Term of Use Agreement
IUniv, owned by Castalia Co. Ltd. (“Castalia”), is a social learning web service that provides free online access to high-quality audio and video recordings of lectures from a wide variety of colleges, universities and organizations from around the world (the “Site Content”) and allows users to submit suggestions, comments, and other materials (the “User Content”). The services offered by Castalia include the website located at www.iUniv.tv (the “Site”) and any other features, content, or applications offered from time to time by Castalia in connection with the Site (collectively, the “Castalia Services”).
1. User Eligibility
Use of the Site and the Castalia Services is void where prohibited. By using the Site and the Castalia Services, you represent and warrant that your use of the Site does not violate any applicable law or regulation. If you are a Subscriber, you represent and warrant that (a) all Subscriber information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. The Site and Castalia Services are provided solely for educational purposes and personal use only.
This Agreement shall remain in full force and effect while you use the Site or are a Subscriber. Castalia may terminate a Subscriber’s account at any time, without warning, for any violation of this Agreement. Even after a Subscriber’s account is terminated, this Agreement will be binding and remain in effect.
3. Subscriber Account Name and Password
As a Subscriber, you are responsible for maintaining the confidentiality of your account name and password, and are fully responsible for all activities that occur under your account name and password with or without your knowledge. You agree to immediately notify Castalia of any unauthorized use of your account name or password or any other breach of security affecting your account. In any event where unauthorized use or access is suspected, your account may be suspended temporarily or terminated. Castalia cannot and will not be liable for any loss or damage arising from your failure to provide Castalia with accurate information or to keep your account name and password secure.
4. Intellectual Property Policy
When using this Site, Castalia requires Visitors and Subscribers to respect any and all intellectual property rights we may have in the Site Content, including but not limited to text, graphics, images, video, audio, and other audiovisual content.
With respect to Site Content developed and owned by Castalia, Castalia grants you a limited, revocable, nonsublicensable, nontransferable license to view and download a single copy of such Site Content for your personal use. You agree to retain all copyright and other proprietary notices contained in such Site Content on any copy you make of such material. You may not sell or modify such Site Content or reproduce, display, distribute, or otherwise use such Site Content in any way for any commercial purpose. Except where expressly permitted, use of such Site Content on any other website or in a networked environment is prohibited. The names, marks and logos appearing on the Site or included in such Site Content are, unless otherwise noted, trademarks owned by Castalia. Unauthorized use of such Site Content violates copyright, trademark, and other intellectual property laws.
With respect to User Content you submit to Castalia, you represent and warrant at all times during the term that: (i) you own such User Content or otherwise have the right to grant the license set forth in Section V(a) below; (ii) submission of your User Content to Castalia does not violate any copyright, trademark, trade secret or other intellectual property right of any third party; (iii) submission of your User Content to Castalia does not violate the privacy rights, publicity rights, or any other rights of any person. You agree to pay all royalties, fees, and any other monies owing any person by reason of any User Content submitted by you to Castalia.
With respect to third party Site Content not owned or created by Castalia, you acknowledge that such Site Content may be subject to certain restrictions regarding your ability to view, copy, modify, translate, publish, broadcast, transmit, distribute, perform, or display such Site Content. You further acknowledge that you are solely responsible for adhering to such restrictions when accessing such Site Content on the Site.
It is the policy of Castalia to terminate the accounts of Subscribers who repeatedly infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent. We ask all Visitors and Subscribers to inform us immediately if they have reason to suspect that any material displayed or used on the Site infringes someone’s intellectual property rights.
If you believe your copyrighted work has been submitted to Castalia in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. Castalia’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:
121 Stanhope Street FL1
Brooklyn, NY 11221 USA
5. Rights and Responsibilities Regarding User Content Submitted to Castalia through the Site
License for User Content Submitted to Castalia
You hereby grant to Castalia a worldwide, non-exclusive, perpetual, irrevocable, sublicensable, fully paid-up, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute User Content you submit to the Site. By posting your User Content to the Site, you also hereby grant each Visitor and Subscriber a non-exclusive, limited license to access your User Content through the Site, to view and download a single copy of such User Content for their personal use, and to display and distribute such User Content solely for non-commercial purposes.
Prohibited User Content
The following is a partial list of the kind of User Content that is illegal or prohibited to submit to Castalia through the Site. Prohibited content includes, but is not limited to User Content that Castalia, in its sole discretion, reasonably believes:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains pornography, violence, or offensive subject matter or contains links to adult or pornographic websites;
promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
is likely to cause harm to Castalia’s web servers, office computers, or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction or corruption to the Site.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
covering or obscuring any Castalia page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add Subscribers or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Castalia Services or the networks or services connected to the Castalia Services;
attempting to impersonate another Subscriber or person;
using the account name or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your account;
using any information obtained from the Castalia Services in order to harass, abuse, or harm another person;
accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or using the Castalia Services on behalf of that person; or
using the Castalia Services in a manner inconsistent with any and all applicable laws and regulations.
6. Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
7. Communications With You
Castalia may communicate with you via email regarding your use of the Site or your submission of User Content. You agree to receive emails from Castalia, or its designee, necessary for the normal functioning of the Site or in connection with Castalia Services.
8. Limitation of Liability
You understand and agree that CASTALIA SHALL NOT BE LIABLE for any direct, indirect, special, consequential, incidental or punitive damages of any nature (including without limitation damages resulting from lost data), for any reason (including, without limitation, actions resulting from the use or inability to use this Site, or Castalia’s negligence or misconduct), whether based on warranty, contract, tort, or any other legal theory, and whether or not Castalia is advised of the possibility of such damages.
9. Disclaimer of Warranties
Although Castalia strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Castalia cannot be responsible for the violation of these terms by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading material submitted by other Visitors or Subscribers. Castalia makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using the Site or from relying on the Site Content. YOU USE THE SITE AND THE SITE CONTENT AT YOUR OWN RISK.
The Site may contain links to other websites. Castalia is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Castalia. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Castalia. WHEN YOU ACCESS THESE THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
Castalia does not warrant that (i) the Site will operate error-free (ii) the Site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any materials obtained by you through the Site in connection with the Castalia Services will meet your expectations (iv) the Site will operate in perpetuity. CASTALIA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY VISITOR OR SUBSCRIBER COMMUNICATION. CASTALIA IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE CASTALIA SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO A VISITOR’S OR SUBSCRIBER’S COMPUTER OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE CASTALIA SERVICES. Under no circumstances shall Castalia be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Castalia Services, from any User Content submitted to the Site, or from the conduct of any Subscriber or Visitor using the Site or the Castalia Services, whether online or offline. If your submission of User Content to the Site or use of the Site Content results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data, and submitted content, Castalia shall not be responsible for those costs or expenses.
YOUR USE OF THIS SITE, THE SITE CONTENT, AND THE CASTALIA SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CASTALIA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS (INCLUDING WITHOUT LIMITATION THIRD PARTY INTELLECTUAL PROPERTY RIGHTS), AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
By using the Site and/or the Castalia Services, you agree to defend, indemnify, and hold harmless Castalia, its officers, directors, employees, agents, shareholders, and affiliates from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Castalia may become obligated to pay arising or resulting from your use of the Site, the Site Content, the User Content, the Castalia Services, or your breach of this Agreement. Castalia reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
11. Governing Law
These Terms and Conditions are governed by applicable U.S. federal law and the substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of Tokyo, Japan with respect to any dispute, disagreement, or cause of action related to or involving this Site, and specifically, the Tokyo District Court of Japan in the first instance. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Site, this Agreement constitutes the entire agreement between you and Castalia with respect to your use of this Site and the Castalia Services.
- Partially amended as of September 30, 2011.