Wiley Researcher Academy User Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES.

Preamble – Parties

John Wiley and Sons, Inc. and/or its affiliates or subsidiaries (collectively, “Wiley” “we” or “us”) are pleased to provide to you with Wiley Researcher Academy, (the “Services”), which include the Wiley Researcher website, application, video player and related software, associated content and other services, in any media format or channel, now known or hereafter devised. References to the Services also include any elements of the Services. These Terms and Conditions incorporate by reference Wiley’s general Terms of Use and our Privacy Policy.

The Services host certain copyrighted materials, including but not limited to video recordings and other informational programming, text, images, artwork, assessments, and related content (collectively, the “Content”), some of which may be accessible to you free-of-charge (“Free Content”) and other Content which may only be accessible to you upon payment of a subscription fee (“Subscription Content”) for a limited period of time (the “Subscription Period”). 

Use of the Services is subject to compliance with this Agreement. By accessing or using the Services (including by visiting the Wiley Researcher Academy site), you accept and agree to this Agreement. For clarity, it may be necessary to agree to additional terms and conditions to continue use of the Services. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into this Agreement. If you do not agree to this Agreement, you may not use the Services.

We may amend this Agreement from time to time. If you do not agree to any change to this Agreement, you must discontinue using the Services.

In certain instances, your institution may have a license to the Subscription Content, the terms of which may differ from those found here. To the extent the terms of your institution’s license conflict with this User Agreement, the terms of your institution’s license will prevail. Contact your institution’s librarian/administrator for more information.

Wiley’s E-Commerce Terms and Billing Policy applies to all transactions made on, through, or regarding the Services.

1. USER ELIGIBILITY AND REGISTRATION

a. Registration and Access.

Only individuals that register for a Wiley Researcher Academy account, provide required information (e.g., a valid email address), and agree to this Agreement are eligible to use the relevant Services. You are solely responsible for maintaining the confidentiality and security of your email address and password and for all activities that occur on or through your account. However, if you allow others to access your account, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information.

b. Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. For clarity, you consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information, including email address, for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

2. SUBSCRIPTION TERMS

a. Service Packages and Other Offerings. When purchasing your subscription to the Services, you may be presented with different plans or options (each a “Service Package”). Different Service Packages or other offerings may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability.

b. Subscription Period. The Subscription Period will begin on the payment date and will continue for the subscription period identified at the time of your purchase.

c. Subscription Billing and Renewal. Your subscription will not renew at the end of the Subscription Period, unless otherwise agreed at the time of purchase. Allowing your subscription to renew indicates your renewed agreement to these Terms and Conditions. 

d. Account Sharing. Your subscription is personal to you. Unless otherwise permitted in writing, you may not share your subscription with third parties.

e. Subscription Transactions; Cancellations. 

All transactions for Subscription Content are final and nonrefundable. Please see Wiley’s E-Commerce Terms and Billing Policy for details.

3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS

a. License. During the Subscription Period, and subject to payment of any applicable fee to rent, subscribe to, or access the Subscription Content, and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following during your subscription term:

1. Install and make non-commercial, personal use of the Services; and
2. Stream Free Content and specified Subscription Content that are available to you from the Services. References to the Subscription Content also include any elements of the Subscription Content.

This is a license agreement and not an agreement for sale or assignment of any rights in the Content or the Services. The purchase of a license to stream any Content does not create an ownership interest in such Content. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress, and other intellectual property rights in the Content, are owned by Wiley, its affiliates and/or other licensors, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.

b. Restrictions on Your Use of the Content.  You agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license:

1. circumvent or disable any content protection system or digital rights management technology used in connection with the Services to control access to the Content;
2. copy the Content;
3. rebroadcast, transmit or perform the Content available via the Services;
4. create derivative works of the Content; or

      v.           use or enable artificial intelligence technologies and tools to ingest, train, test, analyze, process, copy, distribute, make publicly accessible, and/or generate output (including resulting from the use of artificial intelligence technologies and tools) based on this site, the Services, or the Content, or any part thereof, or upload, copy, or host the Services and Content or any part thereof to or for use in artificial intelligence technologies and tools directly or indirectly (e.g., through the use of third-party plugins, extensions or decentralized custom chatbots associated with those artificial intelligence technologies and tools).

c. Restrictions on Your Use of the Services. In addition to any restrictions on use set forth in Wiley’s General Terms of Use, you agree that you will not nor permit another person to do any of the following without our express written permission, and that these restrictions are a condition to your license:

1. modify the Services, including, but not limited to, by removing identification, copyright or other proprietary notices from the Content or the Services;
2. use the Services for any commercial or business related use or in any commercial establishment or area open to the public or build a business utilizing the Content or Services, or engage in any activity to enable third parties to engage in any of the foregoing activities, in each case whether or not for profit;
3. create derivative works of any components of the Services owned by Wiley, its affiliates, and/or its licensors, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
4. bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of the Services, including using any technology or technique to obscure or disguise your location when you are accessing the Services;
5. index, frame, embed, or link to the Services in a manner not authorized by us;
6. access, monitor, copy, or extract the Services using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining or web scraping or otherwise compiling, building, creating, or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by us, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags);
7. remove, modify, disable, block, obscure, or otherwise impair any advertising in connection with the Services;
8. use the Services in any unlawful manner (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Agreement, including in a manner that would violate our Privacy Policy or the rights of any third parties or otherwise interfere with any other person’s use and enjoyment of the Services; or
9. share your login credentials or account with third parties other than as expressly permitted in this Agreement.

d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above or in or in the General Terms of Wiley’s Terms of Use is a violation of the rights of Wiley and the copyright holder.

4. USAGE TERMS

a. Compatible Devices and Software. Use of the Services requires compatible devices, and certain software may require periodic updates, and your use of the Services may be affected by the performance of these elements. You are responsible for understanding and complying with any limitations on the use of compatible devices.

b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Services.

c. Streaming Content. The Content can be streamed through the Services over an active Internet connection. The number of concurrent streams available for use may be subject to limitations and such limitations may change from time to time at our discretion and may require device and account verification.

d. Downloading Content. Unless specifically permitted via a “download” option presented on the Services, you may not download or store the Content. Where specifically permitted, you may temporarily download one copy of any downloadable materials hosted on the Services for personal, non-commercial transitory viewing only. Upon terminating your viewing of these materials or upon the termination of this license, whichever comes first, you must destroy any downloaded materials in your possession whether in electronic or printed format.

e. Content Availability. The periods during which you can view each piece of Content may vary based on the terms of your subscription.

f. Future Unavailability. It is possible that the Services and/or some or all Content may not be available for viewing, streaming, or downloading at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. We shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Services. We will endeavor to notify you of any of these changes, usage rules, and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services.

5. USE AND SHARING OF CERTAIN INFORMATION

For more information about our collection, use, and sharing of your information, please refer to our Privacy Policy.

We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.

6. SUSPENSION AND TERMINATION

You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your Wiley Researcher Academy account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your Wiley Researcher Academy account has been created fraudulently, your Wiley Researcher Academy account has been accessed fraudulently, or anyone uses your Wiley Researcher Academy account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any Wiley Researcher Academy account that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your Wiley Researcher Academy account will constitute inactivity for purposes of this Agreement).

You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Wiley Researcher Academy account or the Content.

We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.

Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.

UPON TERMINATION OF YOUR WILEY RESEARCHER ACADEMY ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST, YOU WILL LOSE THE RIGHT TO ACCESS CONTENT THROUGH THE SERVICES.

7. ADDITIONAL PROVISIONS

a. Content Quality. The playback quality of Content, including resolution, may be affected by the format of the Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. The time it takes you to begin viewing Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Content in these respects.

b. Choice of Law and Forum. This Agreement will be construed and interpreted pursuant to the laws of the State of New York, without regard to such State’s conflict of law rules. Any legal action, suit or proceeding arising out of or relating to this Agreement or the breach thereof will be instituted in a court of competent jurisdiction in the State of New York, County of New York and each Party hereby consents and submits to the jurisdiction of such court, waives any objection to venue in such court and consents to service of process by registered or certified mail, return receipt requested, or overnight courier with proof of delivery at the last known address of such Party.

c. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

d. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

e. Entire Agreement. This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.