TERMS OF USE
1. OVERVIEW
These Terms of Use govern your use of the MyCollegeVid.com website, provided by InnoGage, LLC (doing business as MyCollegeVid) (“MyCollegeVid”), including all school-specific web portals operated as sub-domains of the MyCollegeVid.com domain name on behalf of the corresponding school (“Member College”), all aspects of services provided by the website (including, but not limited to, the MyCollegeVid “Embeddable Player”), and all content available through the MyCollegeVid.com domain name and the Member College web portals (collectively the "MyCollegeVid Website", or "Website"). By using and/or visiting the Website, you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) MyCollegeVid's privacy notice, found at http://www.mycollegevid.com/page/1 and incorporated herein by reference. Please do not use the Website if you do not agree to all of these terms, the MyCollegeVid privacy notice, or the User Submission Guidelines. Please periodically review the Terms of Use to access the most up-to-date version. MyCollegeVid may, in its sole discretion, modify or revise these Terms of Use and policies at any time without notice to you, and you agree to be bound by these modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. USE OF THE WEBSITE
By using the Website (including, but not limited to, registering, submitting textual or video content, viewing user-submitted content, or use of the MyCollegeVid Embeddable Player):
You agree that the Website may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without MyCollegeVid's prior written authorization. You agree not to alter or modify any part of the Website. You agree not to access User Submissions or MyCollegeVid content through any technology or means other than the video playback pages of the Website itself, the MyCollegeVid Embeddable Player, or other explicitly authorized means MyCollegeVid may designate. You agree not to use the Website, including the MyCollegeVid Embeddable Player for any commercial use, without the prior written authorization of MyCollegeVid. If you use the MyCollegeVid Embeddable Player on your website, you must include a link back to the MyCollegeVid website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
3. LINKS TO OTHER WEBSITES
The Website may contain links to other websites. MyCollegeVid has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
Certain portions of the Website are available only to registered members (“Members”). When registering, you will choose a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MyCollegeVid of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. MyCollegeVid cannot and will not be liable for any loss or damage arising from your failure to comply with this rule; however, you may be liable for the losses of MyCollegeVid, its Member Colleges, or others due to such unauthorized use.
5. POSTING RULES
As a MyCollegeVid user accessing the Website, either as a registered Member or a non-registered user(collectively, “Users”), you may submit textual content (“User Comments”). As a MyCollegeVid Member, you may also submit video content ("User Videos"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MyCollegeVid does not guarantee any confidentiality with respect to any User Submissions.
You will not violate, misappropriate, or infringe on, the rights of third parties, including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights; you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary; and you represent that you have the right to post all materials that you post on the Website and the right to permit downloading of all such materials by other users for personal, noncommercial use; You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to MyCollegeVid, you hereby grant MyCollegeVid and its Member Colleges 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 MyCollegeVid Website and MyCollegeVid's business, including without limitation for promoting and redistributing part or all of the MyCollegeVid Website in any media formats and through any media channels. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Website. You understand and agree, however, that MyCollegeVid may retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, or that would constitute grounds for civil liability. You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users that is inappropriate. You will not 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 MyCollegeVid all of the license rights granted herein.
MyCollegeVid does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MyCollegeVid expressly disclaims any and all liability in connection with User Submissions. MyCollegeVid does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MyCollegeVid will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
MyCollegeVid reserves the right, but is not obligated, to remove or modify Content and User Submissions without prior notice. MyCollegeVid reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, any instance of illegality, irrelevant material, or material of excessive length. MyCollegeVid may remove such User Submissions and/or terminate a Member’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. MyCollegeVid may, in its sole discretion, terminate a Member’s access to its Website if, under appropriate circumstances, they are determined to be in violation of any of the Terms of Use.
6. CONTENT
We do not, and are not in a position to, review, investigate, or confirm the accuracy of information posted by our users. We do not guarantee the accuracy, appropriateness, completeness or quality of any material that is found on, in connection with, or posted to our Website. Further, MyCollegeVid, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Website, regardless of any requests to do so. You may access User Submissions solely for your information and personal use; as intended through the normal functionality of the MyCollegeVid Service; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the MyCollegeVid Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MyCollegeVid Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MyCollegeVid Service or otherwise as prohibited under this Agreement. 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.
You understand that when using the MyCollegeVid Website, you will be exposed to User Submissions from a variety of sources, and that neither MyCollegeVid nor its Member Colleges are responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further 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 you have or may have against MyCollegeVid and its Member Colleges with respect thereto, and agree to indemnify and hold MyCollegeVid and its Member Colleges, their Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7. OWNERSHIP
All materials on the Website that are created or provided by MyCollegeVid including text, graphics, logos, icons, and images, are the property of MyCollegeVid or its content providers, and are protected by United States and foreign intellectual property laws. You may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Website, or resell access to the Website, in any form or by any means without the prior written consent of MyCollegeVid. We reserve the right to revoke any of the rights granted in these Usage Rules at any time, and those rights automatically terminate if you violate any of these Usage Rules. Unauthorized use of any material on the Website may violate copyright law, trademark law, and other laws of the
8. DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing MyCollegeVid? with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
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- 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
- 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.
Notifications of claimed infringement may be sent to
Counter-Notice. If you believe your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information:
- Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Columbus Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by MyCollegeVid, MyCollegeVid may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MyCollegeVid's sole discretion.
9. EQUITABLE RELIEF
You acknowledge and agree that there can be no adequate remedy at law to compensate MyCollegeVid for the breach of these Usage Rules; that any such breach will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, MyCollegeVid shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Usage Rules, or otherwise.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE MYCOLLEGEVID WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYCOLLEGEVID AND ITS
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL MYCOLLEGEVID AND ITS MEMBER COLLEGES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYCOLLEGEVID 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 MYCOLLEGEVID 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 MyCollegeVid from its facilities in the
12. INDEMNITY
You agree to defend, indemnify and hold harmless MyCollegeVid and its Member Colleges, its parent corporation, affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Usage Rules, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Website or reliance upon any information found on the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
13. ABILITY TO ACCEPT THESE TERMS OF USE
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 Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the MyCollegeVid Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MyCollegeVid Website. There are many other web sites which are designed for children under 13 years of age. Talk to your parents or guardians about what sites are appropriate for you.
14. GOVERNING LAW
This contract shall be governed by and construed under the laws of the State of
15. GENERAL PROVISIONS
All the terms of these Usage Rules shall apply to and bind the assignees and successors in interest of you and MyCollegeVid. This Agreement is not assignable by you without MyCollegeVid’s prior written consent. The waiver by MyCollegeVid of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement. MyCollegeVid reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MyCollegeVid Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MYCOLLEGEVID AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYCOLLEGEVID WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.