CAMBRIDGE LEARNING MANAGEMENT SYSTEM ('CLMS')
TERMS OF USE

This Terms of Use (together with the documents referred to in it) is a legal agreement between You, the End User, and Us. By clicking to accept the Terms of Use and by using the Website You are indicating that You agree to be bound by the Terms of Use. Please note there are sections within this Terms of Use which are applicable to you depending on your access level and usage rights. Please read these Terms of Use very carefully.

If you do not agree to the Terms of Use, You are not authorised to use or continue to use the Website or the Online Product.

We may amend the Terms of Use at any time and any revised version will be displayed on the Website. Please check this page from time to time to take notice of any changes We make.

  1. 1. INFORMATION ABOUT US
    1. 1.1. The Website is a site operated by Cambridge University Press and Cambridge English Language Assessment. Cambridge University Press and Cambridge English Language Assessment are departments of the Chancellor, Masters and Scholars of the University of Cambridge.

    2. 1.2. Cambridge University Press’ principal place of business is at the University Printing House, Shaftesbury Road, Cambridge, CB2 8BS. VAT number is 823847609.

    3. 1.3. Cambridge English Language’s principal place of business is at Hills Road, Cambridge, CB1 2EU.

    4. 1.4. In the event of any comments or questions concerning the Terms of Use, please contact us by e-mailing the Legal and Business Affairs at legalservices@cambridge.org or writing to Legal and Business Affairs at University Printing House, Shaftesbury Road, Cambridge, CB2 8BS.

  2. 2. OTHER APPLICABLE TERMS
    1. 2.1. Our Privacy Policy: http://www.cambridgelms.org/main/p/privacypolicy sets out the terms on which We process any personal data We collect from You, or that you provide to Us and the cookies on Our Website. By using the Website, You consent to such processing and You warrant that all data provided by You is accurate.

  3. 3. DEFINITIONS
    1. 3.1. Account: means an account to the Website;

    2. 3.2. Activate: means activating the Online Product using the Activation Code;

    3. 3.3. Activation Code: means the code necessary to register and activate the Online Product;

    4. 3.4. Authorised Users: a Student, Teacher, Teacher Plus or Client Administrator who is authorised to access the Online Product, and, in the case of an Institution Student, is authorised to access the Online Product as a part of a Class;

    5. 3.5. We, Us, Our: means Cambridge University Press and Cambridge English Language Assessment,departments of the Chancellor, Masters and Scholars of the University of Cambridge;

    6. 3.6. Class/ Classes: is a class created within the LMS and administered by the Institution for the purposes of teaching with the Online Product and to which access may be granted by the Client Administrators;

    7. 3.7. Client Administrators: individuals authorised by the Institution to administer access to the Class(ses) on behalf of the Institution;

    8. 3.8. Client Administrator Access Term: means the fixed period of time for which a Client Administrator is authorised to access the Client Administrator Access to the Website, the duration of which will be notified to You when access is granted;

    9. 3.9. Client Administrator Access: means the access Client Administrators are permitted on the Website as further set out in section 10;

    10. 3.10. Terms of Use: means these terms of use;

    11. 3.11. Individual: is a Student who has purchased access to the Online Product but who is not an Institution Student;

    12. 3.12. Institution: is the school or institution at which Institution Students, Teachers and Client Administrators have access to the Online Product;

    13. 3.13. Institution Student(s): means a student of the Institution;

    14. 3.14. Licence: as set out in section 5 of this Terms of Use;

    15. 3.15. Online Product: the online product You or Your Institution has purchased;

    16. 3.16. Students: shall include Institution Students and Individuals;

    17. 3.17. Teacher(s): means a teacher of the Institution;

    18. 3.18. Teacher Access Term: means the fixed period of time for which Teachers are authorised to access the Online Product and Teacher Access to the website, the duration of which will be notified to You when access is granted;

    19. 3.19. Teacher Access: means the Teacher access levels to which Teachers are permitted on the Website as further set out in section 9;

    20. 3.20. Teacher Plus: means a Teacher authorised by the Institution to administer access to the Class(ses) on behalf of the Institution;

    21. 3.21. Teacher Plus Access Term: means the fixed period of time for which a Teacher Plus is authorised to access the Teacher Plus Administrator Access to the Website, the duration of which will be notified to You when access is granted;

    22. 3.22. Teacher Plus Administrator Access: means the access Teacher Plus are permitted on the Website as further set out in section 11;

    23. 3.23. You / Your: means an Authorised User of the Website;

    24. 3.24. Website: means the website accessed via
      http://www.cambridgelms.org
      http://www.cambridgelms.org/main/
      http://www.cambridgelms.org/touchstone2/
      http://www.cambridgelms.org/primary/

  4. 4. ACCESS TO THE ONLINE PRODUCT
    1. 4.1. In the event that You are accessing the Online Product as a Student the terms of this section 4.1 will apply. Access to the Online Product is granted in one of two ways:

      1. 4.1.1. If You are an Institution Student, Your Institution will need to register for access to this Website for a specified period of time before you can qualify as an Authorised User. Access will be via usernames and passwords which will be administered by your Institution by the Client Administrator. Where access is via IP addresses, an appropriate IP address range(s) to the Institution’s site must be registered to activate each electronic purchase. The Client Administrator is entirely liable for all activities conducted through an Account, and is responsible for ensuring Authorised Users are aware of the terms of this Terms of Use and comply with this Terms of Use; or

      2. 4.1.2. On purchase or receipt of an Activation Code for a particular course, you will be able to use the Activation Code in order to access the Online Product on the Website. Access will be granted for a fixed period of time, the full details of which will be notified to you alongside the information supplied with the Activation Code. All Activation Codes must be valid and may be used only once.

    2. 4.2. In the event that You are accessing the Online Product as a Teacher the terms of this section 4.2 will apply. Teacher Access to the Online Product is granted in one of two ways:

      1. 4.2.1. Teachers will be registered by the Client Administrators for access to this Website for a specified period of time and will establish an account before you can qualify as an Authorised User. Access will be via usernames and passwords which will be administered by your Institution by the Client Administrator. Where access is via IP addresses, an appropriate IP address range(s) to the Institution’s site must be registered to activate each electronic purchase. Responsibility for the allocation of the IP addresses to the subscription lies with the Client Administrator (and not the publisher or service provider). The Client Administrator is entirely liable for all activities conducted through an Account, and is responsible for ensuring Authorised Users are aware of the terms of this Terms of Use and comply with this Terms of Use; or

      2. 4.2.2. Teachers will register on the Website as an Authorised User, then the Client Administrators will assign teacher privileges as set out in section 9 of this Terms of Use.

    3. 4.3. In the event that You are accessing the Online Product as a Client Administrator the terms of this section 4.3 will apply. Client Administrator Access to the Website is granted in one of two ways:

      1. 4.3.1. The Institution will contact Us and Client Administrators will be registered for access to this Website for a specified period of time and will establish an account before you can qualify as an Authorised User. Access will be via usernames and passwords which will be administered by your Institution by the registrant. Where access is via IP addresses, an appropriate IP address range(s) to the Institution’s site must be registered to activate each electronic purchase. Responsibility for the allocation of the IP addresses to the subscription lies with the registrant (and not the publisher or service provider). The registrant is entirely liable for all activities conducted through an Account, and is responsible for ensuring Authorised Users are aware of the terms of this Terms of Use and comply with this Terms of Use; or

      2. 4.3.2. Client Administrators will register on the Website as an Authorised User, then on notification by your Institution, We will assign Client Administrators Access privileges as set out in section 10 of this Terms of Use.

    4. 4.4. In the event that You are accessing the Online Product as a Teacher Plus the terms of this section 4.4 will apply. Teacher Plus Access to the Website is granted in one of two ways:

      1. 4.4.1. Teachers Plus will register on the Website as an Authorised User and enter a school code during registration, then at the Client Administrator’s discretion, the Client Administrator will assign Teacher Plus Access; or

      2. 4.4.2. Teachers Plus will register on the Website as an Authorised User, the Teacher Plus’ details will be verified by Us and at Our discretion, We will grant Teacher Plus Access.

  5. 5. LICENCE
    1. 5.1. You or Your Institution have purchased the Online Product and in return We agree to grant You the non-exclusive and non-transferable right to use the Online Product by using the Website platform via the Website for the purposes of:

      1. 5.1.1. research, teaching and private study if you are a Teacher;

      2. 5.1.2. private study if you are a Student;

      3. 5.1.3. research, teaching, private study, administering Institution Student enrolment and Class management if you are a Teacher Plus;

      4. 5.1.4. administering Teachers, Institution Student enrolment and Class management if you are a Client Administrator

    2. 5.2. For Students this Licence shall commence on the day you Activate your Online Product until the expiry of the Online Product.

    3. 5.3. For Client Administrators, this Licence shall commence on the date you are permitted Client Administrator Access for the duration of the Client Administrator Access Term.

    4. 5.4. For Teachers Plus, this Licence shall commence on the date you are permitted Teacher Plus Access for the duration of the Teacher Plus Access Term.

    5. 5.5. For Teachers, this Licence shall commence on the date you are permitted to Teacher Access for the duration of the Teacher Access Term.

  6. 6. ACCESSING THE WEBSITE
    1. 6.1. Whilst We will try Our best to make sure the Website, and any content on it, will be available or be uninterrupted, We will not be liable to You if for any reason the Website is unavailable at any time or for any period.

    2. 6.2. You are responsible for making all arrangements necessary for You to have access to the Website.

  7. 7. YOUR ACCOUNT AND PASSWORD
    1. 7.1. You must keep Your username, password or any other piece of information used as a part of Our security procedures as confidential. You must not disclose it to any third party.

    2. 7.2. We have the right to disable any username or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of this Terms of Use.

    3. 7.3. If You know or suspect that anyone other than You knows Your username and password, You must promptly notify us at: lms.support@cambridge.org

  8. 8. STUDENT’S USAGE RIGHTS
    1. 8.1. As a Student, subject to the other sections within the Terms of Use, you may:

      1. 8.1.1. Access, search and view the Online Product and Website;

      2. 8.1.2. View progress results; and/or

      3. 8.1.3. Download and print the Online Product (subject to any restrictions detailed on this website that may be placed on downloading or printing of Online Product at page level)

      for educational use only and provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Online Product are removed in whole or in part.

    2. 8.2. For Institution Students, you may also:

      1. 8.2.1. join a Class; and

      2. 8.2.2. interact with other Institution Students and Teachers and use collaboration tools.

  9. 9. TEACHER’S USAGE RIGHTS
    1. 9.1. As Teachers, subject to the other sections within the Terms of Use, you may:

      1. 9.1.1. access, search and view the Online Product;

      2. 9.1.2. interact with students, use collaboration tools, and view progress results;

      3. 9.1.3. download and print the Online Product (subject to any restrictions detailed on the Website that may be placed on the downloading and printing of the Online Product at page level); and/or

      4. 9.1.4. use the Online Product on an electronic or interactive whiteboard,

      for educational, non-commercial teaching purposes, personal use and/or internal circulation within the Institution only and provided that no trade mark, copyright or other proprietary notices contained in or appearing on such Online Product are removed in whole or in part.

  10. 10. CLIENT ADMINISTRATOR’S USAGE RIGHTS
    1. 10.1. As Client Administrators you are granted access to the Client Administration Module, all Client Administrators (subject to the other sections within the Terms of Use), may:

      1. 10.1.1. provide access for Authorised Users to the Online Product as part of a Class on the Website, subject to each such Authorised User entering either an Activation Code or a username and password provided by the Client Administrator, and clicking to accept the Terms of Use;

      2. 10.1.2. create Class(es) in the Website for groups of Authorised Users;

      3. 10.1.3. create, upload and distribute Institution Student or Teacher data in the Website;

      4. 10.1.4. manage Authorised User accounts and access rights to a Class;

      5. 10.1.5. troubleshoot any issues relating to access by Authorised Users to the Online Product via the Website;

      6. 10.1.6. access, search and view the Online Product for the purpose of internal marketing or testing or for training Authorised Users or groups of Authorised Users.

  11. 11. TEACHER PLUS’S USAGE RIGHTS
    1. 11.1. As Teachers Plus you are granted access to the Client Administration Module, all Teachers Plus (subject to the other sections within the Terms of Use), may:

      1. 11.1.1. provide access for Authorised Users to the Online Product as part of a Class on the Website, subject to each such Authorised User entering either an Activation Code or a username and password provided by the Teacher Plus, and clicking to accept the Terms of Use;

      2. 11.1.2. create Class(es) in the Website for groups of Authorised Users;

      3. 11.1.3. create, upload and distribute Institution Student data in the Website;

      4. 11.1.4. manage Authorised User accounts and access rights to a Class; and

      5. 11.1.5. have the same usage rights as Teachers.

  12. 12. UPLOADING CONTENT TO OUR SITE
    1. 12.1. Whether You make use of a feature that allows You to upload content to the Website, or to make contact with other users of the Website, You must ensure contributions:

      1. 12.1.1. are accurate (where they state facts);

      2. 12.1.2. are genuinely held (where they state opinions);

      3. 12.1.3. comply with applicable law in any country from which they are posted;

      4. 12.1.4. do not contain any material which is defamatory of any person;

      5. 12.1.5. do not contain any material which is obscene, offensive, hateful or inflammatory;

      6. 12.1.6. do not promote violence;

      7. 12.1.7. do not promote sexually explicit material;

      8. 12.1.8. do not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise;

      9. 12.1.9. will not infringe any copyright, database right or trade mark of any other person or company;

      10. 12.1.10. will not be likely to deceive any person;

      11. 12.1.11. are not made in breach of any legal duty owed to a third party, such as contractual duty or a duty of confidence;

      12. 12.1.12. do not promote illegal activity;

      13. 12.1.13. are not threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

      14. 12.1.14. are not likely to harass, upset, embarrass, alarm or annoy any other person;

      15. 12.1.15. are not used to impersonate any person, or to misrepresent your identify or affliction with any person;

      16. 12.1.16. do not give the impression that they emanate from us, if this is the case;

      17. 12.1.17. do not advocate, promote or assist any unlawful act such as (by way of example only), copyright infringement or computer misuse; and

      18. 12.1.18. comply with the content standards set out in section 12.

    2. 12.2. You warrant that any such contribution does comply with those standards, and You will be liable to use and indemnify Us for any breach of that warranty.

    3. 12.3. Any content You upload to the Website, or to any third-party sites linked to the Website (e.g. SurveyMonkey©), will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

    4. 12.4. Subject to any laws and regulations, we also have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

    5. 12.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by You or any other user of the Website.

    6. 12.6. We have the right to remove any posting You make on the Website and/or remove Your right to use the Website and Online Product and will not be entitled to a refund to the Online Product if, in Our opinion Your post does not comply with the content standards set out in the Terms of Use.

    7. 12.7. The views expressed by other Authorised Users on the Website do not represent Our views or values.

  13. 13. USE OF THE WEBSITE BY MINORS
    1. 13.1. The use of this Website by minors is subject to the consent of their parent or guardian. We advise parents or guardians who permit their children to use this Website that it is important that they communicate with their children about their safety online. Minors who are using this Website should be made aware of the potential risks to them and of their obligation to comply with the Terms of Use when using this Website.

    2. 13.2. We will do Our best to assess any possible risks to minors from third parties when they use this Website and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks.

    3. 13.3. For minors under 14, the email address used for registration must be that of their Teacher, parent or guardian.

  14. 14. ADDITIONAL PRIVACY INFORMATION
    1. 14.1. You give us information about yourself by filling in the registration form on the Website or by corresponding with us by email or otherwise. The information you give us may include your name, e-mail address and date of birth.

    2. 14.2. We use the information You give Us to carry out our obligations under the Terms of Use and any other contracts between You and Us, including but not be limited to:

      1. 14.2.1. providing You with the information, products and services You request from Us;

      2. 14.2.2. using your information to notify You about changes to Our service.

  15. 15. MODERATION
    1. 15.1. This Website is not moderated. We will not be responsible as author, editor or publisher of any uploaded content by anyone and we expressly exclude Our liability for any loss or damage arising from the use of the uploaded material by any person.

  16. 16. ACCEPTABLE USE
    1. 16.1. You may use the Website only for lawful purposes. You may not use the Website or Online Product:

      1. 16.1.1. in any way that breaches any applicable local, national or international laws or regulations;

      2. 16.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. 16.1.3. for the purpose of harming or attempting to harm others;

      4. 16.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (spam);

      5. 16.1.5. use any part of the Website, equipment or network on which the Website is stored, to interfere with, damage or disrupt the Website.

    2. 16.2. You also agree:

      1. 16.2.1. Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the Terms of Use.

  17. 17. VIRUSES
    1. 17.1. We do not guarantee that the Website will be secure or free from bugs or viruses.

    2. 17.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use Your own viruses protection software.

    3. 17.3. You must not misuse the Website by knowingly introducing or transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  18. 18. INTELLECTUAL PROPERTY RIGHTS
    1. 18.1. Unless provided otherwise, We are the owner of all intellectual property rights in the Website and Online Product, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. 18.2. You may print off one copy, and may download extracts, or any page(s) from the Website for Your personal use and where applicable you may draw the attention of others within your Institution to content posted on the Website.

    3. 18.3. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged

    4. 18.4. You must not use any part of the content on the Website or Online Product for commercial purposes without obtaining a licence to do so from Us.

    5. 18.5. If You breach any terms within this section 18.3, Your right to use the Website and Online Product will cease immediately and will not be entitled to a refund to the Online Product.

  19. 19. LIMITATION OF OUR LIABILITY
    1. 19.1. Nothing in this Terms of Use excludes or limits Our liability for death or personal injury arising from Our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English Law.

    2. 19.2. To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to the Website and Online Product, whether express or implied.

    3. 19.3. We cannot be liable to any Authorised User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or Online Product; or use of or reliance of any content displayed on the Website or Online Product.

    4. 19.4. If:

      1. 19.4.1. you are an Individual, please note that, We only provide the Website for domestic and private use and You agree not to use the Website for any commercial or business purposes, or;

      2. 19.4.2. if you are an Institution Student, Teacher, Teacher Plus or Client Administrator, You agree we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity

    5. 19.5. We will not be liable for any loss or damage caused by a virus, denial of service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our site or to Your downloading of any content on it, or on any website linked to it.

    6. 19.6. We assume no responsibility for the content of websites linked to the Website. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.

  20. 20. THIRD PARTY LINKS AND RESOURCES TO THE WEBSITE
    1. 20.1. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only.

    2. 20.2. We have no control over the contents of those websites or resources.

  21. 21. USE OF STATISTICAL DATA
    1. 21.1. We shall be permitted to use statistical data arising out of use of this Website by an End User. We undertake to use this data only for internal editorial purposes, academic research purposes and to monitor the use of this Website. We may pass this data to any of Our branches worldwide. No personal data will be included in this statistical data and the privacy policy will remain in force.

    2. 21.2. In the event that we decide to collect certain information from You as a part of Our computerised corpus of English text held on Our database, We shall also be permitted to use certain information from any content or material uploaded onto the Website by the Authorised Users (namely language, age band and nationality). This data will only be used by Us for the purposes of research and development. We may grant third parties access to some or all of the data collected from the content or material uploaded onto the Website for research, teaching and development purposes, or may license third parties the right to use such data in third party publications. Where content or material uploaded onto the Website by Authorised Users is provided to third parties, it shall be anonymised before being sent to them.

  22. 22. FAIR DEALING
    1. 22.1. Nothing in this Terms or Use shall limit your rights to undertake ‘fair dealing’ of the Content, as defined under the Copyright, Design and Patent Act 1998.

  23. 23. APPLICABLE LAW
    1. 23.1. If you are an Individual, please note that this Terms of Use, its subject matter and its formation, are governed by English Law.

    2. 23.2. If you are a Student, Client Administrator, Teacher Plus or Teacher, this Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English Law. You agree to the exclusive jurisdiction of the Courts of England.

  24. 24. LANGUAGE VERSION
    1. 24.1. In the event that the Terms of Use is translated into any language other than English, the terms of the English language version shall prevail.

  25. Last Updated: 4 February 2015