Children
Often Children are on the Site as the result of a Business Subscription between World Book and the child?s School or Library. Children can access many parts of the Site and its content and use many of its features without providing us with personal information. However, some content and features require us to collect certain information, including personal information, from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Site.
We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
Information We Collect Directly. A child must provide us with the following information to create a personal My World Book Account on our Site: name (not required to be a full name), a username, password, and security question and answer that a user can use to reset a password should it be forgotten.
We enable authorized users to communicate with others on or through the Site by posting to public areas of the Site. The nature of these Social Features allows children to disclose personal information about themselves. We do not monitor or review this content before it is posted, and we do not control the actions of third parties with whom your child shares his or her information. We encourage parents to educate their children about safe internet use and to monitor their children's use of social features.
Automatic Information Collection and Tracking. We use technology to automatically collect information from our users, including children, when they access and navigate through the Site and use certain features. The information we collect through these technologies may include:
How We Use Your Child's Information
We use the personal information we collect from your child to:
We use the information we collect automatically through technology (see Automatic Information Collection and Tracking) and other non-personal information we collect to improve our Site and Service and to deliver a better and more personalized experience by enabling us to: Store information about the child's preferences, progress and performance, allowing us to customize the content according to individual interests.
Our Practices for Disclosing Children's Information
We do not share, sell, rent, or transfer children's personal information other than as described in this section.
We may disclose aggregated information about many of our users:
Accessing and Correcting Your Child's Personal Information
At any time, you may review the child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child's information.
You can review, change, or delete your child's personal information by:
Operators That Collect or Maintain Information from Children
The following are all operators that may collect or maintain personal information from children through the Site:
Cybage Software Pvt. Ltd.
10. Warranty Disclaimer.
The Content, services, information and access to the Site are provided "as is" and WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORLD BOOK DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE. WORLD BOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WORLD BOOK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE. WORLD BOOK CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES WORLD BOOK MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES.
Some jurisdictions do not allow the exclusion of implied warranties or conditions. Therefore, the above may not apply to you. In such jurisdictions, all such warranties and conditions are excluded and disclaimed to the full extent permitted by the law.
11. Limitation of Liability.
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, WORLD BOOK'S, ITS AFFILIATES, LICENSORS, OR CONTRACTORS NEGLIGENCE, SHALL WORLD BOOK ITS AFFILIATES, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF WORLD BOOK OR AN AUTHORIZED WORLD BOOK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL WORLD BOOK'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS WORLD BOOK AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
You agree to indemnify, defend and hold harmless World Book (including but not limited to any subsidiaries or affiliates and licensors) from and against any claims or demands, damages, liabilities, costs, charges and expenses, including reasonable attorney's fees, that the indemnities may incur as result of your use of the Site and/or your violation of any covenant or obligation contained in this Agreement.
14. Governing Law and Arbitration.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Chicago, Illinois under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the Site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Cook County, Illinois, U.S.A.
15. Waiver and Severability.
Furthermore, no delay or omission by World Book to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by World Book. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.