Houghton Mifflin Harcourt Publishing Company ("HMH," "we" or "us") provides educational content and related services for grades K-12 via a set of online learning platforms, including but not limited to our ThinkCentral, HMOF, Write Source, and ClassZone platforms (the "K-12 Learning Platforms" or the "Platforms"). The websites for our K-12 Learning Platforms:
- Provide authorized educational institutions and their district and school administrators and teachers with password-protected access to educational content for use in their curricula;
- Permit educational institutions to give their students password-protected access and other access to educational content for use in connection with their studies; and
- Provide general content and informational services to visitors to our sites who are interested in learning more about our K-12 Learning Platforms.
PLEASE READ THESE TERMS CAREFULLY.
BY BROWSING OUR GENERAL INFORMATION AND ACCESSING OUR PLATFORMS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE K-12 LEARNING PLATFORMS THAT LINK TO THESE TERMS.
- 1. Navigating our Terms. To assist you in understanding our Terms, we have divided these Terms into numbered sections, and provide a set of definitions to allow easy reference to key concepts. See Section 9 (Definitions).
- 2. Password Protected Pages and Open Pages. Each website that hosts one of our K-12 Learning Platforms (a "Platform Website") is divided into two areas: (i) a password-protected area that provides Online Educational Content and that is designed to be available only to Platform Users who hold requisite passwords for their use ("Password Protected Pages"); and (ii) an open area, that provides General Information and certain educational content to users without password requirements ("Open Pages").
- 3. Relationship with Your School. HMH enters into relationships with Schools and other Educators, whereby HMH agrees to provide their Administrators, Teachers, Students and other associated individuals with access to its Platforms. These Terms address such access.
- 4. Use of Our Platforms.
- 4.1 Student Platform Users; School's Registration Responsibilities. Educators select the Students (and, where applicable, the parents or legal guardians) who will have access to the K-12 Learning Platform and the associated School-Designated Educational Content. The School and its Administrators/Teachers are responsible for registering Students. Although our ClassZone Learning Platform allows certain Students to self-register, the School controls which Students are distributed an access code in order to so register.
- 4.2 School-Designated Educational Content. Educators select the Online Educational Content and K-12 Learning Platform features (where applicable) that will be available for their classrooms ("School-Designated Educational Content"). We then provide this School-Designated Educational Content in accordance with these Terms.
- 4.3 School Code of Conduct. The School is responsible for the conduct of its Students in connection our K-12 Learning Platforms. We encourage Schools and Teachers to apply appropriate codes of conduct to student activities in this regard.
- 4.4 Nature of K-12 Learning Platforms; Innovation. We describe the features and functions of our K-12 Learning Platforms in help-screens, via Technical Support, and other materials (collectively, "Documentation"). We seek to provide innovative and useful online learning experiences for Educators and Students. Toward this end, we might choose in our discretion to alter the methods that deliver School-Designated Content ("Content-Delivery Mechanisms"). We may revise our Documentation to describe updates to our Content-Delivery Mechanisms, either before we release the update or within a reasonable time after release.
- 4.5 Use of Passwords. Once registered, you will receive or otherwise have the opportunity to create a user name and password (your "Password"). The Platform Website at issue will guide you as to requirements concerning the needed "strength" of this Password. Your Password gives you access to Password Protected Pages (the extent of this access may be set by your School-assigned role), and to our Online Educational Content. Please keep in mind that we will treat anyone who uses your Password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your Password. Therefore, we recommend that you maintain your Password in confidence, and that you notify us immediately if you suspect that someone else is using your Password. If you forget your password: (i) Educators should contact Technical Support for assistance in recovering the password, and (ii) Students should contact their Teacher or Administrator for password recovery support.
- 5. Technical Support. We offer certain technical support for our K-12 Learning Platforms, to Educators and Students. This support can be obtained by contacting us as provided below ("Technical Support"). If you have questions concerning the hours when Technical Support is available, or other terms applicable to Technical Support, please feel free to ask our Technical Support personnel.
Attention: Tech Support
- 6. Intellectual Property Rights.
- 6.1 HMH Ownership of Platform Websites and General Information; Grant of Rights to Site Visitors. The K-12 Learning Platforms and the Online Educational Content embody intellectual property rights owned by HMH (or its licensors) including, where applicable, rights under patent law, copyright law, trade secret law, and trademark law ("HMH Intellectual Property"). Subject to your compliance with these Terms, HMH grants (i) Site Visitors and Platform Users a non-exclusive license to access and use the Open Pages for educational purposes, and (ii) Platform Users a non-exclusive license to access and use (a) the K-12 Learning Platform selected by your School, and (b) associated School-Designated Content. Such use shall be limited to those features and functions specified in applicable Documentation, and you agree not to duplicate, publish, display, distribute, modify, or create derivative works of any K-12 Learning Platform or Online Educational Content unless expressly permitted, as indicated in the Documentation or other applicable information materials or HMH contract terms concerning the Content.
- 6.2 Ownership of User Content. Where applicable, certain features of a Platform (where applicable, "Interactive Features") provide Educators and Students the ability to create, upload or post User Content. We do not claim ownership in User Content. We expect each user of our Platforms to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of users from claims of intellectual property infringement and other claims or threats. Toward these ends, we reserve the right in our sole discretion (i) to monitor your use of the Platforms, and your User Content, (ii) to restrict or foreclose access to certain areas of the Platforms or other resources, and (iii) to take other actions we deem necessary to protect our community of users and our resources. To the extent User Content constitutes (in whole or in part) a Student Record, such Student Record shall be the property of and under the control of the School. For so long as a Student is a Platform User, the Student can obtain a copy of his/her User Content by using the download feature available through the Platform, or if such features are not available, by contacting us in accordance with Section 10 (Contact Us).
- 6.3 Limited Operations Use. Although we hold no ownership rights in your User Content, as provided in Section 6.2 (Ownership of User Content), in order to provide to you (and your Teachers, Students, and your associated School) the Interactive Features that permit creation and use of that User Content, the Platform must necessarily use and distribute that User Content and you agree to permit us and grant such required operations use.
- 6.4 Contact for Alleged Copyright Infringement. HMH respects the intellectual property rights of others and requires that its users do the same. If you believe that content available on a Platform Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:
Houghton Mifflin Harcourt Publishing Company
222 Berkeley Street
Boston, MA 02116
Attn: DMCA Agent, Legal
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
- 7. Submission of Feedback. If you choose to provide us with feedback or ideas on our Platforms or Online Educational Content, (collectively, "Feedback ") you acknowledge and agree (i) that you have no expectation of review, compensation or consideration of any type for the Feedback; and (ii) we will be free to use and exploit such Feedback in our discretion and without compensation or obligation to you.
- 9. Definitions. For your ease of use, the following is a list of defined terms, as used above:
- 9.1 "Administrator" means a School official, IT personnel, or other non-Teacher personnel who holds authorized access to a K-12 Learning Platform.
- 9.2 "Documentation" means technical descriptions of the features and functions of a K-12 Learning Platform, as further defined in Section 4.4 (Nature of K-12 Learning Platforms; Innovation).
- 9.3 "Educators" means (i) Schools, (ii) Administrators, and (iii) Teachers.
- 9.4 "General Information" means information and associated informational services, made available via a Platform Website, that describe or illustrate HMH's Online Educational Content.
- 9.5 "HMH" means Houghton Mifflin Harcourt Publishing Company
- 9.6 "HMH Intellectual Property" means intellectual property rights owned by HMH (or its licensors) that are embodied in the K-12 Learning Platforms, the Online Educational Content, the Platform Websites, and the General Information including, 9here applicable, rights under patent law, copyright law, trade secret law, and trademark law.
- 9.7 "Interactive Features" means those features of a K-12 Learning Platform that allow a Platform User to upload, post, or create User Content.
- 9.8 "K-12 Learning Platform" or "Platform" means an HMH online K-12 learning platform, including the ThinkCentral, HMOF, Write Source, and ClassZone platforms. The term "K-12 Learning Platform" includes the Online Educational Content available on that Platform.
- 9.9 "Online Educational Content" means the electronic textbooks, graphics, animations, video recordings, audio recordings, artwork, and other educational content HMH makes available through a K-12 Learning Platform via Password-Protected Pages.
- 9.10 "Open Pages" means those pages of a Platform Website that are made available without password requirements.
- 9.11 "Password-Protected Pages" means those pages of a Platform Website that are made available only to users with requisite password credentials.
- 9.12 "Platform Users" means (i) Schools; (ii) Administrators; (iii) Teachers; and (iv) Students.
- 9.13 "Platform Website" means a website that hosts a K-12 Learning Platform.
- 9.14 "School" means (i) an educational institution in a contractual relationship with HMH regarding one or more K-12 Learning Platforms; and (ii) home schooling parents, tutoring centers and other formal and informal learning programs that similarly have entered into a contractual relationship with HMH regarding one or more K-12 Learning Platforms.
- 9.15 "School-Designated Educational Content" means the Online Educational Content acquired by a School for its curricula, via the K-12 Learning Platform at issue.
- 9.16 "Site Visitors" means visitors viewing or interacting with a Website Platform's Open Pages.
- 9.17 "Student" means an individual receiving educational instruction via our learning platform. The term "student" includes individuals within the K–12 age group.
- 9.18 "Student Records" has the same meaning as “Pupil Records,” as defined in Section 49073.1 of the California Education Code.
- 9.19 "Teachers" means those teachers of a School who hold authorized access to Online Educational Content via a K-12 Learning Platform.
- 9.20 "Technical Support" means the support we provide for our K-12 Learning Platforms, as further described in Section 5 (Technical Support).
- 9.22 "User Content" means information, assignments or other school-related materials a Platform User submits to the Platform. By way of clarifying example, the term "User Content" does not include statistical information, analytics, or other anonymized data relating to use of a K-12 Learning Platform, nor does the term User Content include HMH Intellectual Property.
- 9.23 "We" or "Us" means HMH.
- 9.24 "You" means a Site visitor or Platform User.
- 10. Contact Us.
You may contact us with questions concerning these Terms.