The Regents of the University of Michigan (“Michigan”) are making the Materials (as defined below) available to you (“You” or “Your”) through their Teaching and Learning Exploratory (“TLE”) Please read these terms of service carefully before using the TLE or the TLE Materials. These terms of service govern Your access to and use of the TLE and the TLE Materials and create a binding agreement ( “Agreement”) between You, Your employer (if you are acting within your employment), and Michigan.
IF YOU DON’T UNDERSTAND HOW THIS AGREEMENT APPLIES TO YOUR ACCESS TO OR USE OF THE TLE MATERIALS, OR YOU THINK THAT YOUR ACCESS TO OR USE OF THE TLE MATERIALS WOULD BE IN VIOLATION OF THIS AGREEMENT, YOU SHOULD CONTACT THE TLE (see section 11) BEFORE YOU ACCESS OR USE TLE MATERIALS. IF YOU ARE ACCESSING THESE MATERIALS IN YOUR CAPACITY AS AN EMPLOYEE PLEASE DISCUSS THE MATTER WITH YOUR SUPERVISOR OR A REPRESENTATIVE OF YOUR EMPLOYER. YOU MUST BE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS AS AN INDIVIDUAL OR ON BEHALF OF YOUR EMPLOYER. IF YOU DON’T OR CAN’T ACCEPT THESE TERMS AND CONDITIONS PLEASE STOP HERE AND DO NOT ACCESS OR USE THE TLE OR THE TLE MATERIALS.
I. TLE Materials
As used in this Agreement, “TLE Materials” means the videos and related materials provided through the TLE’s hosted data archive, together with all software provided or made available by Michigan to enable You to access and use the TLE Materials. Except for the access and use rights granted in this Agreement, or as otherwise indicated to You separately in writing by Michigan, You, have no right, title, or interest in or to the TLE Materials.
2. Your Account/Access
Before You can access the TLE You need to register and create an account. By registering for an account, You will be sure that all information You provide in the registration form ("Registration Data") is complete and accurate. Michigan reserves the right to refuse access to the TLE to anyone at any time at its sole discretion. You agree to keep Your Registration Data current and complete so that Michigan may send important notices about Your account and TLE services from time to time.
Regardless of the physical location from which You access or use the TLE and TLE Materials, You will be considered to be accessing or using information technology of the University of Michigan.
3. Copyright and Other Restrictions
Michigan respects copyright law and requires You to do the same. Michigan expressly prohibits the use of the TLE for the illegal transmission of copyrighted material, and will, if notified by content owners, disable copyrighted material from being transmitted via the TLE.
You agree that you will not modify or alter the TLE Materials except as authorized in writing. The TLE Materials may contain a proprietary tagging system that You agree not to use with any other materials. You also agree not to bypass, delete, or disable any copy protection mechanisms or any security mechanisms in the TLE Materials.
Any use of the TLE Materials other than as specifically authorized herein, without the express prior written permission of Michigan, is prohibited.
4. Code of Conduct
You are responsible for all data and content that You access from the TLE or create using the TLE Materials (collectively, “Data”). In addition to any other terms and conditions of this Agreement, YOU AGREE TO ABIDE BY THE FOLLOWING RULES AS WELL AS THOSE CONTAINED IN THE USER AGREEMENT AND AFFIRMATIONS, THAT WILL BE PROVIDED TO YOU WHEN YOU ACCESS THE CERTAIN TLE MATERIALS:
- You will not share passwords or other access information or devices or otherwise authorize any third party to access or use the TLE Materials on Your behalf.
- You will not engage in unlawful, illegal, or fraudulent activity, including, without limitation, by engaging in unauthorized access or unauthorized use of the TLE Materials or any accounts, computers, or networks related to the TLE Materials.
- You will not damage, disrupt, interfere with, diminish, or render inaccessible or unusable the TLE Materials, the TLE or others’ equipment or software or others’ data, or attempt to do so, or encourage or assist others to do so.
- You will not initiate a denial of service attack against the TLE or TLE Materials or release a virus, trojan horse, worms or other malware or spyware.
- You will not use the TLE Materials to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
- You will not use the TLE Materials to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- You will not use the TLE Materials to libel or defame others.
- You will not resell or charge others for the TLE Materials, either directly or indirectly.
- You will abide by reasonable administrative directives issued from time to time concerning the access or use of the TLE Materials.
5. Suspension and Termination of Your Use of the TLE
If You breach or violate the terms and conditions of this Agreement, Your access to and use of the TLE Materials may be suspended or terminated without prior notice to You.. You acknowledge that if Your access to and/or use of the TLE Materials is suspended or terminated, it is possible that You may no longer have access to the Data that You created that describes or incorporates TLE Materials.
You agree that if You breach this Agreement Michigan may report Your actions to Your employer, and/or take any available legal actions.
6. Changes to Agreement
Michigan may make changes to this Agreement. Michigan will inform You that changes have been made to only via the following web page https://umichsoe.zendesk.com/hc/en-us/articles/200891960. You should routinely check the webpageto find out if any changes have been made that affect Your use of the TLE Materials. Unless otherwise specified, changes made to this Agreement will be effective when they are posted to the web page. IF YOU DO NOT AGREE WITH ANY CHANGES THAT HAVE BEEN MADE, YOU MUST TERMINATE YOUR USE OF THE TLE MATERIALS.
Michigan may monitor Your use of the TLE AND TLE Materials to assess compliance with the terms of this Agreement.
8. Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “TLE MATERIALS” ARE BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT. MICHIGAN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE TLE MATERIALS FOR YOUR PURPOSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, NEITHER MICHIGAN, NOR ANY OF ITS RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS, WILL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.
IF YOU ARE DISSATISFIED WITH THE TLE MATERIALS FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE TLE MATERIALS.
9. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state of Michigan.
Your access to and use of the TLE AND TLE Materials are governed by this Agreement AND the User Agreement and Affirmations related to specific TLE Materials. In the event You have any questions about this Agreement, You should contact firstname.lastname@example.org
If any part of this Agreement is determined to be invalid or unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of Michigan to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to anyone else.