TERMS AND CONDITIONS OF USE
Effective date: November 16, 2020
Thank you for visiting the zyBooks website Site, www.zyBooks.com (“Site”) owned and operated by Zyante Inc. (“Zyante,” “we,” “us” or “our”) The Site and the services offered through or on the Site, or otherwise offered by us, are hereinafter referred to as the “Services.” You should not access this Site or use the Services until you have carefully read and agreed to these terms and conditions of use (the “Terms”).
USE OF THIS SITE AND THE SERVICES
By using this Site or Services, you and other users of the Site or Services agree to these Terms. If you do not agree to these Terms, you may not access or use the Site or the Services. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site or the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site, or the Terms posted in other platforms through which you access the Services (e.g., a mobile application) frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site on other platforms through which the Services may be offered. By using the Site or Services following any modifications to the Terms, you agree to be bound by such modifications.
Zyante provides you with access to and use of the Site and Services subject to your compliance with the Terms. No material from the Site or
Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site or Services.
By submitting information through this Site or Services you represent that you are age 13 or over; our Services are not intended for users under the age of 13.
While portions of the Site or Services may be available to the general public, portions of the Site or Services are “subscription-only” and may only be accessed by registered subscribers. You agree that you will not access any subscription-only portions of this Site or the Services without first obtaining a valid subscription. Holders of valid subscriptions may download content from the Site or Services and access that content for personal use consistent with these Terms.
Subscriptions may be fee based or complimentary. Subscribers who are instructors who have adopted the material at this Site or available through the Services for course use and whose students have valid subscriptions may make public display of the Site or Services material for educational purposes to subscribing students only. No other public display of material from the Site or Services is permitted without the prior written permission from Zyante.
Zyante uses its reasonable efforts to make subscription-only portions of the Site or Services reasonably accessible. However, Zyante is not responsible for any delay, inability or failure to access the Site or Services due to any cause, including but not limited to acts of God, natural disasters, government orders, labor unrest, malfunction of subscriber hardware or software, interruption in internet service, loss or corruption of data, and unanticipated suspension or cessation of service from any underlying service provider. As such, subscribers should periodically verify that their activity is accurately captured on the Site or Services.
Account registration. Subscribers registering for any account (fee based or complimentary) must provide accurate and current information and select an account name and password. Subscriptions are valid for a defined period of time disclosed when you register, and must be renewed if the Site or Services are to be used beyond that time. The account name and password will be required in order for you to access the subscription portions of the Site or Services. Subscribers are solely responsible for the security and confidentiality of their account names and passwords and for all activity using their account name and password. To retrieve a lost account name or password, please follow the instructions on the login page. You must immediately notify us if you have lost your account name or password or it has been taken by another.
Payment of registration fees. Subscription fees are non-refundable and are charged based on the subscription period. The amount of the fee and the duration of the subscription is clearly displayed alongside of the subscription description on the registration page.
Termination. We expressly reserve the right to immediately terminate the use of, or refuse to permit the use of the Site or Services to any person, subscriber or entity at its sole and absolute discretion for any reason or no reason at all at any time and without prior notice. Failure to remit the subscription fee or cancelling a subscription payment may result in denial of access to the Site and Services. Subscription fees are not refundable.
Student information. Student subscribers agree that their access to the Site, the Services and all content thereon or therein requires that they provide certain information to us. This information may include name and contact information, school name and address, major field of study, and dates of attendance or degree sought (“Directory Information”). Student subscribers acknowledge that we may provide Services to their instructor or school officials for a legitimate educational interest. Student subscribers expressly consent that we may disclose any Directory Information received from the student as well as the student’s performance or activity on the Site or Services to the student’s instructor or school officials.
License. The Site and the Services, including all of its underlying technology and substantive content, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark, copyright and/or other intellectual property rights under United States and/or foreign laws. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable license to access our Site, to use the Services and to use the Materials contained in the Site to the extent you are authorized by us (for example, if you have a valid subscription, you may access and use the Materials in the applicable subscription-only portion of the Site or Services). Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission.
Some Services may allow you to:
- Post content in blog, user comment or similar such areas (“Your Posts”). Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Posts
- Use the Services as modified with Your Posts
- Arrange for third parties to have access to Your Posts subject to these Terms of Service
In turn, you grant us a non-exclusive, royalty-free license to use Your Posts for any purpose, subject to the express provisions of these Terms.
Some Services may allow you to:
- Add your own original content, such as your own zyLabs, content sections, or instructor notes (“Your Content”).
- Use the Services as modified with Your Content
- Arrange for third parties to have access to Your Content subject to these Terms of Service
In turn, you grant us a non-exclusive, royalty-free license to handle Your Content as needed to service your classes and to perform analyses, including but not limited to doing the following with Your Content: storing indefinitely, making copies, examining, or analyzing, subject to the express provisions of these Terms.
In the event we offer to you or provide you with software to access the Services (the “Software), your use of the Software is subject to a limited, non-exclusive, non-transferable license. Further, you agree that if you provide access to any Services to any third party, you will ensure (and do personally warrant) that the third party understands the use is subject to this license and the third party will use the Software in strict compliance with this license and these Terms.
Finally, all rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein, other than Your Posts and Your Content are and will remain the sole and exclusive property of Zyante and/or its licensors.
RULES AND LIMITS ON AND MODIFICATIONS TO THE SITE OR SERVICES
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site or Services , including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or Services or restrict your access to part, or all, of the Site or Services without notice or penalty. For student users, we may notify your instructors or teaching assistants of suspected violations of these terms or of prohibited uses. We have the right to change these rules and/or limitations at any time, in our sole discretion.
SPECIFIC PROHIBITED USES
The Site or Services may be used only for lawful purposes by individuals using authorized services of Zyante. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site or Services. We specifically prohibit any use of the Site or Services, and require all users to agree not to use the Site or Services, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Using any automated means for making submissions to the Site or Services and posting an automated means for making submissions to the Site or Services;
- Impersonating another person or allowing another person to use the Site or Services using your account name and password;
- Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s, the Service’s or Zyante’s networks or network security, or attempting to use the Site or the Services service to gain unauthorized access to any other computer system.
- Posting solutions to a zyBook’s exercises, participation activities, challenge activities, lab activities, or similar activities, except as authorized by a course’s instructor for access solely by the course’s students. Making such solutions available diminishes the activities’ usefulness for learners, and thus users are asked to respect other learners by not making such solutions available. Instructor-authorized solution posting should be done in a secure manner that prevents access by students outside the instructor’s course, e.g., within the course’s zyBook or learning management system course site rather than on a public web page.
- Posting zyBook problem descriptions, such as Challenge Activities, Lab Activities, or end-of-section exercises, to any public site or to any service that provides solutions to problems, unless limited to a class’ students and approved by the class’ instructor.
- Publishing, posting, or otherwise making publicly available any results of benchmark tests or other performance measures of the Site or Services, unless Zyante has reviewed and approved of the methodology, assumptions, and other parameters of the tests or measures. Such measures include, but are not limited to, user learning outcomes after using the Site or Services, user activity on the Site or while using the Services, material listings or summaries on the Site or through the Services, Site or Services response times, or Site or Services code statistics.
Violations of system or network security may result in civil or criminal liability. Zyante will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site or Services, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with the Services to any user, host or network, including, without limitation, via means of submitting a virus to the Site or Services, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
We control and operate the Site and Services from our offices in the United States of America, and all information is processed within the United States.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site or Services. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
As between you and Zyante, (or other company whose marks appear on the Site or Services), Zyante(or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site or Services, and is the copyright owner or licensee of the Content and/or information on the Site or Services, unless otherwise indicated.
Except as otherwise provided herein, use of the Site or Services does not grant you a license to any Content, features or materials you may access on the Site or Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site or Services is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Zyante. In some instances your copying the material allows the students of other instructors to gain access to answers or insights that are not productive and undermine their efforts to use the Content effectively. You may not make videos of any of the Content or screens for any purpose except as otherwise provided by Zyante. If you would like to do so, please contact Zyante for permission by emailing firstname.lastname@example.org. If you make use of the Site or Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site or through the Services.
Publishing academic studies as Content is prohibited and must be approved in writing by Zyante. If you would like to do so, please contact Zyante for permission by emailing email@example.com.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Zyante or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Zyante logos and service names are trademarks of Zyante (the “Zyante Marks”). Without Zyante’s prior permission, you agree not to display or use Zyante Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Zyante Mark without the prior written consent of Zyante.
COPYRIGHT INFRINGEMENT. NOTICE AND TAKE DOWN PROCEDURES.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site or within the Services; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
PO Box 33185 Los Gatos, CA 95031
If you become aware that material appears on this Site or within the Services in violation of a copyright please notify us by email at firstname.lastname@example.org.
LINKS FROM AND TO THE SITE
You may be able to link to third party websites (“Linked Sites”) from the Site or through the Services. Linked Sites are not, however, reviewed, controlled or examined by Zyante in any way and Zyante is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Zyante’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Zyante be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. Zyante reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site or Services. To seek our permission, you may write to Zyante. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site or Services, at our discretion at any time.
You agree to defend, indemnify and hold Zyante, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site or Services, your violation of the Terms or the posting or transmission of any materials on or through the Site or Services by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ZYANTE DOES NOT WARRANT THAT THE SITE SERVICES OR THE FUNCTION OR CONTENT OF THE SITE OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ZYANTE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ZYANTE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE OR SERVICES. ZYANTE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF ZYANTE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ZYANTE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ZYANTE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ZYANTE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site or Services may be subject to other local, state, national, and international laws. Any controversy or claim arising out of or relating to your use of the Site or Services (including any claim involving Zyante or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Santa Clara County, California and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision.
CONSENT TO PROCESSING
By providing any personal information to the Site or the Services, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to: Smita Bakshi, CEO, PO Box 33185, Los Gatos, CA 95031. Email: email@example.com.
Notices to you may be made via either email or regular mail. Notices to Zyante should be directed to the address listed above. The Site or Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site or Services.
To contact us with any questions or concerns in connection with this Agreement or the Site or Services, or to provide any notice under this Agreement to us please email us at firstname.lastname@example.org or write to us at the address listed above.
The Terms constitute the entire agreement between you and Zyante and govern your use of the Site and Services, superseding any prior agreements between you and Zyante. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site or Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between Zyante and you as a result of this Agreement or your use of the Site or Services.
Any claim or cause of action you may have with respect to Zyante, the Site or the Services must be commenced within one (1) year after the claim or cause of action arose.
The failure of Zyante to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without Zyante’s express written consent.
The Terms inure to the benefit of Zyante’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Questions or concerns regarding the Site or Services should be directed to Zyante Inc. by email to email@example.com.