1. Acceptance of Terms
FT Press (“FT Press”) is an imprint of Pearson Education, Inc., which is in turn part of the Pearson family of companies (collectively, “Pearson”). The Pearson “Plug & Play” Platform (“P&P”) is the platform through which you may access Pearson content and data, using P&P application programming interfaces (each, an “API”). The following terms and conditions (the “FT Press Terms”) govern your use of any FT Press API and/or any FT Press Content (as each is defined below in these FT Press Terms). By applying to register to use any FT Press API made available to you through P&P (an “FT Press API”), and/or by using any such FT Press API or FT Press Content, you agree to and are bound by these FT Press Terms. If you do not agree, you have no right or license to access or use in any way any FT Press API or FT Press Content.
2. Intellectual Property
a. Unless otherwise indicated, all logos, designs, text, graphics, artwork, audio, video, data and other content or materials provided via any FT Press API (“FT Press Content”), and all FT Press APIs, are the property of FT Press and/or its licensors or content providers, and are protected by international copyright and trademark laws. Your use of any FT Press API or FT Press Content does not transfer to you any ownership or other rights in the applicable FT Press API or FT Press Content. All rights not expressly granted to you are reserved by FT Press.
b. FT Press, the FT Press logo and other marks and logos associated with any FT Press APIs or FT Press Content (the “FT Press Marks”) are trademarks, trade names and service marks owned by Pearson Education, Inc. and/or its licensor(s). Other than as expressly permitted in these FT Terms, you agree not to use any FT Press Marks without the express prior written consent of FT Press. All rights not expressly granted to you are reserved by FT Press.
3. Use of the FT Press APIs and FT Press Content
a. You acknowledge that FT Press may accept or refuse any application to use an FT Press API as FT Press may determine in its sole discretion. Further, you acknowledge that FT Press may withdraw your access to any FT Press API for any reason and at any time in its sole discretion.
b. Subject to FT Press’s acceptance of your application to use an FT Press API, and your compliance with these FT Press Terms and all applicable laws, FT Press hereby grants to you a non-exclusive, royalty-free, worldwide, revocable license to download, copy, reproduce, republish, post, transmit, store, or distribute that FT Press API and the FT Press Content provided via that FT Press API in any way, subject always to the following restrictions and the terms of section 4 below:
i. Your use of the FT Press API and FT Press Content is restricted to the parts thereof that were specified by you in your application to use the FT Press API, and that were specifically approved by FT Press when it accepted your application.
ii. Each product or application produced by you that features any FT Press Content or uses an FT Press API shall feature the legend “Content provided by FT Press” (the “Legend”) before and after each piece of FT Press Content featured in such product or application. In addition, together with the Legend, you shall display after each such piece of FT Press Content an appropriate author credit (“Author Credit”), comprised of the title, author and copyright notice (including the copyright date and owner) for the work from which the applicable FT Press Content is taken, and the FT Press logo. In addition, if your product or application includes a credit section, or credits are included in the terms and conditions for such product or application, you shall display the Legend and applicable Author Credit there as well. In each case, the Legend must be the following: “Content provided by FT Press” and the information for the Author Credit shall be as provided in the Pearson Data file for the applicable FT Press Content. Neither the Legend nor the FT Press logo may be used in conjunction with any content other than FT Press Content. FT Press shall have the right to approve the typography and use of the Legend and applicable Author Credit (including, without limitation, the FT Press logo) as it is displayed in your product or application before such product or application is finalized, which approval will not be unreasonably withheld or delayed. Once approved, you shall not alter the Legend or Author Credit as they are displayed in your product or application in any way without the prior written approval of FT Press.
iii. You shall not modify FT Press Content in any way (other than to crop, resize or format it).
iv. You shall not reverse engineer, decompile, or otherwise attempt to extract the source code of any FT Press API, FT Press Content, or any part thereof, unless this is expressly permitted or required by applicable law.
v. You shall not use any FT Press Content or FT Press API in any product, service or application that competes with products or services offered by FT Press.
vi. You shall not use any FT Press Content or FT Press APIs in any manner or for any purpose that violates any law or regulation, or violates or infringes any right of any person (including, but not limited to intellectual property rights, rights of privacy or publicity, or rights of personality).
vii. You shall not use any FT Press Content or FT Press APIs in or in connection with or to promote any product, service or application that contains obscene, scandalous, libelous or unlawful matter, or any formula or instruction that is injurious to a person or property.
viii. Any product, service or application that incorporates any FT Press API or FT Press Content must be made available to end users for their personal use only.
ix. The FT Press Content and FT Press APIs are provided to you only for use in the English language, and you shall not translate or procure or publish any translation of any part of the same into any other language.
4. Calls to FT Press API and Charges
a. When you apply to use an FT Press API, you will be asked to estimate the number of calls that your application will make to the FT Press API per month. Up to 5,000 calls per month will be free of charge. If you would like to make more use of the FT Press content you may upgrade by clicking on your application in My Apps and choosing the Upgrade option or by contacting FT Press at email@example.com. When you upgrade, you will be asked to estimate the number of calls that your application will make to the FT Press API per month, and the number of calls will determing the charges that will apply. Any applicable charges shall be paid monthly in advance.
b. In the event that the actual number of calls made by your application to an FT Press API exceeds the number of calls that you requested in your application, FT Press reserves the right in its sole discretion to:
i. limit your call rate to the tier that you specified in your application;
ii. block your feed from the applicable FT Press API; or
iii. automatically charge you the appropriate fee for the actual number of calls made by your application.
c. In respect of any websites into which you incorporate any FT Press API, calls to the FT Press API may be stored in the cache for a maximum of one (1) hour after which time they must be deleted.
d. In respect of any other digital products or applications into which you incorporate any FT Press API, calls to the FT Press API may be stored for a maximum of seven (7) days after which time they must be deleted.
5. Liability Disclaimers
a. FT Press APIs and FT Press Content are provided by FT Press in good faith. NONETHELESS, PEARSON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FT PRESS APIs OR ANY FT PRESS CONTENT, WHICH ARE PROVIDED FOR USE “AS IS.” FT PRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE FT PRESS APIs OR FT PRESS CONTENT WILL BE FREE OF INFECTION BY VIRUSES OR ANYTHING ELSE THAT MAY BE HARMFUL OR DESTRUCTIVE, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FT PRESS APIs AND FT PRESS CONTENT. FT PRESS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION INCLUDED IN ANY FT PRESS CONTENT IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material included in any FT Press Content.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, FT PRESS HEREBY DISCLAIMS ALL LIABILITY OF WHATEVER NATURE AND HOWSOEVER ARISING – INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY COMPUTER VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER – ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, ALL OR ANY PART OF THE FT PRESS CONTENT OR ANY FT PRESS APIs. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK-UP AND VIRUS-CHECKING AS YOU CONSIDER NECESSARY.
You agree to indemnify and hold FT Press harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by FT Press, directly or indirectly, by reason of any act or omission which you commit in breach of these FT Press Terms, and your obligations and warranties contained herein, or your violation of any rights of any third party based on or related to your use of any FT Press API and/or any FT Press Content.
7. Changes to Content
You acknowledge that any FT Press API and all FT Press Content are subject to change. FT Press hereby reserves the right to change or terminate its offering of, and/or your use of or access to, any FT Press Content at any time, in its sole discretion and with or without notice. FT Press will not be liable to you or any third party for any such change or termination.
8. Incorporation of Pearson Plug & Play Terms
The Pearson Plug & Play Platform terms and conditions (the “P&P Terms”) also apply to your use of any FT Press API or FT Press Content, and the P&P Terms are hereby incorporated into these FT Press Terms. To read the P&P Terms, please click here.
9. Changes to these FT Press Terms
FT Press reserves the right to add to or change these FT Press Terms at any time without notice to you by posting the amended terms on this page, and also posting a notice that these FT Press Terms have been amended on the home page for the P&P Platform. It is your responsibility as a user to ensure that you are aware of any such changes from time to time. Your continued use of any FT Press APIs or FT Press Content thereafter will constitute consent to the modified FT Press Terms.
a. These FT Press Terms constitute the entire agreement between you and FT Press relating to its subject matter, and supersede all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
b. These FT Press Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York in the event of any claim arising from these FT Press Terms or your use of any FT Press APIs or FT Press Content.
c. If any provision of these FT Press Terms is found to be unlawful, unenforceable or void for any reason, then that provision will be deemed severed from these FT Press Terms and will not affect the validity and enforceability of any remaining provisions.
d. FT Press may assign or delegate its rights or obligations under these FT Press Terms.
e. The failure of FT Press to act with respect to a breach of these FT Press Terms by you or others does not constitute a waiver and shall not limit FT Press’s rights with respect to such breach or any subsequent breaches. All such waivers shall be in writing and signed by FT Press.
If you have any questions or feedback about these FT Press Terms or the FT Press APIs or FT Press Content, feel free to contact us at firstname.lastname@example.org.