Terms and Conditions
Alexander Street Press, LLC provides an online uploading and hosting service for institutions under the names The Video Commons, The Open Music Library and similar names as detailed at www.alexanderstreet.com. Collectively these sites are defined as “The Service” and include user uploaded and published text, software, scripts, graphics, photos, sounds, music, videos, audiovisual synchronizations, interactive features and other materials (hereafter defined as “Content”).
By purchasing, using or visiting The Service you agree to the following Terms.
1. General Restrictions
- The Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to ASP and are subject to copyright and other intellectual property rights under the law.
- You agree not to decompile or reverse engineer The Service; sell, distribute, or commercially exploit it; or transfer, assign, or sublicense the Content or The Service.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses The Service in a manner that sends more request messages to ASP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ASP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ASP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes.
- ASP assumes no responsibility for links to third party websites and Content on The Service not owned or controlled by ASP. By using The Service, you expressly relieve ASP from any and all liability arising from your use of such material.
2. Content Restrictions
- You may access Content solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ASP or the respective licensors of the Content. ASP and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ASP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 ASP with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ASP, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
3. Your Content
- You retain all of your ownership rights in your Content.
- You may upload Content to the Service. ASP will use reasonable efforts to ensure such Content is presented only to users you authorize, but undertakes no liability in cases where such efforts are circumvented.
- You shall be solely responsible for your own Content and the consequences of uploading and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you upload; and you license to ASP all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ASP all of the license rights granted herein.
- By submitting Content for general freely available public access, you hereby grant ASP a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ASP's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The Service provides a tool for you to remove Content that you have submitted. Once such Content has been removed from the Service, the license granted by you to ASP will expire.
- ASP may index, add metadata or otherwise provide ancillary information for Content that has been Uploaded. Such material will remain the copyright of ASP.
- You agree that you will not upload or use the Service to distribute pornography, sexually explicit content, violent or graphic content, hateful content or spam, threats, dangerous or harmful content, misleading metadata or scams. ASP reserves the right in its sole judgement to remove any such material that it in its sole discretion deems to fit these categories.
- ASP does not endorse any Content uploaded to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ASP expressly disclaims any and all liability in connection with Content. ASP does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ASP will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
- ASP reserves the right to remove Content without prior notice.
4. Terms for Paying Customers
Customers who pay ASP for the Services are considered “Paying Customers”.
- ASP will offer Paying Customers reasonable levels of support via email, phone or fax, during normal business hours, for feedback, problem solving, or general questions for the Service. Any technical assistance that ASP may provide is provided at the sole risk of the Customer.
- Service Updates: The Paying Customer will have online access to updates to the Platform during the Term in which such updates are made.
- Performance: ASP will use reasonable efforts to ensure that its servers have sufficient capacity and rate of connectivity to provide the Paying Customer with a quality of service comparable to current standards in the online information industry. ASP will use reasonable efforts to provide continuous service with an average of 28 days of up-time per month and will attempt to perform scheduled downtime at low-usage times, as determined by ASP.
- Termination: ASP reserves the right to decide whether Content violates these Terms of Service. ASP may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a Paying Customer’s account for violation of these Terms of Service. No refunds will be given to Paying Customers that violate the Terms of Service.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ASP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ASP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASP 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.
6. Limitation of Liability
IN NO EVENT SHALL ASP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 SERVICES, 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 ASP SHALL NOT BE LIABLE FOR CONTENT 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 Service is controlled and offered by ASP from its facilities in the United States of America. ASP makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ASP, its parent corporation, officers, directors, employees and agents, 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: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the 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 ASP without restriction.