Terms of Use

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through http://itunes.unm.edu, the "University of New Mexico iTunes U Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS of the Office of the Provost at the University of New Mexico. If you do not agree to any of these terms, then please do not use the University of New Mexico iTunes U Website.

These Terms of Service apply to all users of the iTunes U Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by the Office of the Provost. The University of New Mexico has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the University of New Mexico will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the University of New Mexico from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the University of New Mexico iTunes U Website and to read the terms and conditions and privacy policy of each other website that you visit.

1. The University of New Mexico hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
   1. Your use of the Website as permitted is solely for The University of New Mexico educational noncommercial use with permission of the University Office of the Provost;
   2. You will not copy or distribute any part of the Website in any medium without prior written authorization from The University of New Mexico, Office of the Provost;
   3. You will not attempt to alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose without permission from The University of New Mexico, Office of the Provost;
   4. You understand that all content may be monitored and or removed at The University of New Mexico’s discretion for ANY reason;
   5. You will otherwise comply with the terms and conditions of these Terms of Service.
2. 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 convention 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 with respect to their User Submissions.

The content on the iTunes U Website, 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 The University of New Mexico, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. 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. The University of New Mexico 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.

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

The 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, iTunes U does not guarantee any confidentiality with respect to any submissions. You understand that none of your content is considered private or protected to be accessed solely by you.

1. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you represent and warrant that:
2. You own or have the necessary licenses, rights, consents, and permissions to use and authorize The University of New Mexico 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;
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. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to The University of New Mexico iTunes U, you hereby grant The University of New Mexico a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute,, display, modify the display of Content, and perform the User Submissions in connection with the Website, including without limitation for promoting and redistributing part or all of The University of New Mexico on iTunes U Website (and derivative works thereof) in any media formats and through any media channels.

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 The University of New Mexico all of the license rights granted herein;
2. Publish falsehoods or misrepresentations that could damage The University of New Mexico 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, included but not limited to the Health Insurance Portability and Accountability Act ("HIPAA") and Family Education Rights and Privacy Act ("FERPA") or is otherwise inappropriate.
4. Post advertisements or solicitations of business;
5. Impersonate another person

The University of New Mexico does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The University of New Mexico expressly disclaims any and all liability in connection with User Submissions. The University of New Mexico 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. The University of New Mexico does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and The University of New Mexico will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The University of New Mexico reserves the right to remove Content and User Submissions without prior notice. The University of New Mexico 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. The University of New Mexico 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 Office of the Provost at the University of New Mexico which will comply 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):

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;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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.
7. The University of New Mexico designated Copyright Agent to receive notifications of claimed infringement is:

   Richard Mertz
   Office of University Counsel
   The University of New Mexico
   MSC05 3440
   Albuquerque, New Mexico 87131-0001
   copyright-L@list.unm.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. 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.

1. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that The University of New Mexico 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 The University of New Mexico 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.
2. The University of New Mexico permits you to link to materials on the Website for educational, non-commercial purposes only unless given written permission. The University of New Mexico reserves the right to discontinue any aspect of the Website at any time.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNIVERSITY OF NEW MEXICO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE UNIVERSITY OF NEW MEXICO 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,

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

THE UNIVERSITY OF NEW MEXICO 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 THE UNIVERSITY OF NEW MEXICO 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.

IN NO EVENT SHALL THE UNIVERSITY OF NEW MEXICO, 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,

1. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ;
4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
5. 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 THE UNIVERSITY OF NEW MEXICO 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 The University of New Mexico, Office of the Provost at University of New Mexico 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.

You agree to defend, indemnify and hold harmless The University of New Mexico, its parent institution, 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.

As a content contributor, you affirm that you are either more than 18 years of age, or an emancipated minor, or a student of The University of New Mexico, 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.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The University of New Mexico without restriction.

Any claim or dispute between you and The University of New Mexico that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New Mexico. These Terms of Service shall constitute the entire agreement between you and The University of New Mexico concerning the Website. 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 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. The University of New Mexico 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 University of New Mexico iTunes U Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.