Terms of Use

By accessing or using MEDIASHAREiQ™ offered by Education Management Solutions, LLC (“EMS”) or any other EMS products, software platforms and Service provided to you from or through EMS including hosted Service (“Collectively, “Service”), you agree to the “Terms of Use” and “Privacy Polices” located at https://www.MEDIASHAREiQ.com/Privacy and incorporated herein by reference. If you do not agree to these Terms of Use including the aforementioned policies, please do not use the Service.

NOTICE TO EDUCATIONAL USERS. EMS makes available software and hardware tools to educational institutions, and those institutions use our products, including MEDIASHAREiQ™ to create audiovisual recordings of classes and lectures, host and record online discussions, make and store notes, interact with educational materials and allow viewing of these items online, including through the educational institution’s own websites (“Education Site”). If you use MEDIASHAREiQ™ or other EMS products, even if you access the Service from a link within an Education Site, the same Terms of Use apply.

1. ACCESS TO MEDIASHAREIQ™ SERVICE AND TOOLS
2. Access to Features of Online Service

For so long as you agree to these Terms of Use and abide by them, you may use the Service. Subject to these Terms of Use, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any software, scripts and other content that we may from time to time have specifically identified within the Service as available for download (“Tools”).

1. General Restrictions on Use

The rights granted to you by these Terms of Use will remain in force only for so long as these Terms of Use remain in effect. You may not resell or sublicense access to the Service to any third-party. You may use the Service and Tools only for your personal, non-commercial purposes. You further agree not to combine or integrate the Service and/or any Tools with hardware, software or other technology or materials not provided by EMS. You may not modify or create any derivative product based on the Service or Tools. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Service and/or Tools is compiled or interpreted, and nothing in these Terms of Use should be interpreted as granting you any right to obtain or use source code. You agree not to use the Service or Tools to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (f) upload or transmit information or content that is infringing, defamatory, obscene, fraudulent or otherwise illegal. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Service (including, without limitation, robots, spiders or scripts); or (ii) frame the MEDIASHAREiQ™ Sites, place pop-up windows over their pages, or otherwise affect the display of their pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current. Without limiting any rights or remedies that EMS may have available at law or in equity, including, without limitation, any right to seek monetary damages for your breach, you agree that EMS may seek a court order to compel you to comply with these Terms of Use, and You understand that we may immediately terminate your access to the MEDIASHAREiQ™ Sites and/or Service at any time if you violate the restrictions set forth above.

1. Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the MEDIASHAREiQ™ Sites, the Service, and all Tools, and all related intellectual property rights. MEDIASHAREiQ™, and the MEDIASHAREiQ™ logo, are trademarks of EMS. All other trademarks are property of their respective owners. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Service.

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to EMS, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to EMS or any of its employees or representatives automatically become the property of EMS.

1. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

1. No Warranties

THE SERVICE, THE MEDIASHAREIQ™ SITES, THE TOOLS AND ALL INFORMATION AND OTHER MATERIALS RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. EMS AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SERVICE, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL PERSONAL CONTENT. EMS IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS OR EDUCATION SITES. EMS DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

1. Limitation of Liability

USE OF THE SERVICE, THE MEDIASHAREIQ SITES AND/OR ANY TOOLS IS AT YOUR OWN RISK. IN NO EVENT WILL EMS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH SUCH USE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF EMS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF EMS TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE EXCEED ONE DOLLAR (U.S. $1.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND EMS RELATING TO THE PROVISION OF ACCESS TO THE MEDIASHAREIQ SITES, THE SERVICE, AND ANY TOOLS TO YOU, AND EMS WOULD NOT PROVIDE THE SAME TO YOU WITHOUT THIS LIMITATION.

1. Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT EMS’S OPTION, DEFEND EMS (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE.

III. TERM AND TERMINATION

These Terms of Use will become effective and binding when you use the Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site. You do not need to inform us if you wish to stop using the Service. We reserve the right to terminate these Terms of Use and your access to the MEDIASHAREiQ™ Sites and the Service at any time without notice. Your rights under these Terms of Use will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms of Use. The provisions of sections I.B, I.C, I.D, II, III, and IV will survive the termination of these Terms of Use.

1. MISCELLANEOUS MATTERS
2. Privacy

In the course or accessing and/or using the Service and/or any Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms of Use. If you use the Service and/or the Tools, you are accepting the Terms of Use and conditions of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Service and the Tools.

1. Copyrights

If you believe your copyright has been violated by works, please contact us by email at legal@MEDIASHAREiQ.com.

1. Modifications to Terms of Use

We may change these Terms of Use from time to time. Any such changes will become effective when posted within the Service. If you object to any such changes, your sole recourse will be to cease using the Service and the Tools. Continued use of the Service and/or any Tools following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Use, inclusive of such changes. In addition, certain features of the Service may be subject to additional terms and conditions of use. By using such features, or any part thereof, you agree to be bound by the additional terms and conditions of use applicable to such features. In the event that any of the additional terms and conditions of use governing such area conflict with these Terms of Use, the additional terms and conditions of use will govern.

1. Modifications to Service.

We reserve the right to modify the Service at any time without notice. If you object to any changes to the Service, your sole recourse will be to cease using them. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as so modified. We also reserve the right to discontinue the Service at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

1. General Terms of Use

You agree to comply with all laws, rules and regulations that apply to your use of the Service and the Tools. These Terms of Use will be subject to and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the Commonwealth of Pennsylvania. The failure of EMS to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms of Use shall remain in full force and effect. You agree that any claim or cause of action that you may have related to the Service, the Tools, and/or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use constitute the entire agreement between you and EMS with regard to the matters described above.

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