PLEASE REVIEW BEFORE USING THIS WEBSITE – IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
General Description
Welcome to the UNC Center for Media Law and Policy (the “CMLP”). The CMLP provides educational resources related to media law and policy (the “Services”) through our website available at http://medialaw.unc.edu/ (the “Site”). To provide the Services, we have to set out some ground rules for using the Site in this document (the “Terms”). By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by the Terms.
The CMLP may change the Terms from time to time, at the CMLP’s sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.
The Site is an information starting point. The CMLP does not provide legal advice. The Site may include information which is out-of-date, jurisdiction-specific, or applicable only based on a specific set of facts and this may not apply to your situation. Use of the Services or Site does not create an attorney-client relationship between the user and the CMLP. If you are in need of legal advice, seek individual attorney advice and DO NOT rely on the CMLP. THE CMLP IS NOT YOUR LAWYER.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE UCMLP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE CMLP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF THE UCMLP, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
Account
Registration
To utilize the Site and Services, or certain portions thereof, you may be required to complete a registration process and establish an account with the CMLP (“CMLP Account”). You represent and warrant that all information provided by you to the CMLP is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and CMLP Account(s). You understand and agree that you a fully responsible for all actions and postings made from your CMLP Account(s). Any accounts you create are not transferrable. You agree to notify the CMLP immediately if you become aware of any unauthorized use of your CMLP Account(s).
Privacy
The CMLP respects the privacy of our users. The Privacy Notice follows the terms and is expressly incorporated herein by reference and made a part of these Terms.
Termination
The CMLP reserves the right to terminate your CMLP Account(s) or restrict access to your CMLP Account(s), or to delete any content posted through your CMLP Account(s), with or without notice, for any or for no reason, and without any liability to you.
Community Participation
Browsing
You understand that material made available by the CMLP is a product of a community effort and does not necessarily represent the views of the CMLP. The CMLP assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
Linking
You understand that the CMLP does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that the CMLP endorses or is affiliated with any third-party website. You agree that the CMLP bears no responsibility or liability for any content accessed or harm caused from any third-party website.
Acts Against the Site/Services
You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:
(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your CMLP Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or CMLP Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of the CMLP; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, CMLP hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
Content
Content contributed to the Site should be relevant to the subject scope of the CMLP. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Please read our Community and Commenting Guidelines, which are incorporated herein by reference and are below.
The CMLP does not pre-screen or regularly review any contributed content, but the CMLP has the right (though not the obligation) to remove, without notice, any content posted which the CMLP considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. The CMLP may terminate any CMLP Account, with or without notice, for posting such content.
Licenses Applicable to Contributed Content
(a) License to Other Users of the Site and Services: Attribution-Noncommercial-Share Alike License. Except where otherwise noted, any and all content contributed by you to the Services or the Site is submitted under a Creative Commons Attribution-Noncommercial-Share-Alike 3.0 License.
(b) License to the CMLP. By posting or contributing content to the Site using these Services, you are granting the CMLP a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, and/or for educational or other non-commercial purposes, including, without limitation, (1) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (2) the right to sublicense any or all of CMLP license rights to others.
User Representations and Warranties
By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
Contacting us and reporting misconduct:
For more information or to report any misconduct or abuse of this Web site, please e-mail one of the listed contacts.
Indemnities
You acknowledge and agree to indemnify and hold the CMLP and the University of North Carolina at Chapel Hill, their affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your CMLP Account(s), of any intellectual property or other right of any person or entity.
Other Terms
Modifications
The CMLP reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.
Termination of Service
The CMLP disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. The CMLP reserves the right to modify, suspend, or discontinue the Services or access to the Site without any notice at any time and without any liability to you.
Scope of Terms
The Terms apply to use of and contribution to the Site and any account provided therefore. The CMLP may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
No Waiver of Terms
Failure of the CMLP to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of the State of North Carolina without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Orange County of the State of North Carolina in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Effective Date of the Agreement is SEPTEMBER 1, 2012.
Privacy Notice
The following discloses the information gathering and dissemination practices for the UNC Center for Media Law and Policy (the “CMLP”) website (the “Site”). We reserve the right to modify the information contained herein at anytime without prior notice. If we do make changes to our privacy policies, we will modify this page accordingly. Check this page periodically for amendments. This site and all information and materials on it are provided to you “AS IS” without warranty of any kind.
YOUR USE OF THE SITE, OR YOUR PROVISION TO US OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.
Normal Browsing
As with many websites, we collect certain information, even when you are not logged in. When you browse, read, or download information from the Site, data is collected by the CMLP, including but not limited to your IP address, URL request, browser type, and date and time of your request. The data are analyzed in various ways, including using a service called Google Analytics. (Google Analytics is subject to the privacy policy of Google.) We collect this information on an aggregate basis only. For example, we track which pages are most popular among visitors as a whole. We do not track information on which pages an individual user visits. We do not collect any other information without your knowledge and permission. We use this information to improve the usefulness of the site to our visitors. Unless you affirmatively provide additional information to us, we do not collect or store personally identifiable information such as name, mailing address, email address, phone number, or social security number.
Information You Provide
The CMLP requests personally identifiable information when you register for an account. Information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to the CMLP services. This information may include, but is not limited to, personal names, e-mail addresses, location, and occupation.
Disclosure of Information
Available log records, account information, and all data stored on our servers may be accessed by our system administrators. In the event that we are required by law (including a court order) to disclose the information you submit, we will provide you with notice (unless we are prohibited) that a request for your information has been made so that you may object to the disclosure. We will send this notice by email to the address you have given us. We prefer to independently object to over-broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.
Cookies
Cookies are small text files that the Site can send to your browser for storage on your computer’s hard drive. They make your use of the Site easier by saving your status and preferences and are refreshed every time you visit. We may use session cookies when you visit our website while your browser is open, or while you are logged into the Site. To facilitate our registration and login functions, we may use cookies to recognize when you return to the Site. If you do not logout of your account, these cookies allow us to keep track of your username and password so that you do not have to resubmit the information to log into your account. If others will be using your computer, you should log out of your account so that your logon information is cleared. Most browser are initially set to accept cookies, but you may be able to change the settings to refuse cookies or to be alerted when cookies are being sent.
Children’s Privacy
The Site’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the Site, please contact us immediately.
Posting
Posting or updating content on the Site is a public action, and all content may be publicly visible. Identification of all contributed content may include, but is not limited to, display of your account name or IP address. All content may be retained for restorative, archival, or research purposes by the CMLP. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the Site.
Security
The Site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of the Site cannot be guaranteed by the CMLP. The CMLP shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site or any information you transmitted to the Site.
Other Websites
Material on this website may link to independently run websites outside of the http://medialaw.unc.edu/ domain. The CMLP is not responsible for the privacy practices or content of such websites. We encourage you to read the privacy policies of any websites you visit from this website.
Effective Date of the Agreement is SEPTEMBER 1, 2012.
Community and Commenting Guidelines
At the UNC Center for Media Law and Policy, we seek to build a community of lawyers, academics, journalists, and others who are interested in facilitating the education of media law and related subjects.
With this goal in mind, we hope to bring a diverse range of perspectives and voices into this site. While we do not want to limit the spirit of civil disagreement, we may, at our sole discretion, decline to publish unacceptable content and remove it if we find it on this site.
Unacceptable content includes, but is not limited to, the following:
- Statements that are intended as a personal attack or are abusive, harassing, or threatening
- Defamatory or knowingly false statements
- Information of a private or personal nature that does not have news value or is otherwise not of public interest
- Irrelevant statements, commercial solicitations, or SPAM
- Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use
CMLP staff will determine what is “unacceptable content” on a case-by-case basis. We reserve the right to change these standards at any time. We also reserve the right to remove links to unacceptable off-site content at any time.