Harvard Business Publishing Terms of Use

 

BY ACCESSING THIS WEBSITE AND/OR ANY CONTENT ON THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE (“TERMS”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING HBP/HBR WEBSITES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH HBP ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

  1. ACCEPTANCE

These Terms govern your use of the Harvard Business Publishing (“HBP”) products or services, including following websites: www.harvardbusiness.org; www.hbr.org; https://hbsp.harvard.edu and mobile applications (the “Sites”). By using the Sites, you agree, without limitation or qualification, to be bound by these Terms and the relevant Site’s Privacy Policy.  If you do not agree to be bound by these Terms, you may not use the Sites.

HBP may revise these Terms at any time. Your continued usage of these Sites will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on these Sites are protected by law, including, but not limited to, the United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing these Sites for any reason.

 

  1. ELIGIBILITY

Users must be 18 years of age or older to visit or use the Sites in any manner. By visiting the Sites or accepting these Terms, you represent and warrant to HBP that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to HBP that you will use the Sites in a manner consistent with any and all applicable laws and regulations.

 

Users under the age of 18 must have the consent of a parent or guardian to enter the Sites.  All references to “you” in these Terms of Use shall encompass and hold legally liable the parent or guardian of anyone under the age of 18.

 

  1. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE

The design and content on these Sites, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information and other materials (collectively “Contents”) is the intellectual property of HBP or its licensors and is protected under both United States and foreign laws. Any use of the Contents not expressly permitted by these Terms will be viewed by HBP as a contractual breach of these Terms and may also violate copyright, trademark, and other laws.

Except as expressly stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of HBP or its licensors.

HBP hereby grants you a non-exclusive, limited, non-transferable, revocable license to use the Contents available on the Sites solely for your personal, non-commercial use.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Contents or Sites, or any part thereof. These Terms will govern any upgrades provided by HBP that replace and/or supplement the original Sites, unless such upgrade is accompanied by separate or updated Terms. If you violate any of these Terms, your permission to use the Contents automatically terminates. Any continued use of the Contents after termination will be viewed by HBP as willful infringement of its intellectual property.

None of the Contents may be accessed or used by or with artificial intelligence tools or models for the purposes of generating text, images or any other material, output or derivative works based on or using the Contents.

You may not bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Sites or Contents.

You may not, without HBP’s prior written permission, “mirror” any Contents contained in these Sites on any other server. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites through hacking, password mining, or disabling rights management mechanisms, or any other means. HBP reserves the right, in its sole discretion, to terminate your access to the Sites, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

 

  1. SOFTWARE LICENSE

HBP hereby grants you a limited, revocable, and non-transferable license to use the HBP mobile applications (“App”) on devices you own or have a legal right to use in accordance with these Terms and any additional terms specific to that particular application.  In the event of a conflict between such additional terms for the particular application and these Terms, the HBP Terms will prevail. You have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the App. You may not sublicense, assign or transfer any licenses granted by HBP, and any attempt at such sublicense, assignment or transfer will be null and void. You may make one copy of such App for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the App.

ADDITIONAL TERMS FOR APPLE PRODUCT USERS. IF YOU ACCESS OR DOWNLOAD THE HBR APP FROM THE APPLE APP STORE:

  1. You acknowledge and agree that the Terms are concluded between you and HBP only, and not with Apple, and that Apple is not responsible for the licensed application (“HBR App”) and the contents thereof;
  2. The HBR App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions, except that the HBR App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing;
  3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the HBR App;
  4. In the event of any failure of the HBR App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the HBR App to you. Apple will have no other warranty obligation whatsoever with respect to the HBR App;
  5. You acknowledge and agree that HBP, and not Apple, is responsible for addressing any other claims you or any third party may have in relation to the HBR App;
  6. You acknowledge and agree that, in the event of any third-party claim that the HBR App or your possession and use of the HBR App infringes that third party’s intellectual property rights, HBP, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
  7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  8. Both you and HBP acknowledge and agree that, in your use of the HBR App, you will comply with any applicable third-party terms of agreement; and
  9. Both you and HBP acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary of the Terms.
  10. USER SUBMISSIONS

The personal information you submit to HBP is governed by the relevant Site’s respective Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), HBP does not claim rights to any information or material a user provides to HBP or posts, uploads, inputs, submits, or transmits to these Sites (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party; or that was created in whole or in part with artificial intelligence tools.

Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Sites, or which, in the judgment of HBP, exposes HBP or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by HBP. If you make a Submission, you automatically grant or warrant that the owner of such content has expressly granted HBP a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, HBP is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. HBP is not responsible for the consequences of any Submission. HBP is not responsible for screening or monitoring Submissions made to these Sites by users. If notified by a user of a Submission allegedly in violation of these Terms, HBP may investigate the allegation and determine in good faith and in its sole discretion whether to remove such Submission. HBP will have no liability or responsibility to users for performance or nonperformance of such activities.

HBP reserves the right (but is not obligated) to: (a) record the dialogue on the Sites; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Sites upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Sites, regardless of whether such Submission violates these Terms.

 

  1. SUBMISSION OF IDEAS

By submitting an idea to HBP you are granting HBP a perpetual, irrevocable, royalty free, non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the idea in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. You waive any moral rights that you may have in regard to the ideas you submit.

 

If you wish to submit an article to HBP, please only do so through the Article Submissions page, located at Harvard Business Review Submission Manager (submittable.com).  Please do not email or mail your article to HBP unless specifically requested to do so by a staff member of HBP.

 

While HBP editors review any article submitted to our Articles Submissions page, please note that HBP does not and cannot publish all articles that are submitted for consideration. Many articles are only accepted contingent on the Author being willing to make requested changes or edits.  Any articles accepted for publication shall be subject to the Author entering into a separate, signed publishing agreement with HBP.

 

HBP is not responsible for and will not be liable for any damage that may occur to any materials, including articles, submitted by users to HBP.

 

 

 

  1. LIMITATION OF LIABILITY OF HBP AND ITS LICENSORS AND PARTNERS

The use of the Sites or the Contents is at your own risk. The Contents in these Sites could include technical inaccuracies and/or typographical errors. HBP may make changes or improvements to the Contents at any time.

THE CONTENTS ON THESE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HBP DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HBP DOES NOT WARRANT THAT THE OPERATION OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

HBP WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCES FOR CAUSES BEYOND ITS CONTROL OR ANY OTHER DAMAGE WHICH DOES NOT RESULT FROM A BREACH OF ITS OBLIGATIONS UNDER THESE TERMS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HBP ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY HBP, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.

 

  1. YOUR ACCOUNT

If you register/use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. HBP reserves the right to terminate accounts, or remove or edit content in its sole discretion.

 

Each registration and subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your registration/subscription.

 

  1. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Sites may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). HBP does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. HBP is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Sites. You agree that HBP shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Sites does not indicate HBP’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Sites, or based on such third party’s participation or presence on the Sites, are solely between you and the third party. HBP makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Sites to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. Any personal information that you provide to these Third-Party Applications is governed by those Third-Parties’ respective privacy notices.

 

  1. INDEMNITY

You agree to defend, indemnify, and hold HBP, its affiliates and their respective officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites or Contents, or your violation of these Terms.

 

  1. MODIFICATION OR SUSPENSION OF THE SITES

You agree that HBP may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Sites, any part thereof or any Contents, temporarily or permanently, without notice or liability to You.

 

  1. GENERAL

HBP makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of Liability of HBP and its Licensors and Partners, Software License, Intellectual Property Ownership and License, user Submissions, Submission of Ideas, Indemnity, Applicable Laws, Mandatory Agreement to Arbitrate On An Individual Basis and Complete Agreement.

 

  1. APPLICABLE LAWS
    1. Governing Law and Jurisdiction

These Terms are governed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You and HBP hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Boston, Massachusetts for the adjudication or disposition of any claim, action or dispute arising out of these Terms.

 

  1. Validity and No Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

  1. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and HBP or HBP’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that You or HBP may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND HBP ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”). The place of arbitration shall be Boston, Massachusetts and the language of the arbitration shall be English. The arbitral tribunal’s award shall be final and binding and enforceable in any court of competent jurisdiction. The subject matter, proceedings and award in any arbitration shall be kept confidential and shall not be publicly disclosed except as necessary in any judicial proceedings, including to enforce or challenge an award, or as otherwise required by law or by any governmental authority.

  1. TERMINATION; NOTICE AND TAKE DOWN PROCEDURES

In an effort to protect the rights of copyright owners, HBP may terminate or suspend access to and/or use of all or parts of the Site or App in its sole discretion, in appropriate circumstances, of users of these Sites who are infringers. These rights of termination are in addition to all other rights and remedies available to HBP under these Terms or by law or equity.

If you believe any Submission accessible on or from the Sites infringes your copyright, you may request removal of those materials (or access thereto) from these Sites by contacting HBP (contact information below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
  3. Your name, address, telephone number, and (if available) email address;
  4. A statement that you have a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Our address for copyright issues relating to this website is as follows:

Attn: Tim Nicholls, Manager of Intellectual Property
Phone: 1 888 500 1020

E-mail: permissions@harvardbusiness.org
Address: 20 Guest Street, Suite 700, Brighton, MA 02135

  1. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of HBP on these Sites, these Terms of Use, including HBP Privacy Policy, constitute the entire agreement between you and HBP with respect to the use of the Sites and Contents.

 

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