1. DESCRIPTION OF SERVICE AND ACCEPTANCE
Academic Earth, LLC ("Academic Earth," "we" or "us") provides an online video service offering a selection of courses, lectures, and other content (collectively, "Content") available on the http://academicearth.org website (the "Academic Earth Site"), and other websites where users may embed the Content (these websites, together with the Academic Earth Site, are referred to collectively as the "Sites"). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by Academic Earth in connection with its business on any of the Sites are referred to collectively as the "Academic Earth Services." We are a company based in the United States.
3. ACCESS AND USE OF THE ACADEMIC EARTH SERVICES
The Content. The Academic Earth Site includes a combination of content that we license from third parties or that is created and posted by our users. All of the content on the Academic Earth Site is protected by the copyright of Academic Earth, other content providers or our users. Materials uploaded to Academic Earth may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
As a user of the Academic Earth Site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the Academic Earth Site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any Academic Earth content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.
Your Responsibilities. In order for us to keep the Academic Earth Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the Academic Earth Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the Academic Earth Services in a way that:
· violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
· uses technology or other means to access the Academic Earth Services that is not authorized by Academic Earth;
· accesses the Academic Earth Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Academic Earth Services);
· attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· attempts to damage, disable, overburden, impair, or gain unauthorized access to the Academic Earth servers, computer network, or user accounts;
· encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
· violates these Terms, guidelines or any policy posted on the Academic Earth Site; or
· interferes with any other party's use and enjoyment of the Academic Earth Services.
No Spam/Unsolicited Communications. No one may use the Academic Earth Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.
Suspension/Discontinuation. We hope not to, but we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the Academic Earth Services, at any time without notice. It is important that you understand that Academic Earth will not be liable to you for any modification, suspension or discontinuance of the Academic Earth Services.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the Academic Earth Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at firstname.lastname@example.org (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing email@example.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Academic Earth Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the Academic Earth Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Academic Earth Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Academic Earth the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Academic Earth will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that Academic Earth does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Academic Earth does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Academic Earth. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Academic Earth assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Academic Earth with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Academic Earth Services is not available for a specific instance of inappropriate User Material, please email firstname.lastname@example.org (subject line: "Inappropriate User Material").
7. LINKED WEBSITES AND ADVERTISING
Academic Earth is not responsible for the content or practices of any other website, even if it links to the Academic Earth Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Academic Earth. By using the Academic Earth Services, you acknowledge and agree that Academic Earth is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements. Academic Earth takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Academic Earth Services are between you and the advertiser, and you agree that Academic Earth is not liable for any loss or claim that you may have against an advertiser.
Academic Earth, the Academic Earth logo, http://academicearth.org, and other Academic Earth marks, graphics, logos, scripts, and sounds are trademarks of Academic Earth. None of the Academic Earth trademarks may be copied, downloaded or otherwise exploited without Academic Earth's prior written consent.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE ACADEMIC EARTH SERVICES, YOU AGREE THAT USE OF THE ACADEMIC EARTH SERVICES IS AT YOUR OWN RISK. THE ACADEMIC EARTH SERVICES, INCLUDING THE ACADEMIC EARTH SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACADEMIC EARTH DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE ACADEMIC EARTH SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL ACADEMIC EARTH OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "ACADEMIC EARTH PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ACADEMIC EARTH SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE ACADEMIC EARTH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ACADEMIC EARTH PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE ACADEMIC EARTH SERVICES.
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided through the Academic Earth Services, including through a link, infringes your copyright, you should notify Academic Earth of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Academic Earth receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Academic Earth's Copyright Agent at email@example.com (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
AE Media, LLC
450 9th Street
San Francisco, CA 94103
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Academic Earth Services that is reasonably sufficient to enable Academic Earth to identify and locate the material; (d) how Academic Earth can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
11. GENERAL INFORMATION
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Academic Earth Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law. This Agreement shall be governed by the laws of Delaware, without regard to Delaware’s conflicts of law rules.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Enjoy Academic Earth services!