LTSG MOOC Terms of Use

Update 8/12/13

Introduction and Resources
Your participation in any Lutheran Theological Seminary at Gettysburg (LTSG) MOOC, and your use of the LTSG site on which it is made available (the “Site”), are also subject to the following Terms of Use.
Acceptance of the Terms of Use
By using the Site and participating in an LTSG MOOC, you are agreeing to these Terms of Use. Please read them carefully before accessing or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction, or other on-line forum, course, or service made available by LTSG. By using the Site and participating in an LTSG MOOC, you signify and acknowledge that you have read these terms and agree that they constitute a binding legal agreement between you (sometimes referred to as “End User”) and LTSG, and that you agree to be bound by and comply with the Terms of Use. If you do not agree to be bound by these terms, you may not access the Site or participate in an LTSG MOOC. LTSG reserves the right to terminate access to the Site or to any LTSG MOOC for any End User at any time who violates any of these terms.
Changes to the Terms of Use
LTSG reserves the right to change or modify these Terms of Use or any additional terms at its sole discretion at any time. If you do not agree to the modified terms for the Site or for any LTSG MOOC, you should discontinue your participation in the MOOC, because your continued participation constitutes binding acceptance of the modified Terms of Use.
Restrictions on Participation
Registration and participation in any LTSG MOOC is restricted to individuals over 18 years of age. By registering or participating in services or functions on the Site, you hereby represent that you are over 18 years of age. You also represent that you will register for each LTSG MOOC only once. If you do not qualify or do not agree to these terms, you may not use the Site. 

Do not misuse the Site or any of the content provided in the MOOC. You may not interfere with the presentation or delivery of the MOOC or try to access the Site or the MOOC using any method other than the interface and the instructions that we provide. 

As a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under these Terms of Use; (b) use LTSG’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or(g) otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
Intellectual Property
LTSG’s MOOCs, and all content or other materials available on the Site, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content, are the property of the Lutheran Theological Seminary at Gettysburg and/or its affiliates or licensors, and are protected by copyright, patent, and/or other proprietary intellectual property rights under the United States and foreign laws. Your participation in any MOOC does not give you ownership of any intellectual property rights in any of its content. 

In consideration for your agreement to the Terms of Use, LTSG grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material from the Site, nor may you modify or create derivative works from the material on the Site. The burden of determining that your use of any information, software, or any other content on the Site is permissible rests with you. 

These terms do not grant you the right to use any branding or logos from LTSG or as used in any MOOC.
Data Privacy and Security
LTSG will gather certain personal data from you when you register for an LTSG MOOC, such as your e-mail address, location, preferences, and responses to certain survey information. LTSG will only use this personal data for certain limited purposes, including to improve site content and to visualize and display aggregate data as part of the course. LTSG will use reasonable safeguards consistent with prevailing industry standards and commensurate with the sensitivity of your data to maintain the security of that information on its systems and will never sell your personal data to commercial entities.
You may be contacted by LTSG concerning other courses and opportunities sponsored by LTSG.
ADA Accessibility
LTSG has made every effort to provide the Content in its MOOCs in a form that is reasonably accessible to End Users with disabilities, including End Users with visual impairments who use screen reader technologies. Some Content, by its nature, may not be adaptable using such technology, including inherently visual content.
Disclaimer: Forum Participation
The Site includes forums containing the personal opinions and other expressions of the participants, who post entries on a wide range of topics. Neither the User Content (as defined below) on the Site, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by LTSG. By posting to or viewing such forums, you agree that LTSG is not responsible or liable for the content of any postings therein. LTSG reserves the right (but not the obligation) to remove any content from such forums in its discretion.
Rules for Online Conduct
You agree to use the Site in accordance with all applicable laws. You agree that you will not use the Site for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site:
·         Content that defames, harasses, or threatens others
·         Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
·         Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
·         Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets
·         Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
·         Material that contains obscene (i.e., pornographic) language or images
·         Advertising, promotional materials, or any form of commercial solicitation
·         Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing)
·         Content that otherwise harms other users or visitors to the Sites
·         Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
Although LTSG will not routinely screen or monitor content posted by users to the Site, LTSG reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so).
User Accounts
In order to fully participate in all Site activities, you must register for a Moodlerooms account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts. 

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site. 

You also agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Site.
Online Course and Certifications
LTSG and the instructors of its MOOCs reserve the right to cancel, interrupt, or reschedule the course or modify the content of any MOOC as well as the point value or weight of any assignment, exam, or other evaluation of progress. The Site and the courses offered on the Site are subject to the Disclaimer of Warranties / Limitation of Liabilities section below. 

You may not use any LTSG MOOC or any Letter of Completion as part of any tuition-based or for-credit certification or program for any college, university, or other academic institution. Such use of the MOOC or Letter of Completion is a violation of these Terms of Use.
Disclaimer of Student-University Relationship
You agree and acknowledge that nothing in these Terms of Use or otherwise with respect to your access or use of the Site (a) establishes any relationship between you and LTSG, (b) enrolls or registers you in LTSG, or in any course other than a MOOC offered by LTSG, or otherwise guarantees your entitlement to register or matriculate at LTSG, or (c) entitles you to access or use LTSG’s resources. LTSG will provide no verification to third parties, including employers or potential employers, of your participation in any course offered on the Site.
User Material Submission
The Site may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Site’s public forums such as the discussion forums (“User Content”). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant LTSG a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to LTSG that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit LTSG to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and LTSG, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, or intellectual property or any other proprietary rights, such as copyright, trademark, or patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice. 

The Sites may also provide you with the ability to upload or send information to LTSG regarding the Site or related services (“Feedback”). By submitting Feedback, you hereby grant LTSG an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform, and publicly display any such submission. 

The rights you grant in these licenses are for the limited purposes of allowing LTSG to conduct, improve, and further develop its current and future MOOCs and the Site, and allowing the other course participants to collaborate, coordinate, and otherwise participate in the MOOC. These licenses continue even if you stop participating in the MOOC and continue after the MOOC has concluded. By submitting content to the MOOC and/or the Site, you are representing and warranting that you have the necessary rights to grant us these licenses. 

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video, and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
Links to Other Sites
The Site may include hyperlinks to sites maintained or controlled by others. Neither LTSG nor the instructors of the MOOC are responsible for nor do they 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.
Online Education Research
Records of your participation in the MOOC may be used for researching online education or for creating visualizations of data. In the interests of this research, you may be exposed to slight variations in the course materials that will not substantially alter your learning experience. All research findings and visualizations will be reported at the aggregate level and will not expose your personal identity.
Disclaimer of Warranty / Limitation of Liabilities
LTSG will host and provide the MOOC and the Site using a commercially reasonable level of skill and care. That said, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LTSG AND ITS PARTICIPATING INSTRUCTORS AND THEIR STAFF (THE “LTSG PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY ONLINE COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE LTSG PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE LTSG PARTIES DO NOT WARRANT THAT (A) THE ONLINE COURSES OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE ONLINE COURSES OR SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE ONLINE COURSES OR SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE ONLINE COURSES OR SITE WILL BE CORRECTED. NONE OF THE LTSG PARTIES MAKES ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE ONLINE COURSES AND SITE MAY BE IMPAIRED. THE LTSG PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE ONLINE COURSES OR SITE OR ANY INFORMATION OR SERVICES RELATED TO THEM. 

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE ONLINE COURSES AND SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK. 

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE LTSG PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE AN ONLINE COURSE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH AN ONLINE COURSE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE ONLINE COURSES OR SITE. 

EXCEPT AS PROHIBITED BY LAW, THE LTSG PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY ONLINE COURSE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY ONLINE COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. LTSG TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY LTSG FROM THE USER FOR THE USE OF THE SITE DURING THE PAST 12 MONTHS OF USE, WHICHEVER IS GREATER. 

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE LTSG PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR LTSG'S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. 

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright Policy
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. 

If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. 

Notices must meet the then-current statutory requirements imposed by the DMCA.
Indemnification
You agree to indemnify, defend, and hold harmless LTSG and its Trustees, officers, agents, employees, and assignees, including its instructors, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or the MOOC in violation of the Terms of Use; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Site or through the MOOC, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Termination Rights
You agree that LTSG, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and that none of the LTSG Parties shall have any liability to you for any such action. You further acknowledge that for the purpose of any course delivered on the Site, your sole relationship with LTSG is as defined in these Terms of Use; for the avoidance of doubt, you do not have student status at LTSG and you are not entitled to any grievance or other resolution process for student disputes at LTSG. You further agree that LTSG has the right to cancel, delay, reschedule or alter the format of any Online Course at any time, and that none of the LTSG Parties shall have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to LTSG. 

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, it will not affect any other terms. 

The laws of the State of Pennsylvania, U.S.A., will apply to any disputes arising out of or relating to these terms or your use of the Site. All claims arising out of or relating to these terms or the Site will be litigated exclusively in the federal or state courts in Pennsylvania, U.S.A., and you and LTSG both consent to personal jurisdiction in those courts.