Online Video Service Terms of Service

Last Updated: April 4, 2013

THESE ONLINE VIDEO TERMS OF SERVICE ("TERMS OF SERVICE") CREATE A LEGAL AGREEMENT BETWEEN YOU AND EBS Support Services, LLC. ("EBS," "we" or "us") GOVERNING YOUR USE OF THE ONLINE VIDEO SERVICE OFFERED THROUGH THIS WEBSITE ("SERVICE"). YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE BY CLICKING "WATCH NOW," "DOWNLOAD" OR THEIR EQUIVALENT ON THE SERVICE. If you do not agree to these Terms of Service, you will not be permitted to view or download the Programs offered through the Service.

1.      THE SERVICE

  1. Eligibility. To use the Service, you must (a) register on our website, (b) be at least 13 years of age, (c) have a valid email address, and (d) be a student or educator. By registering for the Service, you represent that you are at least 13 years of age.
  2. Programs. The Service includes digitized educational programs and other video content that we offer from time to time (collectively, "Programs"). The Service allows you to access and view Programs in two different ways: by streaming a copy, or by downloading a copy. As indicated on the Program description, some Programs may be available for streaming only and some Programs may be available for download only. In order to be able to stream or download Programs from the Service and to view Programs on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties.

2.      LICENSE

  1. License to Programs. Subject to your compliance with these Terms of Service and all other terms we specify for Programs or the Service, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period (as defined in Section 2(b)), to access, view, use and display the Programs in accordance with the Usage Rules (as defined in Section 2(b)) for Non-Commercial, Educational Use. As used herein, "Non-Commercial, Educational Use" means a presentation of Program for which no fee or consideration of any kind is charged or received and is limited to a private viewing for educational for instructional purposes for you and other students, educators and administrators from any location of your choosing. We reserve the right to disable your access to any Program at any time. If any downloaded Program has a limited Viewing Period, you agree to delete Programs from your Compatible Device after the end of its Viewing Period.
  2. Usage Rules. Your use of Programs may be subject to various terms and conditions, including the time period during which you are authorized to view different types of Programs (the "Viewing Period" for that Program) and limitations on the number and type of Compatible Devices on which each type of Program may be downloaded, streamed, and viewed. This information will appear on the page where the Program can be accessed for viewing.
  3. Availability of Programs. Programs will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and we will not be liable to you if Programs become unavailable for further download or streaming.
  4. Streaming. When you stream Programs, the resolution and quality of the Programs you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Programs and your bandwidth, which may go up and down over the course of your viewing. We make no guarantee as to the resolution or quality of the Programs you will receive when streaming.
  5. General Restrictions. You may not transfer, copy or display the Programs, except as permitted in these Terms of Service. In addition, you may not (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Programs to any third party; (ii) remove any proprietary notices or labels on the Programs; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Programs for any commercial or illegal purpose.

3.      RESERVATION OF RIGHTS

Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in the Service, Software, and Programs are reserved and retained by EBS and our licensors, and we and our licensors do not transfer any right, title or interest in the Service, Software, or Programs. You do not acquire any ownership rights in the Programs as a result of streaming or downloading Programs.

4.      ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

5.      USER GENERATED CONTENT

You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.

 

This means that you, not EBS, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Service, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it.

Because we do not control the User-Generated Content posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Site. The User-Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of EBS or any person or entity associated with EBS.

 

You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.

 

We may disclose and/or remove User-Generated Content. EBS reserves certain rights. We reserve the right (but do not assume the obligation) to monitor all User-Generated Content. We reserve the right to require that you avoid certain subjects if we believe that doing so will help ensure compliance with applicable laws or compliance with these Terms of Service, including, without limitation restrictions on User-Generated Content. We reserve the right (but do not assume the obligation) to remove or block any User-Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of EBS or others, or to enforce these Terms of Service. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this Site, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.

 

Restrictions on User-Generated Content. It is a condition of these Terms of Service that you do not:

 

  • upload, post, transmit or otherwise make available
    • any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
    • any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
    • any User-Generated Content that is false, misleading, or fraudulent;
    • any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
    • any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least 18 years old and you have first obtained his/her express permission or (ii) that person is under 18 years old but you are his/her parent or legal guardian;
    • any request for or solicitation of any personal or private information from any individual;
    • any request for or solicitation of money, goods, or services for private gain;
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

 

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Service; (ii) the User-Generated Content is accurate, and (iii) you have read and understood-and your User-Generated Content fully complies with-these Terms of Service and applicable laws and will not cause injury to any person or entity.

6.      REMOVAL OF CONTENT; COPYRIGHT POLICY

In general. You can report objectionable User-Generated Content and other objectionable Content by contacting us using the information provided below. While we do not have any obligation to remove Content from this Site merely because of a removal request, we may remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Service and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from this Site may remain on back-up servers.

 

Violation of copyrights. EBS respects the intellectual property rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

 

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:

 

�        an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

�        a description of the copyrighted work that you claim has been infringed;

�        a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);

�        your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;

�        a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

�        a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Your statement must be addressed as follows:

 

Voqal

Attn: Copyright Agent

655 South Sunset Street, Suite A

Longmont, CO 80501

Phone: 303-532-2850

Fax Attn: Copyright Agent

email: info@voqal.org

 

7.      DISCLAIMER

THE SERVICE is provided on an "as is" and "as available" basis. ebs and its PARENTS, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the "ebs Parties") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, TITLE and non-infringement, with respect to the service. The ebs parties make no warranty: (i) that the service or the programs offered through the service will meet your requirements, will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (ii) regarding the results that may be obtained from the use of the service and programs; and (iii) the quality of the programs or other material VIEWED or DOWNLOADED by MEMBER through the service. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data.

8.      LIMITATION OF LIABILITY (i) in no event will THE EBS PARTIES' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the service exceed the amount of fifty dollars ($50.00); and (ii) in no event will our or our Programs providers' total liability to you for all damages arising from your use of the Service OR the Programs included on or otherwise made available to you through the Service, exceed $100.  These limitations will apply to you even if the remedies fail of their essential purpose.

 

9.                GENERAL TERMS

  1. Termination. If you violate any of the terms or conditions of these Terms of Service, your rights under these Terms of Service will automatically terminate without notice from us, and we may, in our discretion, immediately revoke your access to the Service without notice to you. In such event, you are required to immediately delete all copies of Programs that you have downloaded, and we will have the right, without notice to you, to automatically discontinue your access to Programs from the Service.

 

  1. Explicit Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and we have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that we do not guarantee their accuracy.

 

  1. Modification of Service. We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and we will not be liable to you should we exercise such rights, even if your use of Programs is impacted by the change.

 

  1. Amendments. We reserve the right to change or modify these Terms of Service or any policy or guideline of the website, from time to time. Any non-material changes or modification will be effective immediately upon posting of the revised Terms of Service on our website, and you waive any right you may have to receive specific notice of such changes or modifications. We will give you advance notice of any material changes, as determined by us in our discretion, to the Terms of Service or other policies and provide you a reasonable period of time to review the revised Terms of Service before they become effective. Since we may not have any way to contact you directly, we may notify you on the homepage of the website. Your continued use of our website or Service following the effective date of any modifications will confirm your acceptance of the revised Terms of Service.

 

  1. Third-Party Beneficiaries. Content providers providing Programs that you rent, purchase, or view on the Service are intended third-party beneficiaries under these Terms of Service.

 

  1. Contact Information. For communications concerning these Terms of Service, please contact us at:

 

Voqal

Attn: Director of Instructional Video

P.O. Box 6060

Boulder, CO 80306

 

  1. Miscellaneous. These Terms contain the entire agreement between you and us with respect to our Website and supersede all previous communications and agreements, whether oral, written, or electronic between you and us with respect thereto.  These Terms are governed by the laws of the State of Colorado without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms will be held exclusively in state or federal court in Denver, Colorado.  You hereby irrevocably consent to the personal jurisdiction of said courts for all such purposes.  Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of these Terms or any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.  If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining