Terms of Service | MIT Open Learning Library

ON JUNE 16, 2019, MIT Open Learning Library ADOPTED TERMS OF SERVICE, PROVIDING AS FOLLOWS:

Massachusetts Institute of Technology (“MIT”), acting through its MIT Open Learning Library, offers content via online platforms, including the open-sourced online education platform developed by edX Inc. (“edX”). Please read these Terms of Service ("TOS") and the MIT Open Learning Library Privacy Policy prior to registering or using any portion of the MIT Open Learning Library website (the "Site," which consists of all content and pages located within the OpenLearningLibrary.mit.edu web host), including accessing any course material, chat rooms, or other electronic services. These TOS, and the Privacy Policy are agreements (the "Agreements") between you and MIT setting forth the terms under which you may access and use the Site. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site. As used in this Terms of Service, "we," "us," and "our" refer to MIT Open Learning Library.

We reserve the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

DESCRIPTION OF MIT Open Learning Library

IT Open Learning Library offers educational content, via the open-sourced online education platform developed by edX.

RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the Site. You agree that you will use the Site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

As a condition of your use of the MIT Open Learning Library and Site services, you will not use the Site in any manner intended to damage, disable, overburden, or impair any MIT Open Learning Library server or the network(s) connected to any MIT Open Learning Library server, or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to any MIT Open Learning Library server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers, or associated computers through any means not intentionally made available through the Site.

THE FOLLOWING TYPES OF CONTENT ARE STRICTLY PROHIBITED ON THE SITE:

Content that defames, harasses, or threatens others;
Content that discusses illegal activities with the intent to commit them;
Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
Profane, pornographic, obscene, indecent, or unlawful content;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings, user information, or videos. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

Furthermore, you agree not to misrepresent or attempt to misrepresent your identity while using the Site.

USER ACCOUNTS AND AUTHORITY

In order to create a user account ("User Account") and to participate fully in Site activities, you must provide certain information about yourself. You agree that you will never share access to or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you we collect and how we use that information.

your right to use content on the site

For the purposes of these TOS, the term “Site Content” includes all content posted to the Site, including but not limited to texts, exams, video, images, and other instructional materials provided.

Unless otherwise indicated, Site Content is protected by United States and foreign copyright laws, and you may engage only in personal, noncommercial use of the Site Content. You may not otherwise reproduce, retransmit, distribute, display, publish, commercially exploit or otherwise make available any Site Content in print, electronic, or any other medium. You may not record any portion of any course. Any additional presentation of any course or of materials derived from any course is also strictly prohibited.

Certain reference documents, digital textbooks, articles, and other information on the Site are used with the permission of third parties, and your use of that information may be subject to certain additional rules and conditions, which will be posted along with the information. By using this Site, you agree to abide by all such rules and conditions.

Certain content on the Site has a Creative Commons License and is marked as such.

Creative Commons License

Attribution-NonCommercial-ShareAlike

This is a human-readable summary of (and not a substitute for) the license.

You are free to:

Share — copy and redistribute the material in any medium or format
Adapt — remix, transform, and build upon the material
The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
Noncommercial — You may not use the material for commercial purposes.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

registration

Registration process. In order to access this material, individual users must complete the course registration process.

No Other Enrollment. When you register for, take, or complete material through MIT Open Learning Library, you will not be an applicant for admission to, or enrolled in, any degree program of MIT. You will not be entitled to use any of the resources of MIT beyond the online material provided on the Site, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of MIT. You may not imply or state in any manner, written or oral, that MIT or MIT Open Learning Library is granting academic credit for enrollment. None of the material offered through MIT Open Learning Library award academic credit or degrees.

trademarks

Use of MIT Open Learning Library Names, Trademarks and Service Marks. The “MIT Open Learning Library ” names, logos and seals are trademarks ("Trademarks") of MIT. You may not use any of these Trademarks, or any variations thereof, without MIT’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in MIT’s sole judgment, gives the appearance or impression of a relationship with or endorsement by MIT.

All trademarks not owned by MIT that appear on the Site on or through the services made available on or through the Site, including the edX trademarks, are the property of their respective owners.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or Trademark displayed on the Site without the written permission of its owner.

digital millennium copyright act

Copyright owners who believe their material has been infringed on the Site should contact our designated copyright agent at dmca-agent@mit.edu.

Notification must include:

Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
Information for us to be able to contact the complaining party (e.g., email address, phone number). A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

MIT Open Learning Library AND COLLABORATORS (AS HEREINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS.

MIT Open Learning Library AND COLLABORATORS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “COLLABORATORS” MEANS MIT, THE ENTITIES (INCLUDING EDX BUT EXCLUDING OTHER USERS) PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE MIT OPEN LEARNING LIBRARY PRIVACY POLICY.

Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. MIT Open Learning Library and Collaborators are not responsible for and do not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER MIT Open Learning Library NOR COLLABORATORS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTE OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIT Open Learning Library NOR COLLABORATORS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER OR NOT MIT Open Learning Library OR COLLABORATORS HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

indemnification

You agree to defend, hold harmless, and indemnify MIT Open Learning Library and Collaborators, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents, and employees from and against any third party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, MIT Open Learning Library or a Participant will provide you with written notice of such claim, suit, or action.

miscellaneous

Termination Rights; Discontinuation of Content. You agree (1) that we may terminate your use of the Site or your participation in it immediately upon notice to you if you materially breach any of these terms and fail to cure such breach within 30 days of receiving written notice from us about the breach; and (2) that in appropriate circumstances, we may terminate any users of the Site who are repeat copyright infringers. We reserve the right at any time in our sole discretion to cease providing any part or all of the Site content or related services. If you no longer desire to participate in the Site, you may terminate your access at any time. The rights granted to you hereunder will terminate upon any termination of your access and right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement. These TOS and the Privacy Policy together constitute the entire agreement between you and MIT Open Learning Library with respect to your use of the Site, superseding any prior agreements between you and MIT Open Learning Library regarding your use of the Site.

Waiver and Severability of TOS. Our failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive, and agree not to assert, any objection to such proceedings in those courts (including any defense or objection for lack of proper jurisdiction or venue or inconvenience of forum).