Apress Access terms and conditions
These Terms and Conditions govern the contractual relationship between Springer Customer Service Center LLC, 233 Spring Street, New York, New York, 10013 (“SCSC”) and the subscribers registered at apress.com (“Subscriber”). By registering on apress.com, the Subscriber and SCSC hereby agree to be bound by and comply with these Terms and Conditions (also referred to as the “Agreement”).
1. Description of the Platform
Apress is a technical publisher devoted to meeting the needs of IT, computing and business professionals, software developers, and programmers. On the website www.apress.com (also referred to as the “Platform”), SCSC provides access to the current and past viable ebook content published by Apress through a subscription package called Apress Access (based on availability and the restrictions set forth in Section 5, such ebooks are hereinafter referred to as “Apress Content”). These Terms and Conditions govern the conditions on which the Subscriber can purchase a subscription and use Apress Content.
2. Registration and user account
2.1 In order to purchase a subscription and use Apress Content, the Subscriber must register; thereby creating a user account. Subscriber must complete the registration by entering his/her contact information and payment information unless already registered at Apress.com. After completion, Subscriber will receive an e-mail, confirming the registration. Using the login from this email, Subscriber may now browse and access Apress Content on the Platform.
2.2 The Subscriber is solely responsible for maintaining the confidentiality and security of the account and for all activities that occur on or through the account. The Subscriber agrees to immediately notify SCSC of any security issues of the account which the Subscriber becomes aware of. SCSC shall not be responsible for any losses arising out of the unauthorized use of the account. The Subscriber furthermore agrees to provide only accurate and complete information when registering with the Platform and to regularly update the registration data.
3. Subscription Options
3.1 Only Subscriber may access and use the Apress Content included in the purchased Subscription Package and any related subscription benefits SCSC may provide. If the Subscriber is a company, the company must have the user register and only that person may access and use the Apress Content included in the Subscription Package assigned to him/her or any related subscription benefits SCSC may provide. For more than one user, companies should contact firstname.lastname@example.org
3.2 For the life of the subscription, Subscriber can access the Apress Content included in the purchased Subscription Package on the home page of Apress.com.
4. Grant and Scope of License
4.1 Subject to Subscriber’s compliance with these Terms and Conditions, and except as otherwise stated therein, SCSC hereby grants the Subscriber a non-exclusive, revocable and non-transferrable license to access the Apress Content for the duration set forth in these Terms and Conditions.
4.2 Subscriber may, solely for personal purposes:
- access (including remote access) browse, view, collate, display, search and retrieve the Apress Content,
- download a copy of individual items of the subscribed Apress Content
- save the content of a chapter as a HTML document without the links in the chapter for Subscriber’s use only, and
- supply electronic copies of individual articles or eBook chapters of the Apress Content when required by law for use in legal proceedings;
5. Prohibited Uses
Subscriber and Authorized User shall not:
- remove, obscure or alter any copyright or other notices, trademarks, logos, service marks or any other proprietary rights appearing in or on the Apress Content without written permission from SCSC,
- update, change, revise, adapt, modify, translate, transform or create any derivative work of the Apress Content,
- re-distribute, reproduce, or transmit the Apress Content by any means including electronic (e. g., via e-mail) nor post it on their personal or public websites or on public networks,
- systematically download any Apress Content except as provided for herein, use routines designed to continuously and automatically search and index the Apress Content (full text and meta data), such as web-crawling or spider programs or engage in any activity likely to burden Apress’s websites,
- directly or indirectly use or assist any third party to use the Apress Content for any commercial or monetary purposes including without limitation any sale, resale, loan, transfer or upload of the Apress Content to a commercial or non-commercial entity’s internet website, or otherwise charge a fee for access.
6. Rights and Obligations of SCSC
6.1 SCSC reserves the right to monitor, investigate and analyze all available data including log files to detect misuse of the Apress Content by Subscriber and Authorized Users. SCSC will inform Subscriber in any case of misuse.
6.2 SCSC shall use reasonable efforts to provide online availability of the Platform and the Apress Content, subject to periodic unavailability due to server and software maintenance and services outside of SCSC’s control, and to restore access to the Apress Content as promptly as possible in the event of an interruption or suspension of access to the Platform.
6.3 SCSC reserves the right and has sole discretion to withdraw any part of the Apress Content to which it no longer retains the right to publish or it has reasonable grounds to believe is unlawful, harmful, false or infringing.
6.4 SCSC retains the right to block or otherwise prevent any tampering or unauthorized use of the Platform in violation of these Terms and Conditions.
6.5 SCSC or its licensors retains all right, title, and interest in and to the Content, and any trademarks, patent rights, copyrights, and rights to any ideas and designs relating to the Apress Content, the Platform, and all software used to access the same.
7. Rights and Obligations of Subscriber
7.1 Subscriber shall use best efforts to ensure that access and use of the Apress Content is limited to the subscriber.
7.2 Subscriber shall promptly inform SCSC of any breaches in security in Subscriber’s accounts.
7.3 If Subscriber becomes aware of any unauthorized use of the Apress Content, Subscriber shall immediately inform SCSC and shall take appropriate steps to ensure that such activity ceases and to prevent its recurrence. Subscriber agrees to terminate the access to any subscription content, included any downloaded Apress Content upon termination of the subscription.
8. License Fee
8.1 Subscriber shall pay the annual fee for the purchased Subscription Package (the “License Fee”). The price of the Subscription Package is displayed at the Platform. Subscriber agrees that the granting of rights in or to the Apress Content under these Terms and Conditions only becomes effective if the Subscriber has paid in full all amounts due to SCSC. The subscription, and renewals thereof, will only be made available up payment.
8.2 All amounts payable by Subscriber shall be exclusive of any sales, use, withholding, value added or similar taxes, government fees or levies or other assessments which shall be the sole responsibility of Subscriber.
9. Term and Termination
9.1 This Agreement automatically renews every twelve (12) months subsequent to the purchase of the Subscription by Subscriber, respectively twelve (12) months subsequent to any following renewal date. The Subscriber may terminate the Agreement not earlier than 6 weeks prior, but not later than 1 week prior to the respective renewal date.
9.2 SCSC may terminate this Agreement without further notice if the Subscriber materially breaches the Agreement.
9.3 In the event of termination or expiration of this Agreement, Subscriber shall discontinue accessing the respective Apress Content via the Platform and the license grant shall terminate with regard to the Apress Content, including but not limited to any downloaded Apress Access Content. All Apress content purchased prior to the original subscription date shall remain available and are not subject to the expiration of the subscription. All indemnification obligations herein shall survive such termination or expiration.
10. Representations, Warranties, Indemnification
10.1 SCSC represents and warrants that, to its knowledge (i) it has sufficient copyrights, ownership rights and/or utilization rights in and to the Apress Content, and that (ii) use of the Apress Content by Subscriber in accordance with these Terms and Conditions shall not infringe any United States copyright, trademark, patent, or rights of privacy or publicity of any third party.
10.2 SCSC shall indemnify, defend, and hold harmless Subscriber from and against any and all claims, demands, obligations, costs, losses and liabilities, including reasonable attorney fees incurred by Subscriber which arise out of an alleged violation of its representations and warranties set forth herein.
10.3 EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SCSC PROVIDES THE APRESS CONTENT "AS IS" AND MAKES NO OTHER REPRESENTATION OR WARRANTY. SCSC EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE APRESS CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCSC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4 Subscriber shall indemnify, defend, and hold harmless SCSC and its subsidiaries, affiliates, divisions, successors and assigns from and against any and all claims, demands, obligations, costs, losses and liabilities, including reasonable attorney fees incurred by Subscriber which arise out of an alleged violation of its representations and warranties set forth herein.
11.1 SCSC may assign its rights or delegate its obligations, or any part thereof under this Agreement without the prior consent of Subscriber. Subscriber may not assign its rights or delegate its obligations or any part thereof under the Agreement without the prior written consent of SCSC. Any attempt by Subscriber to assign or delegate any rights or obligations set forth in the Agreement without SCSC’s prior written consent shall be prohibited.
11.2 Either party’s delay or failure to perform any term or condition of the Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of the Agreement.
11.3 If any provision of these Terms and Conditions is invalid, illegal or incapable of being enforced, by reason of any rule of law or public policy, all other provisions shall nevertheless remain in full force and effect.
11.4 The rights and obligations of the parties under these Terms and Conditions shall be construed, interpreted and determined in accordance with the laws of the State of New York without reference to the choice-of-law principles of this state or any other jurisdiction.
11.5 The parties acknowledge and agree that any controversies arising out of these Terms and Conditions shall be decided exclusively in the federal and state courts located within the Southern District of New York, and consent to personal jurisdiction therein. EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL, OBJECTION TO VENUE OR INCONVENIENT FORUM.
11.6 All notices given pursuant to these Terms and Conditions shall be in writing (letter or e-mail) and shall be deemed given upon receipt thereof. Notice to SCSC shall be email@example.com or the postal address set forth above. Notice to Subscriber shall be to Subscriber’s e-mail or postal address as provided by Subscriber by registering the user account.
11.7 These Terms and Conditions are solely for SCSC's and Subscriber's benefit. They are not for the benefit of any other person, except for permitted successors and assigns under this Agreement.