Terms of Use 

 

DYNAMICBOOKS

INSTRUCTOR END USER LICENSE AGREEMENT 

 

DynamicBooks is a division of Bedford, Freeman & Worth Publishing Group, LLC.  Throughout the site, the terms “DB,” “we,” “us” and “our” refer to DynamicBooks.   

General Provisions  

DB offers the DynamicBook you are electing to adopt, to you the user, conditioned upon your acceptance of all the terms and conditions set forth in this End User License Agreement (the “Agreement”).  Your continued use of the DynamicBook constitutes your agreement to all such terms and conditions.  In addition, your use of the www.dynamicbooks.com website is conditioned upon your acceptance of all terms, conditions, policies and notices set forth in any website Terms of Use which may be applicable to the site.  

DB respects the privacy of our users. Please take a few minutes to review the privacy notice applicable to the www.dynamicbooks.com website.

The DynamicBooks Service 

DynamicBooks is a subscription service that enables you to access and use online, digital, customizable versions of e-books, including accompanying content and documentation, if any (each, a “DynamicBook”), and to create your own customized versions of DynamicBooks (each, a “Customized Version”), subject to the terms of this Agreement.  Customized Versions will be made available for purchase by students and other end-users through www.dynamicbooks.com and/or one or more third-party platforms.  The DynamicBook, including all contents thereof, is licensed, not sold, to the subscriber.  By accepting the terms of this Agreement, you do not become the owner of the DynamicBook or the Customized Version; however, you do have the right to use the DynamicBook in accordance with the provisions of this Agreement.

 Personal Registration 

Registration is required to obtain your license to the DynamicBook on this site.  The first time you sign in to a DynamicBooks account, you will be prompted to register.  Once registered, you are responsible for maintaining the confidentiality of your password and account, and remain responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended or terminated. You may not transfer a DynamicBooks account to another party. If you transfer or attempt to transfer your rights in the DynamicBook to another person, the rights granted hereunder will automatically terminate.  You agree to immediately notify DB of any unauthorized use of your password or account or any other breach of security.  DB will not be liable for any loss or damage arising from your failure to comply with this section.

Your license to the DynamicBook is without charge if you are a college or high school instructor or administrator and have received a complimentary account from a DB Representative.  Your license to the DynamicBook will remain in effect for the academic semester for which you adopted it (unless sooner terminated pursuant to this Agreement) and is thereafter terminable at will, but may be extended in DB’s discretion if you continue to adopt the DynamicBook in subsequent semesters, and subject to earlier termination by DB in the event you do not adopt the DynamicBook in any future semester.

Notwithstanding anything to the contrary in this Agreement, we reserve the right to modify a DynamicBook if we conclude that it poses a material risk of legal action or liability. If we modify a DynamicBook, we will have the right to remove any customized versions of deleted content created by instructors.  If we determine that we must modify a DynamicBook, we will give you prior notice by e-mail whenever possible. 

You agree that if you violate this Agreement, DB may immediately terminate your rights under this Agreement.

Upon  expiration or termination of your license, (i) you will have no further rights in or to the DynamicBook or any Customized Version you have created,  (ii) DB may immediately terminate your DynamicBook account and access to this site, and delete any content or information you have submitted, including any Customized Version, and (iii) DB will have no further rights in any User Content (as defined below), except for User Content submitted by an instructor through the “Submit to Publisher” feature of the DynamicBook, which is subject to the grant of rights set forth below in the section entitled “Your Customizations”. 

Functionality of the DynamicBook  

Because the DynamicBook has been provided to you in customizable format, you may modify the DynamicBook in your discretion, subject to the limitations of the DynamicBooks functionality and your compliance with the terms of this Agreement.  Such modification(s) may include the deletion or addition of text, graphics, images and/or links.  DB reserves the right to modify the features and functionality available through the DynamicBooks service at any time in its sole discretion.

When you have created your final Customized Version, students will be able to purchase your Customized Version through the www.dynamicbooks.com site and/or through one or more third-party platforms.

Rights in and Use of the DynamicBook  

The DynamicBook and the contents thereof (including but not limited to software, files, graphics and data, but excluding any User Content included in a Customized Version) are the property of and owned by DB or its licensors and are protected by copyright, trademark and other laws of the United States and other countries.  DB grants you, while this Agreement is in effect, a personal, revocable, non-exclusive and non-transferable license to access and display the DynamicBook, and to create a Customized Version.  You may not use the DynamicBook on more than one computer or computer system concurrently.  Multiple use configurations and/or network distribution of the DynamicBook are expressly prohibited.

You agree that you will not make any use of the DynamicBook except as expressly permitted by this Agreement, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or (except as expressly permitted by this Agreement) the creation of derivative works from, any part of the DynamicBook.  Without limiting the generality of the foregoing, you agree not to use the DynamicBook or Customized Version for any commercial purpose, which includes, without limitation, selling copies of or access to the DynamicBook or Customized Version.    

 Your Customizations 

You acknowledge that you are responsible for any customizations you make, including the legality, reliability, appropriateness, originality and copyright of any such material.     

When you finalize your Customized Version for publication using the “publish” feature of the DynamicBook, you grant DB, the publisher of the DynamicBook (if different) and its and their affiliates the right to use, reproduce, sell, distribute, display and perform your Customized Version and all User Content therein on this site or any successor site, and on any site which we have authorized to sell your Customized Version, and to reproduce, sell and distribute “print-on-demand” hard copy versions of your Customized Version.  If, in addition to publishing your Customized Version using the “publish” feature of the DynamicBook, you submit your customizations to DynamicBook using the “Submit to Publisher” feature of the  DynamicBook, you grant the publisher of the DynamicBook and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform all or any part of your customizations and User Content therein throughout the world in any media.  You understand and agree that any or all such customizations and/or materials submitted using the “Submit to Publisher” feature may be used independently of your Customized Version, and that the publisher of the DynamicBook and/or its affiliates will have the right, but not the obligation, to use your name in connection with its use of customizations and/or other materials so submitted.  Whenever you submit materials through this site, you also grant each user of your Customized Version (whether through this site or any other website) a nonexclusive license to access the Customized Version and any other materials you submit through the site and to reproduce portions of the Customized Version for their personal, non-commercial use.

With respect to any materials you submit through this site, including without limitation materials included in your Customized Version  (“User Content”):

  1. You represent and warrant to us that: (i) written permission of the copyright holder has been obtained by you for any material of others included in the User Content, which permission is sufficient to permit you to grant all rights granted by you in this Agreement, and (ii) none of the User Content contains anything which violates any right of privacy or any personal or other right of any kind of any person or entity, is libelous, or plagiarizes any other work or infringes any copyright, trademark or other proprietary right, or will otherwise give rise to any legal action;
  2. You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
  3. You acknowledge that if, in our sole opinion, the User Content raises any legal risks, we have the right to exclude such User Content from the Customized Version and/or from the site without any prior notice to you.

We have no obligation to verify the accuracy of any customizations made in a Customized Version.  We will not delete or reverse any instructor customization to the DynamicBook until termination of the applicable adoption period, unless we believe, in our sole discretion, that such customization (i) violates this Agreement or any Terms of Use applicable to this website, or (ii) is otherwise false, misleading, or inaccurate.

 Royalty for Customized Versions 

We will pay (or arrange for the publisher of the DynamicBook to pay) a royalty of $1.00 for every copy of your Customized Version (and, if such Customized Version is published in a print-on-demand (“POD”) version, for every POD version) purchased from us during the semester for which your Customized Version is first published, net of returns, subject to the following conditions:

  1. You must make at least four (4) of the following seven (7) customizations to your Customized Version:
    1. Upload 3 text files (which may include, without limitation, course notes and syllabi);
    2. Insert 3 weblinks;
    3. Edit content in at least 3 chapters;
    4. Edit problems in at least 3 chapters;
    5. Create 10 new problems;
    6. Highlight content in at least 3 chapters;
    7. Create notes for your students in at least 3 chapters.
  2. In order for the customizations listed in the preceding paragraph to count toward fulfillment of the conditions for payment of a royalty, such customizations must be submitted to the Publisher using the “Submit to Publisher” feature of the DynamicBook.  Please see the section of this Agreement entitled “Your Customizations” for an explanation of the rights you grant to us when you submit customizations using the “Submit to Publisher” feature.
  3. If you own rights in your customizations, the royalty specified above will be paid directly to you.  If you inform us that your educational institution or other employer owns rights in your customizations, we will pay the royalty to your educational institution or employer.  When you elect to receive your royalty, you will be asked to indicate whether the royalty is to be paid to you or to your educational institution or other employer.
  4. DB reserves the right to terminate the DynamicBook royalty program at any time; however, any such termination will not affect your right to receive royalties for purchases made during the semester for which your Customized Version was first published if the royalty program was in place at the time you adopted the DynamicBook.

 DISCLAIMERS  

YOUR USE OF THE DYNAMICBOOK IS AT YOUR SOLE RISK.  THE DYNAMICBOOK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  DB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTY THAT: ACCESS TO THE DYNAMICBOOK WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT THE DYNAMICBOOK OR OTHER INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DB OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  DB DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE OF THE DYNAMICBOOK OR OTHER MATERIALS OR SERVICES ON THIS SITE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.

Limitation of Liability  

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER DB NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE DYNAMICBOOK.  THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.   

UNDER NO CIRCUMSTANCES WILL DB OR ANY OF ITS AFFILIATES BE LIABLE FOR MORE THAN $1,000.  THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification 

You agree to indemnify, defend and hold harmless DB, the publisher of the DynamicBook (if different), its and their affiliates and licensees, and the officers, directors, members, employees, contractors, other agents and customers of each of them from any loss, damage, payment, settlement, judgment or other expense (including reasonable attorneys’ fees and disbursements) arising out of or resulting from (i) any violation of this Agreement, including any representation, warranty or covenant hereunder, or (ii) any claim that you have violated any third-party right, or that your submission of any customization or other User Content  and/or the use thereof by us and/or the publisher of the DynamicBook (if different) caused harm or damage to a third party.   

Jurisdiction 

 Bedford, Freeman & Worth, LLC is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States.  The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern this Agreement and your use of the DynamicBook, and you irrevocably consent to the exclusive jurisdiction of the courts located in the City and State of New York for any action to enforce this Agreement.  By using the DynamicBook, you agree you have waived trial by jury in any action or proceeding arising out of or related to the use of the DynamicBook.   

Miscellaneous 

If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.  This Agreement constitutes the entire understanding between you and DB with respect to use of DynamicBook and the contents thereof, superseding all prior or contemporaneous communications, except that any Terms of Use and/or Privacy Notice applicable to the website through which the DynamicBook is accessed shall apply to your use of the DynamicBook through such site.  In the event of a conflict between this Agreement and such Terms of Use or Privacy Notice, the terms of this Agreement shall govern; provided, however, that to the extent possible on the basis of a reasonable construction of the documents, this Agreement and any applicable Terms of Use and/or Privacy Notice shall be interpreted in a consistent manner.  A printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.