Terms and Conditions
B. What this TOU Covers. This TOU covers the Michigan Virtual University’s LOR, which includes the website, online content, web based program, and may include associated media, hardware, printed materials, and electronic documentation (collectively, the "LOR”). The LOR also includes any updates and supplements to the original LOR provided to you by Michigan Virtual University through this site.
C. Meaning of "You." If the person accessing this LOR is an individual using it for his or her own purposes, "you" means the person using this software.
D. The Parties to this TOU. This TOU is a legal agreement between You and Michigan Virtual University, a Michigan nonprofit corporation ("Michigan Virtual University"), with offices at 3101 Technology Blvd, Suite G, Lansing, MI 48910, USA.
E. Nature of this TOU. The LOR is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The LOR is licensed, not sold.
1. GRANT OF LICENSE.
Michigan Virtual University grants to you a nonexclusive license to use the LOR as provided in the accompanying publications or documentation. This license permits one specific natural person to access and use the LOR. This is not a seat- or session-based license. Once a natural person begins use of the LOR, the license is permanently associated with that named natural person and no other person may use the LOR without procuring from Michigan Virtual University, another license for that other person.
The Service IS NOT available to (A) any previously suspended or removed users OR (B) ANY PERSONS UNDER THE AGE OF 18.
2. USE OF SERVICES
Use of Learning Objects. Michigan Virtual University may make certain educational resources and standards available to you within the LOR. All educational resources and/or standards made available by using the LOR, such educational materials, including all data, files and images contained in the resources and all accompanying data (collectively, “Resources”) are owned by their respective content owner. To the extent that such Resources are made available for download from the Site, you agree that your use of such Resources is subject to the open license agreement and all applicable restrictions from their respective content owner. In addition, as between you and Michigan Virtual University, your use and access to such Resources is further restricted as follows. You agree to use all such Resources for your personal, educational and noncommercial use only – if you are a teacher you have a right to use the
Resources in your classroom and to distribute to your students.
Resource Metadata. The Resources are presented, categorized and classified using relational metadata compiled and analyzed by Michigan Virtual University. All such relational metadata and all other related ontology information, order and classification of Resources, presentation categories for Resources and grouping and relation to standards, and any other classification, grouping or display parameters for Resources and standards presented on the Site, as well as the color scheme and the layout of the Site (collectively “Site Parameters and Metadata”), are owned by Michigan Virtual University and subject to copyright, trademark rights, database rights and/or other intellectual property rights. You are only permitted to use Site Parameters and Metadata as strictly required for searching, locating and accessing Resources through the Site as permitted above and for no other purpose. Any other use, access to and/or reproduction of Site Parameters and Metadata, without the prior written consent of Michigan Virtual University, is prohibited and will constitute a breach of this Agreement and will infringe Michigan Virtual University’s intellectual property rights. All trademarks and logos are owned by Michigan Virtual University or its licensors and you may not copy or use them in any manner.
You grant Michigan Virtual University a license to use the materials you post to the LOR. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the LOR, you are granting Michigan Virtual University a license to use your User Content including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content and sublicense it to other users of the Service in the form of Resources. You will not be compensated for any User Content. You agree that Michigan Virtual University may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the LOR, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User
Inappropriate Content. You shall not make the following types of User Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that:
A. Is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable;
B. Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
C. Advertises or otherwise solicits funds or is a solicitation for goods or services;
D. Infringes any intellectual property or other proprietary rights of any party;
E. 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;
F. Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or
G. In the sole judgment of Michigan Virtual University, is otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Michigan Virtual University or its users to any harm or liability of any type. Michigan Virtual University intends to cooperate
Prohibited Uses. Michigan Virtual University imposes certain restrictions on your permissible use of the LOR. You are prohibited from violating or attempting to violate any security features of the LOR, including, without limitation:
A. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
B. Collecting, copying or downloading any Site Parameters and Metadata including any screen display data, such as through screen scraping, framing or similar methods, for the purpose of collecting, analyzing or learning, ontology, metadata, resource alignment to standards or for any other similar purpose;
C. Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
D. Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the LOR, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
E. Using the LOR to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
F. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
G. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Michigan Virtual University in providing the LOR. Any violation of system or network security may subject you to civil and/or criminal liability.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Individual User Accounts. Every teacher or administrator who accesses the LOR must do so with a single named user account that is personally associated and only used by them.
In consideration of your use of this Web site and the Web program, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being "Your Data"), If you provide any information that is untrue, inaccurate, not current or incomplete, or MVU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MVU has the right to suspend or terminate your account and refuse any and all current or future use of the Web site or Web Program, or any portion thereof.
It is expressly prohibited for a user to share their access credentials with any other person, or to distribute the URL to any person who is not another student, teacher, or administrator, or the parent of a home-schooled student residing within the United States of America or its Territories.
Separation of Components.
The LOR is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by MVU or its designated suppliers.
Rental or Sale.
Without exception You may not rent, sell, lease, lend or provide commercial or fee-based hosting services for the LOR or otherwise charge any type of access fee to users in exchange for access to the LOR.
This TOU does not grant you any rights in connection with any trademarks or service marks of Michigan Virtual University.
Michigan Virtual University shall have no obligation to provide any product support for the LOR unless Michigan Virtual University expressly agrees in writing to provide such support.
Without prejudice to any other rights, Michigan Virtual University may terminate this TOU if you fail to comply with the terms and conditions of this TOU. In such event, you must immediately stop accessing the LOR, and destroy all copies of the LOR and all of its component parts in your possession or under your control.
4. COPYRIGHT AND VIOLATIONS.
Except for the limited license rights granted in this TOU, all right, title, and interest in and to the LOR (including, but not limited to, any images, photographs, animations, video, audio, music, text, computer code or applets incorporated into the LOR), and any copies of the LOR are owned by Michigan Virtual
University. All rights in and to the content that may be accessed through use of the LOR is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This TOU grants no rights to use such content. All rights not expressly granted are reserved by Michigan Virtual University and/or the owner(s) of the LOR or other materials. The burden of proving that any User Content does not violate any laws or third party rights rests solely with You.
Michigan Virtual University’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Michigan Virtual University to delete, edit, or disable the material in question, you must provide Michigan Virtual University with all of the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
C. Identification of the material that is claimed to be infringed 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 Michigan Virtual University to locate the material;
D. Information reasonably sufficient to permit Michigan Virtual University to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
E. 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
F. 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.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The LOR and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth is subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Michigan Virtual University, 3101 Technology Boulevard - Suite G - Lansing, Michigan 48910-8546.
6. EXPORT RESTRICTIONS.
You may not export or re-export the LOR, any part thereof, or any process or service that is the direct product of the LOR (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You represent and warrant that no governmental authority has suspended, revoked, or denied your export privileges.
7. WARRANTY AND LIABILITIES
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TOU, MICHIGAN VIRTUAL UNIVERSITY PROVIDES THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND MICHIGAN VIRTUAL UNIVERSITY MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICHIGAN VIRTUAL UNIVERSITY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LOR OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICHIGAN VIRTUAL UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall apply regardless of whether the damages arise due to breach of contract, tort, or any other legal theory of form of action.
This TOU is governed by the laws of the State of Michigan and the federal law of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this TOU, you may do so only in the Michigan state courts sitting in Ingham County, Michigan or in the United States District Court for the Western District of Michigan - Lansing Office.
9. ENTIRE AGREEMENT; SEVERABILITY
This TOU (including any addendum or amendment to this TOU which is included with the LOR) is the entire agreement between you and Michigan Virtual University relating to the LOR and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the LOR or any other subject matter covered by this TOU. To the extent the terms of any Michigan Virtual University policies or programs for support services conflict with the terms of this TOU, the terms of this TOU shall control. If any provision of this TOU is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.