Terms of Use

1.     Your Acceptance.

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through http://itunes.yale.edu, the "Yale iTunes U Website", or "Website"), YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS of Yale University ("Yale"), including its Information Technology Appropriate Use Policy (http://www.yale.edu/ppdev/policy/1607/1607.pdf). If you do not agree to any of these terms, then please do not use the Yale iTunes U Website.  These Terms of Use apply to all users of the iTunes U Website. 

2.     Links to Other Sites

The Website may contain links to websites that are maintained or controlled by others and that are not affiliated with or owned by Yale.  Yale has no control over and is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products and services that may be offered at these third-party websites.  Yale is not a publisher of any content of the third-party websites, or of any content that may be available through links to and from them, and is acting solely as an internet service provider.  47 U.S.C. § 230(C)(1).  By using the Website, you expressly relieve Yale from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website that you visit.

3.     Website Access & Limitations on Use

A.  In consideration for your agreement to the Terms of Use contained here, Yale grants you a personal, non-exclusive, non-transferable license to access and use the Website as set forth in this Terms of Use agreement, provided that:

 

i.    You will use the Website only for your own legal, personal, and non-commercial use.

 

ii.   You understand that all content may be monitored and or removed at Yale's discretion for ANY reason; and

 

iii.  You will otherwise comply with the terms and conditions of these Terms of Use.

 

B.   You agree not to use or launch any automated system, 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 account names, 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.

4.     Intellectual Property Rights

For general guidance on issues under the U.S. copyright law, please consult the Copyright Overview from Apple Computer, Inc. at http://www.apple.com/support/itunes_u/.

 

A. Copyright and Trademarks Permission

The content on the iTunes U Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Yale, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The logo, name, and related graphics on the Website are trademarks of Yale or its affiliates.  Use, reproduction, copying or redistribution of trademarks without the written permission of Yale or its affiliates is prohibited.  All other trademarks or servicemarks appearing on the Website are the marks of their respective owners.

B. Permission to Use Materials

 

Content on the Website is provided to you AS IS for your information and personal, non-commercial 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. Yale 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 as expressly permitted herein.  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.

C. Digital Millennium Copyright Act

 

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 Licensing Program, Office of the Vice President and Secretary of Yale which complies with rulings regarding and pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(C)(3) for further detail):

i.          A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

ii.         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;

 

iii.        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;

 

iv.        Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

 

v.         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

 

vi.        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 Yale iTunes U system designated Copyright Agent to receive notifications of claimed infringement is:

Stephanie Schwartz
Assoc. Secretary & Director of Marketing & Trademark Licensing
Licensing Program,
Office of the Vice President and Secretary
Yale University
P.O. Box 208230
New Haven, Connecticut 06520-8230
stephanie.schwartz@yale.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 system website http://itunes.yale.edu. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

5.     Warranty Disclaimer

 

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

i.          PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,

ii.         ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

iii.        ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,

iv.        ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR,

v.         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 YALE iTUNES U WEBSITE.

YALE 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 YALE 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.

6.     Limitation of Liability

IN NO EVENT SHALL YALE, THE YALE CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR FOR

i.          PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,

ii.         ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

iii.          ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,

iv.          ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

v.           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 YALE 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.


The Website is controlled and offered by the Office of the Vice President and Secretary of Yale University 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.

7.     Indemnity

You agree to defend, indemnify and hold harmless Yale, the Yale Corporation, its officers, directors, employees and agents affiliated with the Website or their employers, 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 and access to the Website.

8.     Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or a student of Yale, 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 Use, and to abide by and comply with these Terms of Use.

9.     Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yale without restriction.

10.    General

These Terms of Use constitute the entire agreement between you and Yale and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.  If any provision of these Terms of Use 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 Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use 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 Use shall not constitute a waiver of such right or provision. Yale reserves the right to modify these Terms of Use at any time and will publish notice of any such modifications on-line at this site or elsewhere on-line, and it is your responsibility to review these Terms of Use for any changes. Your use of the Yale iTunesU Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Connecticut, including its conflicts of laws provisions.  You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New Haven County, Connecticut as the legal forum for any such dispute.