Our Site contains videos, computer files and other content for use by teachers and students of physics and other sciences. It provides personal pages created and maintained by members of the worldwide community of teachers for the exchange of videos, curricular ideas and opinions. It also may contain links to third party websites.
2. Proprietary Rights.
Everything on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and U.S. and international laws. Unless otherwise indicated, you may print or download material available from our Site on any computer for your personal, noncommercial use, or for use in courses that you teach. You may not otherwise copy, modify, transmit, distribute, sell, license, publicly display or perform, publish, edit, or create derivative works from material on our Site without written permission from the LivePhoto Physics Project. You may not alter or remove any trademark, copyright or other notice from anything on our Site.
3. Rules of Use.
You may use our Site for noncommercial, lawful purposes only. You may not upload, post, transmit, or distribute any material to or through our Site that (a) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or otherwise objectionable; (b) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party; (c) constitutes unauthorized or unsolicited advertising, excessive messaging or transmission threatening server capacity, junk or bulk e-mail, chain letter, any other form of unauthorized solicitation, or any form of lottery or gambling; (d) constitutes or encourages conduct that could constitute a criminal offense, cause civil liability, or otherwise violate any local, state, national, or international law or regulation; (e) contains a virus or any other code or program designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of ours or any third party; (f) or impersonates any person or entity or misrepresents any affiliation with any person or entity.
You grant us the right to use, reproduce, display, perform, adapt, modify, and distribute in any form, media, or method now known or hereafter devised, for any purpose, any material you submit or post through any interactive feature of our Site, including wikis, message services or bulletin boards.
Although we do not monitor or edit the material posted by users that may be available on this Site, we reserve the right to remove any material that we determine does not comply with the Terms or that we consider to be otherwise harmful, objectionable, or inaccurate; however, we are not responsible for any failure or delay to remove such content.
You may provide a hypertext link to the Site on another web site provided it is a text-only link clearly marked "livephoto.physics.rit.edu", and which displays the Site "full-screen" and not within a "frame" on the linking web site. Further, the appearance, position and other aspects of any link to the Site must not damage or dilute the goodwill associated with our name, trademarks, and service marks or create the false appearance that we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
4. Choice of Law/Forum Selection.
Our Site is hosted on Rochester Institute of Technology (RIT) computing resources located on the RIT campus in New York State. Any dispute arising out of or relating to the Terms or any content posted to a site, whether based in contract, tort, or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Monroe County, New York as the legal forum for any such dispute.
5. Warranty Disclaimer/Limitation of Liability.
The Site is provided AS IS, and nothing on the Site is intended to be a representation, offer, inducement, promise, or contract of any kind. Also, although our Site may contain links to other websites, RIT is not responsible for the availability, content, products, services, privacy or other policies and practices of any websites to which the Site may link or from which it may be accessible by link. Neither the content of personal pages, nor any links contained on our Site are published, edited, approved, reviewed, or endorsed by RIT or any of its affiliates. You are responsible for your own use of information obtained from or through our Site. RIT does not warrant that the Site will operate without interruption or error-free or that the Site or its Content are free of viruses or other harmful elements.
RIT DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND ANY LINK TO OR FROM THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. RIT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, ACTUAL, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE OR TO YOUR RELIANCE UPON INFORMATION OR OTHER CONTENT OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, RIT WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERROR, LOSS OF DATA, INFRINGEMENT, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE ACTIVITIES REFERRED TO ABOVE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You will defend, indemnify, and hold harmless RIT and its subsidiaries, affiliates, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including, without limitation, reasonable attorney's fees, that arise from your use or misuse of our Site or any content contained there or from your breach of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with any such defense.
7. International Use.
We do not represent that the Site or its content are appropriate or available for access from or use in countries outside the U.S. If you choose to access or use the Site from outside the U.S., you are responsible for compliance with foreign and local laws.
8. How To Contact Us.