Our MyCosmicLab Terms of Use - updated September 2012

The website MyCosmicLab (the "Site") is operated by Conceptum AS, 12 Cheyden Street, 10434 Athens, Greece on behalf of Pearson Education Limited ("we" or "Pearson").

Please read these Terms of Use carefully, which include the Privacy Policy. If you ("you" or "User") are under eighteen (18) years of age or the age of majority in your country, then please read these Terms of Use and the Privacy Policy with your parent or legal guardian.

By using or accessing this Site, you represent that you (or your parent or legal guardian on your behalf if you are a minor) have read, understood and agree to the Terms of Use in their entirety, including the Privacy Policy. If you, or in the case that you are a minor, your parent(s) or legal guardian(s) do not agree with any part of the Terms of Use, including the Privacy Policy, then please do not use or access the Site.

We may change, add to or delete portions of these Terms of Use (including the Privacy Policy) at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Use or in the case that you are a minor, your parent's or legal guardian's acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Site.

We reserve the right, at our sole discretion, to make any changes to the Site and levels of service offered and to terminate access at any time.

User Accounts

You will need to register for a user account in order to use the Site, using the unique ACCCESS CODE. Your school will register you in the system. When the school registers you they will give you a username and password. You should keep this information safe and not share it with anyone other than your parents or teacher. You agree not to use anyone else's user name and password to access the Site. Pearson reserves the right to suspend or terminate a user account at any time in the event that a user does not comply with any provision of these Terms of Use. Pearson further reserves the right to suspend or terminate a user account that has been inactive for a period of six (6) months or more. Pearson will not be liable for any losses arising out of the unauthorised use of your account.

Right to Use this Site

Pearson grants you a personal, limited, non-exclusive, revocable licence to access and use this Site for your personal, non-commercial and classroom use subject to this Terms of Use. "Classroom use" refers to non-commercial uses by a qualified teacher during a class or as homework of students learning English in a qualified educational learning environment.

In addition to other proprietary rights specified in this Terms of Use, Users may not: a) frame or utilise framing techniques to enclose any element, including without limitation, any text, graphics, images or trademark on the Site (collectively, "Elements"); b) gather, obtain, use, access or otherwise copy the Site or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; c) use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site or such services; d) directly or indirectly attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site; or e) engage in any activity that interferes with another User's access, use or enjoyment of this Site.

All trademarks used herein are the property of their respective owners. 'Pearson' and 'MyLab' are all trade marks of Pearson Education Limited or other companies in the Pearson Education group.

Ownership of Intellectual Property

All material on or available through this Site is (unless otherwise stated) 2011 Pearson Education Limited and its licensors. All rights are reserved.

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. User may download one (1) single copy of the copyrighted material for User's personal, non-commercial use only. 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. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

Privacy

Registration details or other information you provide to us as part of our registration process will be treated in accordance with our Privacy Policy which can be viewed here. By using the Site, you are consenting to have your personal data transferred to and processed by us in line with our Privacy Policy which forms part of these Terms of Use.

Blogs

If you create Personal or Unit Blogs on MyCosmicLab and if you comment on another MyCosmicLab user's blog or post material or external links on the MyCosmicLab blogs, you are fully responsible for all activities that occur under your account and any other actions taken in connection with the blogs. You must not describe or assign keywords to your blogs in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, including Pearson. You must not submit content which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person; which will compromise the privacy or data protection rights of any person.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;


Pearson may change or remove any description or word or blog that it considers inappropriate or unlawful, or otherwise likely to cause Pearson liability. You must immediately notify Pearson of any unauthorized uses of your blog, your account, your password or any other breaches of security.

Without limiting any of those representations or warranties, Pearson has the right (though not the obligation) to, in Pearson's sole discretion (i) remove any content that, in Pearson's reasonable opinion, violates any Pearson policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the MyCosmicLab to any individual or entity for any reason, in Pearson's sole discretion. Pearson will have no obligation to provide a refund of any amounts previously paid.

Disclaimers

Whilst Pearson endeavours to ensure that the information it provides on this Site is correct, it is provided on an 'as is' basis, without warranties of any kind. No warranty, express or implied, is given that any of the content of this Site is accurate, complete or up to date. Pearson does not accept any liability for any error or omission of any content on this Site, including content provided by us or any affiliated entities or other third parties.

Any and all representations and warranties whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted by law. We do not exclude any liability in respect of death or personal injury caused by our negligence, liability for our fraud, or any other liability that we cannot exclude by law.

We cannot guarantee and do not promise any specific results from use of the Site.

Use of this Site and any content on any part of it is at your own risk. Pearson shall not be liable to any users of this Site and any third parties for any claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from a user's or third party's use or inability to use this Site or any part of it, including any loss of data or lost profits or wasted time of teachers or students even if Pearson is aware of or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Pearson's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.

While Pearson makes all reasonable attempts to exclude viruses or other code with contaminating or disruptive properties from the Site, it cannot ensure such exclusion and no liability is accepted for viruses and any computer code/software. You are recommended to take all appropriate safeguards before downloading information from this Site.

Information transmitted via this Site will pass over public telecommunications networks. We make no representation or warranty that the operation of this Site will be uninterrupted or error free and we disclaim all liability in this respect. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

Governing Law; Venue and Jurisdiction

By visiting or using the Site you agree that these Terms of Use are governed by and shall be interpreted in accordance with English law. The courts of England and Wales have exclusive jurisdiction over any dispute between you and us, irrespective of whether or not you are a registered user/subscriber and irrespective of the type of dispute. You agree not to commence or prosecute any action against us other than in the courts of England and Wales and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction of the courts of England and Wales. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Pearson makes efforts to ensure that the content on this Site fully meet the requirements of English law and foreign laws of any country where it is intended for such content to be viewed. In the event that a foreign country's law may not be fully complied with, then Pearson shall be deemed not to be directing such content to that particular country.

These Terms of Use constitute the entire agreement between you and Pearson. Pearson Education Limited shall be entitled to enforce this agreement on its own behalf and on behalf of and for the benefit of its affiliated entities. Apart from Pearson's affiliated entities who shall be entitled to enforce the terms of this agreement in the same way as Pearson, nothing in this agreement shall confer on any third party any right or benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.