On March 19, 2014, UNCG adopted amended Terms of Service, providing as follows
RIGHT OF MODIFICATION
UNCG reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement to the modified TOS and all of the changes. Refer back to this page periodically to ensure familiarity with the most current version of these TOS.
DESCRIPTION OF UNCG MOOCS
UNCG offers MOOCs (Massive Open Online Course) that provide users an opportunity to experience a university course as either part of a guided group or at one’s own pace. The MOOCs include opportunities for peer interactivity, individual assessment, and in some cases a certificate of completion.
RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the Site and for your User Content. “User Content” includes all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.
As a condition of your use of UNCG services, you will not use the Site in any manner intended to damage, disable, overburden or impair any UNCG server or the network(s) connected to any UNCG server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any UNCG server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
THE FOLLOWING LIST OF ITEMS IS PROHIBITED ON THE SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property;
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
- Furthermore, you agree not to download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Content or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
USER ACCOUNTS AND AUTHORITY
In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account (“User Account”). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to volunteer additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
YOUR RIGHT TO USE CONTENT ON THE SITE
Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.
Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.
User Content Representations and Warranties. By submitting or distributing your User Content, you affirm, represent and warrant that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Content and to authorize UNCG and its users to reproduce, modify, publish and otherwise use and distribute your User Content in a manner consistent with the licenses granted by you below, and that neither your submission of your User Content nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not UNCG, are solely responsible for your User Content and the consequences of posting or publishing them.
License Grant to UNCG. By submitting or distributing your User Content, you hereby grant to UNCG a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, re-license and otherwise use, make available and exploit your User Content, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to UNCG Users. By submitting or distributing your User Content, you hereby grant to each user of the Site a non-exclusive license to access and use your User Content in connection with their use of the Site for their own personal purposes.
Generally. UNCG may offer a “Certificate” of completion for students who, in our judgment, have satisfactorily demonstrated mastery of the course material. Certificates will be issued by UNCG. The decision whether a Certificate will be awarded to a given student will be solely within the discretion of UNCG. UNCG may choose not to offer a Certificate for some courses.
No Other Enrollment. When you take a course through UNCG, you will not be an applicant for admission to, or enrolled in, any degree program of UNCG as a result of registering for or completing a course provided UNCG. You will not be entitled to use any of the resources of the UNCG beyond the online courses provided on the Site, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of UNCG.
Use of UNCG names, logos and seals are trademarks (“Trademarks”) of the respective entities. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by UNCG that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
DIGITAL MILLENNIUM COPYRIGHT ACT
Copyright owners who believe their material has been infringed on the Site should contact UNCG at firstname.lastname@example.org.
Notification must include:
- Identification of the copyrighted work, or, in the case of multiple works at the same location, 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. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
- Information for us to be able to contact the complaining party (e.g., email address, phone number).
- A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
UNCG DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. UNCG AND THE UNCG PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.
User Content Disclaimer. You understand that when using the Site you will be exposed to User Content from a variety of sources and that UNCG is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, defamatory, 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 UNCG or any of the UNCG Participants with respect thereto. UNCG does not endorse any User Content or any opinion, recommendation or advice expressed therein. UNCG does not have any obligation to monitor any User Content or any other user communications through the Site.
However, UNCG reserves the right to review User Content and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, UNCG may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. UNCG is not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNCG NOR WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNCG WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT UNCG HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless and indemnify UNCG and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, UNCG will provide you with written notice of such claim, suit or action.
Termination Rights; Discontinuation of Courses and Content. You agree that UNCG, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is UNCG policy to terminate in appropriate circumstances users of the Site who are repeat copyright infringers. UNCG reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through UNCG, or to cease providing any part or all of the Site content or related services, and you agree that UNCG will not have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.
Waiver and Severability of TOS. The failure of UNCG to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Guilford County, North Carolina, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
Effective Date: March 19, 2014.