BY USING AND/OR VISITING THIS SERVICE (collectively, including all Content available through ECIS iTunes U "the Service" or "ECIS" Website" or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service"). If you do not agree to any of these terms, then please do not use the ECIS iTunes U. This Service is provided by the European Council of International Schools ("ECIS") by virtue of its arrangement with Apple Computer, Inc ("Apple" or "iTunes"). All iTunes materials and services are also subject to the iTunes policies found here: http://www.apple.com/legal/trademark/claimsofcopyright.html
Ability to Accept Terms of Service
As a content contributor, 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 abide by and comply with these Terms of Service.
iTunes U Service
A. ECIS hereby grants you permission to use the Service as set forth in this Terms of Service, provided that:
i) your use of the Service as permitted is solely for: educational noncommercial use, specific independent school K-12 lower education purposes, other educational related purposes as permitted by ECIS;
ii) you will not copy or distribute any part of the Service in any medium without prior written authorization from the work's source;
iii) you will not attempt to alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose without permission from ECIS;
iv) you understand that all content may be monitored and or removed at ECIS's discretion for ANY reason;
v) you will otherwise comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service or any ECIS 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 convention on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service or ECIS Website, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Submissions.
Intellectual Property Rights
The content on the ECIS iTunes U Service, except all User Submissions (as defined below), 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 ECIS, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Service 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 or as otherwise provided herein. ECIS reserves all rights not expressly granted in and to the Service and the Content. You agree not to 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 Service 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 Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
The ECIS Website permits the submission of videos 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, ECIS iTunes U does not guarantee any confidentiality with respect to any submissions and that such content is open to the public. You understand that none of your content is considered private or protected to be accessed solely by you.
a) 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:
i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ECIS and Apple iTunes to use all 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;
ii) you have the written consent, release, and/or permission of each and every identifiable individual person or the appropriate parent or guardian 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 ECIS iTunes U, the ECIS Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ECIS iTunes U, you hereby grant ECIS 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 ECIS iTunes U Website (and derivative works thereof) in any media formats, media channels and through any other means now known or thereafter developed for promotional and marketing purposes . Further, such submission indicates that you have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to the Content, sufficient to allow inclusion and use of the Content in the iTunes U and iTunes Store sites, and the ECIS thereon.
In connection with User Submissions, you further agree that you will not:
a) 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 ECIS all of the license rights granted herein;
b) publish falsehoods or misrepresentations that could damage ECIS or any third party;
c) 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;
d) submit material that contains confidential or sensitive information, including personal information school faculty, staff, students, or families that may be protected by law
e) post advertisements or solicitations of business;
f) impersonate another person
ECIS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ECIS expressly disclaims any and all liability in connection with User Submissions.
General Copyright Information
Users may find the following information from Apple on copyright to be particular helpful when using content on the site or before uploading more content: http://images.apple.com/support/itunes_u/docs/iTunes_U_Copyright_Overview.pdf
ECIS 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. ECIS does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and ECIS will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ECIS reserves the right to remove Content and User Submissions without prior notice. ECIS also reserves the right to decide whether Content or a User Submission 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. ECIS may remove such User Submissions 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 sole discretion. In particular, 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 to the ECIS which will comply with rulings regarding and pursuant to the relevant Digital Copyright laws.
Submissions from Other Users
You understand that when using the Service, you may be exposed to User Submissions from a variety of sources, and that ECIS is not 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 ECIS 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.
Links and Service Up Keep
Although ECIS facilitates posting of Content on the iTunes U site, ECIS is not responsible for assuring that the Content is preserved. Contributors concerned about the long-term availability of content must ensure content is separately preserved on other electronic media.
Modifications by Apple
Content available on ECIS iTunes U will be available to the public via Internet access. The iTunes U model allows for Apple, Inc. to modify the look and function, but not substance, of any Content posted on ECIS iTunes U. Apple may also make changes so that only a portion of contributor Content is presented. By submitting Content to ECIS iTunes U for submission, contributor verifies understanding Apple's possible uses of that Content. The contributor also understands that neither ECIS nor Apple is able or responsible to control third-party use of Content posted on ECIS iTunes U. All iTunes materials and services are also subject to the iTunes policies found here: http://www.apple.com/legal/trademark/claimsofcopyright.html
YOU AGREE THAT YOUR USE OF THIS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ECIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. ECIS 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, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN 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 ECIS iTUNES U SERVICE.
ECIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ECIS 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.
Limitation of Liability
IN NO EVENT SHALL ECIS, 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, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR 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 SERVICE, 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 ECIS 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 Service is controlled and offered by ECIS from its facilities in England Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Those who use this site submit to jurisdiction within England and Wales as provided in these terms and conditions for any conflict that may arise with ECIS, Apple, or other UK based users.
To the extent permitted by law, You agree to indemnify, defend and hold harmless ECIS and ECIS's parents, subsidiaries, affiliates, and their officers, directors, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys' fees), that ECIS may incur by reason of: (i) claims arising out of your violation of these Terms.; any claim in connection with Content, including but not limited to claims of alleged infringement by, errors, omissions or misrepresentations in, Content; (iii) any virus, worm, Trojan horse or other contaminating or destructive feature contained in Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.
We reserve the right to deny you access to the Service and to terminate these Terms at any time without notice for any reason, including your violation of these Terms. The following sections of these Terms survive any such termination: limitation of liability, governing law, jurisdiction and venue, the restrictions imposed on you with respect to material you download from Our Site, your license to ECIS of any content you provide to us via the Service, warranties, indemnification, and any other provision that by its terms contemplates survival.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ECIS without restriction. Subject to the foregoing, the Terms of Service will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
Independent Contractors . The relationship of the parties under these Terms of Service is that of independent contractors.
This agreement will be interpreted and construed in accordance with the laws of England. All disputes arising out of these Terms of Service will be subject to the exclusive jurisdiction of the courts of England. These Terms of Service shall constitute the entire agreement between you and ECIS concerning the ECIS iTunes U Service except as otherwise provided herein. If any provision of these Terms of Service is deemed invalid, unlawful or unenforceable 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 this 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. No exercise or enforcement of any right or remedy under these Terms of Service will preclude the enforcement of any other right or remedy under these Terms of Service or is entitled by law to enforce. The contracts (Rights of Third Parties) ACT 1999 shall not apply to the Terms of Service and no person who is not a party to these Terms of Service may enforce any provision of it. ECIS reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ECIS iTunes U Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.