Terms of Service

1. Your Acceptance of the Terms

BY ACCESSING, CONTRIBUTING CONTENT TO OR OTHERWISE USING THE WEBSITE, hnp://www.smu.edu/itunes ("SMU ON ITUNES U," OR "THE WEBSITE"), YOU EXPLICITLY ASSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THE "TERMS OF SERVICE") AND THE TERMS AND CONDITIONS OF ALL SMU POLICIES REFERRED TO ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE POLICIES AND PROCEDURES SET FORTH UNDER THE LINK "QUICK START-POLICIES AND PROCEDURES".

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE, CONTRIBUTE CONTENT TO, OR OTHERWISE ACCESS THE WEBSITE.

Your use of the Website and all Content available through the Website is governed by these Terms of Service. The Terms of Service apply to all Users of SMU on iTunes U.

2. Definitions

"Content" means any audio, video, speech, text, software, scripts, graphics, photos, sounds, music, interactive features and other information or services presented on the Website.

"SMU" or "University" means Southern Methodist University, whose principal place of business is 6425 Boaz Lane, Dallas, TX 75205, and any affiliated entities.

A "User" means any living person or legally recognized entity that uses the Website, either by accessing the Website, contributing Content to the Website or otherwise.

3. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to fully abide by and comply with these Terms of Service.

4. Third Party Sites

The User acknowledges that the Website may contain links to third party websites that are not owned or controlled by SMU. SMU has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

Such third party websites do not express the views or opinions of SMU or the University community. Further, User acknowledges that SMU has no obligation to censor, edit, or otherwise modify the content of any third party website. By using the Website, User expressly relieves SMU from any and all liability arising from your use of any third-party website. As a result, we encourage the User to read the terms and conditions and privacy policy of each third-party website that you visit when leaving SMU on iTunes U.

Parental control protections (such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting access to material that is harmful to minors. Such controls are typically available from your commercial internet service provider or may be obtained by purchasing software designed for such purpose.

5. Website Access & Limitations on Use

  1. SMU hereby grants you permission to use the Website as set forth in these Terms of Service, provided that:
    1. your use of the Website as permitted is SOLELY for SMU educational noncommercial use;
    2. you will not copy or distribute any part of the Website in any medium without prior written authorization from SMU's Vice President for Development and External Affairs, or his designee;
    3. you will not attempt to alter, edit, or otherwise modify any part of the Website except as otherwise permitted by these Terms of Service.;
    4. you understand that all Content may be monitored and or removed at the sole discretion of SMU for any reason whatsoever and without prior notice, and
    5. you will otherwise comply with the provisions of these Terms of Service.
  2. You agree not to use or launch any automated systems, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the iTunes U servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including but not limited to account names and passwords, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

6. Intellectual Property Rights

SMU respects the intellectual property rights of others and prohibits uploading to the Website any Content that violates another party's intellectual property rights or SMU policies. The Content on the Website is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SMU trademarks, service marks, logos and related graphics ("Marks") on the Website are trademarks of SMU or its affiliates. Use, reproduction, copying or redistribution of the Marks without the express written permission of SMU is prohibited. All other trademarks or servicemarks appearing on the Website are the marks of their respective owners.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SMU reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print or reproduce a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

SMU explicitly FORBIDS THE DOWNLOADING of third party copyright material to other users and/or resources unless written authorization from the copyright owner permitting this exact use is provided. SMU does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SMU will remove all Content, including User Submissions, if properly notified that such Content infringes on another's intellectual property rights. SMU also reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SMU may remove such Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sale discretion.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to the SMU's designated Copyright Agent (as provided below) which will comply with rulings regarding and pursuant to the Digital Millennium Copyright Act ("DMCA"). Specifically, as provided by 17 U.S.C. §
512(c)(3), a notification of claimed infringement must be made in writing to SMU's designated Copyright agent that includes:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material, and information reasonably sufficient to permit the service provider to locate the material
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail where you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The SMU on iTunes U system designated Copyright Agent to receive notifications of claimed infringement is:

Name: Paul Ward, Vice President for Legal Affairs and General Counsel
Address: P.O. Box 750132, Dallas, TX 75275-0132
Phone Number: 214-768-1551
E-mail Address: paulward@mail.smu.edu

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to iTunes U customer service through the online support system within the Website. You acknowledge that if you fail to comply with these requirements your DMCA notice may not be valid.

Further, you understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that SMU is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
In addition, you understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against SMU with respect thereto, and agree to indemnify and hold iTunes U, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

SMU permits those posting Content to link to materials on the Website for educational, non·commercial purposes only. SMU reserves the right to discontinue any aspect of the Website at any time without prior notice.

7. User Submissions

  1. The Website permits the submission of Content or other documents and communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, iTunes U and SMU do not guarantee any confidentiality with respect to any submissions. You understand that none of your User Submissions is considered private nor otherwise deemed protected so as to be accessed solely by you.
  2. You shall be SOLELY responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
    1. You have read, understood, and are in full compliance with all copyright laws. For more information go to http://www.copyright.gov.
    2. you own or have the necessary licenses, rights, consents, and permissions to use and expressly authorize SMU to use all intellectual property including patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
    3. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
  3. By submitting the User Submissions to SMU on iTunes U, you hereby grant SMU a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website, including without limitation for promoting and redistributing part or all of the SMU on iTunes U Website (and derivative works thereof) in any media formats and through any media channels.
  4. In connection with User Submissions, you further agree that you will not:
    1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SMU all of the license rights granted herein;
    2. publish falsehoods or misrepresentations that could tarnish or damage SMU or any third party;
    3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
    4. post advertisements or solicitations of business; or
    5. impersonate another person.

Southern Methodist University does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SMU expressly disclaims any and all liability in connection with User Submissions to the fullest extent permitted under the law.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUTHERN METHODIST UNIVERSITY, ITS TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SOUTHERN METHODIST UNIVERSITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:

  1. ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAYBE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SMU ON iTUNES U WEBSITE.

SOUTHERN METHODIST UNIVERSITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOUTHERN METHODIST UNIVERSITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL SOUTHERN METHODIST UNIVERSITY, ITS TRUSTEES, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:

  1. ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAYBE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SOUTHERN METHODIST UNIVERSITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by SMU from its facilities in the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SMU AND ITS TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR USE OF, POSTING CONTENT TO, AND ACCESS TO THE WEBSITE.

11. Assignment

You agree that these Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Southern Methodist University without restriction.

12. General

Terms These Terms of Service shall constitute the entire agreement between you and SMU concerning the Website and supersedes any and all prior or contemporaneous oral or written agreements. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service. which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SMU reserves the right to amend these Terms of Service at any time without prior notice by posting an amended version online at this web location or elsewhere online. You acknowledge that it is your responsibility to review these Terms of Service for any changes. You further agree that your use of the Website following any such amendment of these Terms of Service signifies your assent to and acceptance of its revised terms.

You agree that any claim or dispute between you and SMU arising in whole or in part from these Terms of Use, use of the Website, or any Content accessible on the Website, including copies and republications thereof, whether based in contract, tort. statutory. or other law, will be governed by the laws of the State of Texas, without regard to its conflict of laws provisions. You further consent to have personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Dallas County, Texas as the legal forum for any such claim or dispute.

 

14.07.09

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