Terms of Use

Use of EducationXPress will be deemed to indicate acceptance of these Terms of Use, as a condition of the User’s license.  “You” and “your” as used in these Terms of Use mean the individual user of EducationXPress, not the user’s employer or educational institution.  “User” means any person making use of EducationXPress, including you.

Behavior Guidelines for Users

The MIT Press asks that Users observe the same common courtesies that they would observe at any face to face academic gathering (or that people would expect them to observe!). Users should avoid ad hominem attacks (criticisms that are aimed at the person rather than at the ideas being espoused). The MIT Press reminds Users that, because tone of voice and facial expressions do not easily travel over the Internet, the intent of a message can easily be misinterpreted by others. The MIT Press asks that Users make the effort to type those extra few words that can change what would otherwise be a rude message into a polite, but vigorous questioning of an idea or concept.

For your own protection, and for the protection of the rights of others, do not give any personal information or your password to anyone. EducationXPress' staff will never ask you for your password.  You will be responsible for any misuse of EducationXPress, and any charges incurred, by persons using your password.  If you have reason to believe your password has been compromised, please notify us immediately at educationxpress@mit.edu.

Beyond these general principles, EducationXPress Users agree to seven basic rules of the road, designed to maintain EducationXPress as an interesting, lively, courteous, and legally permissible place:

1.     Users may not interfere with other Users' use and enjoyment of EducationXPress (for example, by harassing, threatening or stalking another participant, including the use of expressions of bigotry, racism, hatred, or profanity);

2.     Users may not use EducationXPress to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or advocate or promote physical harm or injury against any group or individual;

3.     Users may not use EducationXPress to advertise or sell products or services to others;

4.     Users must immediately inform The MIT Press if they have reason to believe that another User is infringing any copyright or other proprietary right of any person;

5.     Users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, that is in violation of applicable laws, or that is used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities;

6.     Users may not post or disclose any personally identifiable information belonging to children or display material that exploits children under 18 years of age; and

7.     Users may not impersonate another User or EducationXPress staff member.

User-Posted Content

If you post any material on EducationXPress, you are by doing so representing and warranting that such material is owned by you or used with permission of the copyright holder, and that it does not violate any of the rules listed above.

Original content posted to the site will be considered licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

  • Users must attribute the work in the manner specified by the author or licensor.
  • The MIT Press permits others to copy, distribute and transmit the work. In return, licensees may not use the work for commercial purposes — unless they get the permission of The MIT Press.
  • The MIT Press permits others to copy, distribute and transmit only unaltered copies of the work — not derivative works based on it.

Posting automatically grants to The MIT Press a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, and to allow other Users to make whatever use of such material may from time to time be authorized by the Terms of Use of EducationXPress. The MIT Press has no responsibility for the content of any material posted by Users, or for any User’s use of material posted by another User even if such use exceeds what is permitted by the Terms of Use of EducationXPress. However, if a User violates this Agreement or if The MIT Press believes in good faith that any portion of the material a User posts is infringing any copyrights or proprietary rights, The MIT Press reserves the right in its sole discretion to (i) edit or delete in whole or in part such User's posted material appearing on EducationXPress, (ii) refuse access to all or portions of EducationXPress to such User, and/or (iii) terminate such User's access. User profiles, posted messages, participation in forums and any other User posted content contain the opinions and views of other Users and The MIT Press is not responsible for their content.

Anyone who believes that content posted by any User on EducationXPress infringes any right he or she may have under copyright law may send The MIT Press a notice pursuant to Section 512 of the United States Copyright Act, 17 U.S.C. §512.  Such notice should be sent to:

Timothy J. McGovern, Manager
I/T Security Support, Information Services & Technology
Massachusetts Institute of Technology
Room N42-040k
77 Massachusetts Avenue
Cambridge, MA  02139
Tel:  617-253-0505
Fax:  617-253-8665
Email: dmca-agent@mit.edu

Please note: the notice must conform to the requirements of 17 U.S.C. §512(c)(3).

License to Use Content

Excepting the content that is covered under the Creative Commons license, the content of EducationXPress is derived from many sources, including but not limited to MIT Press, other publishers, and individuals who post material of their own. Some of this material is copy-protected, and it is a violation of these Terms of Use to disable or assist others to circumvent or disable such copy protection. With respect to any material included in EducationXPress that is not copy-protected and that is not covered under the Creative Commons license, you may: 

  • Download articles, chapters, and other similar quantities of such material for personal use, and archive similar quantities of such material on your own personal computer. Note: the purpose of this is to enable research-driven, as-needed downloading. This means (among other things) that bulk downloading is expressly forbidden, as is serial or cumulative downloading that results in your reproducing on your computer, in effect, all or any substantial subset of any journal issue or book or other work contained on EducationXPress.  “Personal computer” means any desktop computer or portable computing device that belongs to you or is assigned to you by your employer or educational institution.  “Personal use” means use exclusively for your own private study, scholarship, or research, or in connection with your study, teaching, research, or other duties at the entity under whose license you are using EducationXPress. “Personal use” does not include work on behalf of any entity other than the entity under whose license you are using EducationXPress.
  • Print out journal articles, chapters of books, and other similar quantities of such material for personal use. As above, bulk printing and serial printing that results in your reproducing all or any substantial subset of any journal issue or book or other work contained on EducationXPress are not allowed.
  • Send one copy of any article, chapter, and other similar quantity of material by email, hard copy, or fax to one person at another location for that individual's personal use as above. This means (among other things) that bulk forwarding is expressly forbidden, as is serial or cumulative forwarding that results in a third person's reproducing on his or her computer, in effect, all or any substantial subset of EducationXPress.
  • Make traditional scholarly quotation or other re-use of material within the bounds of fair use. All other uses are prohibited. Without limitation, you may not: disseminate any such material except as noted above; make multiple copies in either digital or paper form; or store any electronic file of such material on any intranet or other centrally accessible network or server, including but not limited to for "coursepack" purposes.

You may not make any other use of the content of EducationXPress unless authorized to do so by an agreement between The MIT Press and a subscribing entity with which you are affiliated as an “Authorized User.”

User Information and Privacy The MIT Press website Privacy Policy applies to EducationXPress users and is incorporated in these Terms of Use by reference. To see the terms of that policy click on “Privacy Policy” at the bottom of this page.

Links to Other Web Sites

EducationXPress may include links to other Internet sites solely as a convenience to Users. The MIT Press does not necessarily endorse any such sites or the information, material, products or services contained on or accessible through the sites.  Your access to and use of such sites, including information, material, products and services therein, is solely at your own risk.

DISCLAIMER OF WARRANTY

THE MIT PRESS AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON EDUCATIONXPRESS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. 
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT EDUCATIONXPRESS IS DISCLAIMED. 
THE MIT PRESS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM THE MIT PRESS DELETING A MEMBER PROFILE OR FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER REASONS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE MIT PRESS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MIT PRESS'S LIABILITY FOR DIRECT DAMAGES SHALL BE EXPRESSLY LIMITED TO AN AMOUNT EQUAL TO (IN THE CASE OF A SUBSCRIBER) THE ACTUAL SUBSCRIPTION PRICE MOST RECENTLY PAID BY THE SUBSCRIBER OR (IN THE CASE OF AN INDIVIDUAL USER WHO IS NOT A SUBSCRIBER) THE THEN-CURRENT INDIVIDUAL SUBSCRIPTION PRICE, EXCEPT AS STATED BELOW WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH EDUCATIONXPRESS.

WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH EDUCATIONXPRESS, THE MIT PRESS'S LIABILITY IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT ITS ELECTION, THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND EDUCATIONXPRESS WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE LAWS MAY APPLY REGARDING LIMITATION OF LIABILITY.

Purchase Representations and Warranties

In addition to the warranties and representations stated above (see “Proprietary Rights”), you represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay all charges incurred at the rates in effect at the time incurred, including all applicable taxes.

Indemnification

You agree to indemnify, defend, and hold harmless The MIT Press, its affiliates, employees, suppliers and licensors from any liability, loss, claim and expense (including reasonable attorneys' fees) related to or arising out of (i) your violation of this Agreement, and (ii) your posting of material to EducationXPress.

Changes to EducationXPress and these Terms of Use

The MIT Press may make improvements or changes in the information, services, products, and other materials on EducationXPress, or terminate EducationXPress, at any time without notice. The MIT Press may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review these Terms of Use periodically, and your continued use of EducationXPress (including any purchase or goods or services via EducationXPress) shall be deemed your acceptance of all modifications. Notification of any such modifications will be distributed to registered EducationXPress users via email and via electronic postings to the EducationXPress site user workspace.

Entire Agreement

These Terms of Use constitute the entire and only agreement between The MIT Press and you relative to EducationXPress and supersede any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to EducationXPress and any goods and services provided by or through EducationXPress.

General

The agreement created by these Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. The MIT Press's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between The MIT Press and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Any cause of action by you regarding purchase of a product or service must be instituted within six months after purchase or be forever waived and barred.
The MIT Press, MIT and Massachusetts Institute of Technology are trademarks of Massachusetts Institute of Technology. All other trademarks are the property of their respective owners.