MIT Tech TV Terms of Use

SUMMARY

• Only MIT can upload. Anyone can view. The ability to upload videos is limited to people with an mit.edu e-mail address (MIT students, faculty, staff, alumni, etc.), but anyone will be able to watch videos posted to MIT Tech TV.
• Accept these terms to use this website. If the following Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site.
• Be 17 or get permission. You must be 17 years or over or possess legal parental or guardian consent to register as a member of this website.
• Keep it clean. Some of the content uploaded to MIT Tech TV will be showcased on a sub-site for an audience geared to students 12 to 14 years of age. Therefore, content uploaders agree not to upload any content that is inappropriate for this age group.
• Don't go there. See more on Prohibited Content below [link to Prohibited Content].
• Moderators. Content uploaded to MIT Tech TV will be moderated by a combination of individual MIT Tech TV moderators and the members of the MIT Tech TV website in accordance with the Terms of Use and Principles and Mission. Content that does not adhere to this website's Terms of Use and/or Principles and Mission will be rejected or removed from the website.
• Your work is yours. Those who upload to MIT Tech TV retain the rights to their own work while giving us the right to distribute their video until and unless they delete it from our website.
• Others' work is NOT yours. Unauthorized use of someone else's content -- including music, video, images and other media -- in your uploads is theft and will not be tolerated on MIT Tech TV. Users should abide by MIT's copyright guidelines [link to IS&T copyright page]
• Think someone used your work without permission? If you believe that any of your intellectual property rights have been violated by material available on MIT Tech TV, consult the MIT Stopit http://web.mit.edu/stopit/ website.

USER OBLIGATION

If you are seeking to upload material to this site or to engage in any activities within the MIT Tech TV web site (hereafter referred to as “the site” or MIT Tech TV) other than passively viewing site content, you must register and become a site member. As part of the registration process, you will be asked to ACCEPT these Terms of Use. On doing so, you will be deemed to have consented to and you will be bound by these Terms of Use.

Visitors to the site merely wishing to view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the sites content) constitutes your acknowledgment and acceptance of these Terms of Use, which takes effect the moment you first use the site. Massachusetts Institute of Technology (hereafter referred to as MIT) operates MIT Tech TV and reserves the right at any time to change the terms, conditions and notices under which the services of MIT Tech TV are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately.

If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 17 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You must be 17 years or over or possess legal parental or guardian consent to register as a member of this website. If we discover or have any reason to suspect that you have not reached 17 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.

Content uploaders agree not to upload any content that is not appropriate for an audience aged 12 years and up.

PASSWORD, SCREEN NAME AND SECURITY

When you register as a member of MIT Tech TV, you will be asked to select a username and we will provide you with a Password which you are then free to change to your own original Password. Your Username and Password allow you to access your account and, as we continue to enhance the site, log on to areas of the site that are reserved for members only.

You accept that it is your sole responsibility to maintain the confidentiality of your Password and username and that you are responsible for all activity that occurs under them. MIT Tech TV is unable to verify the identity of people using the site and will not in any way be liable where your Password or Username are used by someone else. You agree to notify MIT Tech TV immediately of any unauthorized use of your Password or Username and any other breach of security as soon as you become aware of it.

Any private information and/or data relating to your membership to MIT Tech TV or your uploaded content that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by MIT Tech TV, our subcontractors, employees, agents, partners, and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may, at our discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offense or suspected breach of these Terms of Use, including but not limited to, any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

HOLD HARMLESS AND INDEMNIFICATION

You agree to hold harmless and indemnify MIT, its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the MIT Tech TV site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If MIT receives notice of such a claim from someone other than the member whose use of the site is in question, MIT will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

GRANT OF LICENSE

When you upload or post content to MIT Tech TV, that content becomes public content and will be searchable by and available to anyone who visits the MIT Tech TV site. MIT does not claim ownership of the materials you post, upload, input or submit to the MIT Tech TV site. However, by posting, uploading, inputting, providing or submitting your content to MIT Tech TV, you are granting MIT, its affiliated organizations and partners, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on MIT Tech TV or for any other educational or non-commercial use of that content.

In addition, when you upload or post content to the MIT Tech TV site, you grant MIT a license to distribute that content, either electronically or via other media, to users seeking to download it through the MIT Tech TV site or for purposes of other services provided by MIT Tech TV and to display such content on MIT affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.

By posting, uploading, inputting, providing or submitting your content, you warrant and represent that you own or otherwise control all of the rights to your content, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and for MIT Tech TV to post, upload, cross-post, or cross-upload the content.

You may remove content you have posted on MIT Tech TV at any time. When you delete content from MIT Tech TV, such deleted content, while not available to the viewing public and other MIT Tech TV users, will remain on the MIT Tech TV server until such time as you make a specific request to MIT Tech TV for permanent deletion of such content from the MIT Tech TV server. Such requests must be made in writing, via email, to MIT Tech TV customer service at the following address: techtv at mit dot edu. When you do remove your content, the license described above will automatically expire.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The content on the MIT Tech TV site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to MIT, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. MIT reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of MIT, its affiliates, associated organizations, and/or licensors.

The names, images and logos identifying MIT Tech TV are proprietary marks of MIT, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or service mark of MIT, its associated companies and affiliates, or any third party unless expressly stated otherwise.

In accessing the MIT Tech TV site, you agree that you do so only for your own personal, educational, or non-commercial use. Unless otherwise stated, you may not distribute, transmit, broadcast, commercially exploit or modify in any way the site's material or content or permit or assist any third party to do the same.

You shall be solely responsible for your own user-generated content and the consequences of posting or publishing said content. In connection with all content that you upload to MIT Tech TV, you affirm, represent and/or warrant to MIT Tech TV and its third-party syndication, content and outreach partners that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize MIT Tech TV to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.

In addition to posting your own content on MIT Tech TV, you can also enjoy the many videos uploaded by others in the MIT Tech TV community. The MIT Tech TV site includes a combination of content that we license from third party partners and content that is created and posted by our users. All of the content on the MIT Tech TV site is protected by our copyrights, the copyrights of our partners and/or the copyrights of the user who posted such materials. Materials uploaded to MIT Tech TV may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

All user-generated content will be uploaded onto the site under a Creative Commons License (see http://www.creativecommons.org/) or on an all rights reserved basis. You agree to be bound by the terms of each license. As a creator of user-generated content or as a passive user of the MIT Tech TV site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the MIT Tech TV site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any MIT Tech TV content or user-generated content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the MIT Tech TV, you will need to provide, at a minimum, the following information immediately:

• The nature of your complaint and an exact description of where the material about which you complain is located within the site;
• In the case of a copyright/trademark dispute, identification of the copy-righted/trademarked work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
• Your name, address, telephone number, and email address;
• A statement by you that the above information is accurate and, in the case of a copyright/trademark dispute, that you are the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
• Your electronic or physical signature.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information on our copyright policy and procedure for reporting alleged copyright infringement, go to http://web.mit.edu/stopit/.

Any rights not expressly granted herein are reserved.

PROHIBITED CONTENT

A substantial segment of the audience for MIT Tech TV will consist of people 12 to 14 years of age. Our goal is to promote the free-flowing exchange of expression relating to members' interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the MIT Tech TV website, the following content is prohibited on MIT Tech TV:

• Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
• Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
• Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
• Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
• Content promoting or providing instructional information about illegal activities.
• Content promoting or providing instructional information about dangerous activities.
• Content depicting cruelty to animals.
• Copyrighted content or material that is used without the express permission of the owner.
• Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
• Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
• Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of MIT Tech TV's server or another user's computer.
• Content that violates any applicable laws or regulations not specifically referenced herein.

As a condition of your use of the MIT Tech TV site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MIT Tech TV site in any manner which could damage, disable, overburden, or impair the MIT Tech TV site or interfere with any other parties' use and enjoyment of the MIT Tech TV site. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other MIT Tech TV proprietary materials, through any means not intentionally made available or provided for through the MIT Tech TV site.

MIT Tech TV reserves the right to review materials uploaded to MIT Tech TV and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. MIT Tech TV reserves the right to terminate your access to any or all of the services offered by MIT Tech TV at any time without notice for any reason whatsoever.

MIT Tech TV does not endorse or entirely control the content, messages or information found in any user-generated content or uploaded material and, therefore, MIT Tech TV specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

You agree to use the services provided by MIT Tech TV only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use MIT Tech TV in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access MIT Tech TV by any means except through the interface provided by MIT Tech TV and that you will not access MIT Tech TV from any territory where its contents are illegal.

MIT Tech TV does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and MIT Tech TV expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, MIT may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

THIRD PARTY SITES / LINKS TO MIT Tech TV

MIT Tech TV may contain links to other websites not affiliated with MIT (Linked Sites). The Linked Sites are not nder the control of MIT, and MIT is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. MIT is not responsible for webcasting or any other form of transmission received from any Linked Site. MIT Tech TV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MIT or any association with its operators.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. MIT does not endorse and is not responsible or liable for any content, advertising, products, services or information on, or available from, third party websites or material. MIT is not responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. MIT does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.

MIT disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with MIT Tech TV.

WARRANTY DISCLAIMER

Please note that the information, software, products and services included in, or available through, the MIT Tech TV website are continually being updated and upgraded. MIT does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. MIT EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MIT TECH TV SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

The information and other materials included on this site may contain inaccuracies and typographical errors. MIT does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. MIT reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, serv-ices or prices described in the site at any time without notice.

MIT does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. MIT does not represent the full functionality, accuracy or reliability of any material. MIT may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIT AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MIT Tech TV WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MIT Tech TV WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MIT Tech TV WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MIT Tech TV WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIT Tech TV OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the MIT Tech TV website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the MIT Tech TV website and services provided therein.

LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts. Disputes arising from these Terms of Use or your use of the MIT Tech TV website shall be exclusively subject to the jurisdiction of the courts of Massachusetts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

MIT makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

MISCELLANEOUS

If any of these Terms of Use or any other policies posted by MIT on the MIT Tech TV website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of MIT to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect these terms and conditions.